Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 16, 2021
CASE NO(S).: PL200373
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: David Islam
Subject: By-law No. BL 2020-077
Municipality: City of Barrie
OLT Case No.: PL200373
OLT File No.: PL200373
OLT Case Name: Islam v. Barrie (City)
PROCEEDING COMMENCED UNDER subsection 34(25) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Motion By: Ontario Land Tribunal
Purpose of Motion: Order Dismissing the Appeal
Appellant: David Islam
Subject: By-law No. BL 2020-077
Municipality: City of Barrie
OLT Case No.: PL200373
OLT File No.: PL200373
Heard: July 8, 2021 in writing
APPEARANCES:
Parties
Counsel
David Islam
Self-Represented
City of Barrie
Peter Krysiak
481 Yonge Developments Inc.
Sarah Hahn
DECISION DELIVERED BY R.G.M. MAKUCH AND ORDER OF THE TRIBUNAL
BACKGROUND
1481 Yonge Developments Inc. (“481”) applied for and was successful in obtaining a zoning by-law amendment from The City of Barrie for the property located at 481 Yonge Street, which rezoned the subject property from Residential Multiple Dwelling Second Density (RM2) to Mixed Use Corridor - Special (MU2)(SP) to permit the development of a four-storey residential apartment building with 67 units.
2This approval was appealed by David Islam on August 10, 2020.
3A Case Management Conference (“CMC”) was held on March 26, 2021, wherein, Associate Chair Sharyn Vincent ordered a Tribunal Initiated Dismissal Motion to be heard in writing and ordered the Appellant, David Islam to file a Motion Record by April 9, 2021, and also ordered the Responding Parties to respond by April 15, 2021, and for Mr. Islam to provide a Reply, if any, by April 19, 2021.
4Mr. Islam had advised the Tribunal at the time, that he had not finalized an Issues List for his appeal and that he would not be retaining an expert to provide any evidence at the hearing of his appeal.
5Furthermore, Associate Chair Vincent also directed Mr. Islam at that time to review the case of East Beach Community Assn v. Toronto (City), [1996] OMBD No. 1890, 42 OMBR 505, 1996 CarswellOnt 5740 (“East Beach”) in his submissions on the dismissal motion and to demonstrate that he had raised a triable issue.
6Mr. Islam served his motion record on April 27, 2021 without any reference to a triable issue, the evidence he intended to rely on, or if there are any genuine planning issues to be adjudicated.
7The materials before the Tribunal on this Motion are the following:
a. Appellant’s Motion Record dated April 29, 2021;
b. 481 Yonge Developments Inc. Response dated May 7, 2021, including the Affidavit of Ed Lea, sworn May 7, 2021;
c. 481 Yonge Developments Inc. Factum dated May 7, 2021; and
d. Appellant’s Reply to Response dated May 11, 2021, including the Affidavit of Celeste Phillips, MCIP, RRP sworn May 11, 2021.
APPELLANT SUBMISSION
8Mr. Islam’s submission outlined in his Motion Record consisted mainly of references to communications with Ryan Co