Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 19, 2021
CASE NO(S).: PL100931
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Joao DaSilva
Subject: By-law No. 2010-0050
Municipality: Town of Halton Hills
LPAT Case No.: PL100931
LPAT File No.: PL100931
LPAT Case Name: DaSilva v. Halton Hills (Town)
Heard: August 06, 2021 via video hearing
APPEARANCES:
Parties
Counsel
Joao DaSilva (“Appellant”)
Thomas Arnold
Town of Halton Hills (“Town”)
Al Burton
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON AUGUST 6, 2021 AND ORDER OF THE TRIBUNAL
1This is the sixth Case Management Conference (“CMC”) conducted in this proceeding, and was scheduled by the Tribunal at the last CMC conducted on April 21, 2021.
2Prior to the CMC the Panel requested, and obtained, conflict dates for the anticipated scheduling of the hearing of this Appeal as well as a draft Procedural Order and Issues List, which was reviewed.
3The Town previously advised that following the additional public consultation that had occurred with respect to the revised proposal for development of the subject property, and the deliberations of Council, as explained in the prior decision of the Tribunal issued May 5, 2021, it was determined that the parties would not be able to reach a consensus and the Appeal would have to proceed to an oral hearing.
POTENTIAL FOR ADDITIONAL APPEAL AND FUTURE CONSOLIDATION
4Counsel also advised the Tribunal that it was anticipated that an additional appeal relating to Official Plan Amendment 7 (“OPA 7”), site specific to the subject property, would likely be before the Tribunal in the near future and that the request might then be made to have that Appeal consolidated with this appeal. Counsel confirmed that the Appeals would involve the same parties, relate to the same property and benefit from adjudication concurrently with this Appeal. As this Appeal is not yet before the Tribunal, and it obviously has no jurisdiction to address this additional appeal at this time, this request may be made to the Tribunal at the time that an Appeal of OPA 7 by the Appellant comes before the Tribunal.
5However, for the purposes of effective case management, the parties have estimated the hearing time of this Appeal to be inclusive of the additional time likely required to deal with the additional issues arising in OPA 7, and have planned for the efficiencies of having both appeals heard together such that the case management of both appeals can be expeditiously arranged once the anticipated appeal of OPA 7 is brought by the Appellant in the coming months. The Parties may accordingly address the Tribunal at a later date, and through a summary case management process the Tribunal may subsequently arrange for the necessary consolidation and concurrent administrative and adjudicative steps required, possibly at the now-scheduled CMC on March 11, 2022.
MEDIATION AND SETTLEMENT
6The Tribunal addressed the subject of settlement or mediation and has been advised that, at this point, further progress on a resolution is not expected but will nevertheless advise the Tribunal if there is any settlement possibility and will request mediation if that is determined to be worthwhile.
PARTICIPANT
7Prior to the CMC, the Panel was provided with communications from Ms. Bridgeen Wey, regarding a strong interest in participating in the hearing of the Appeal. Due to unfortunate family circumstances, Ms. Wey had not filed the requisite request form for Participant Status but sufficient information was provided in her emails, and at the CMC, to warrant a consideration of a request for Participant Status. Ms. Wey has advised the Tribunal that she informally represents a group of interested individuals who have formed a non-incorporated residents association, and who have provided input to the Town with respect to the proposed development.
8Ms. Wey was apprised of the extent and nature of her involvement on behalf of her association of residents, if granted Participant status, and advised that detailed information and reasons for such concerns to the proposed development of the subject property, collectively submitted by her group, would eventually be submitted in writing to the Tribunal by the deadline provided in the Procedural Order.
9Both the Town and Appellant had no objection to the request by Ms. Wey, and accordingly Bridgeen Wey is granted Participant status in this Appeal.
PROCEDURAL ORDER
10The Tribunal provided a number of suggested edits to the Procedural Order and the Issues List that had been received and reviewed. Counsel agreed to attend to the necessary revisions, with the benefit of the now-scheduled dates of the hearing and the pre-hearing status hearing/CMC to be conducted by telephone conference call (“TCC”). That pre-hearing CMC would, in addition to any other matters that might arise, be for the purposes of: reviewing the draft hearing plan; addressing any revisions to the issues list required if an appeal of OPA 7 is properly put before the Tribunal and consolidated and heard together with this Appeal; confirming the required number of hearing days; and determining whether the hearing might be converted to an in-person hearing at an approved venue.
11The Tribunal subsequently received and reviewed the revised draft of the Procedural Order and Issues List. The fixed dates for the hearing on the merits are now provided in the Procedural Order appended to this Decision and the call-in coordinates for the TCC CMC on March 11, 2022 are set out below.
12Appended to this Decision as Attachment 1 is the Procedural Order, which will now govern all further pre-hearing procedural requirements and the hearing of the Appeal.
PRE-HEARING TELEPHONE CONFERENCE CALL CMC
13For the purposes of the pre-hearing TCC Status Hearing on March 11, 2022, the parties are to jointly provide a brief written status report to the Tribunal on or before that date, confirming the total number of days required for the hearing, supported by a preliminary outline of a workplan setting out the anticipated order and schedule of witnesses, the estimated time frames for the evidence-in-chief, cross and re-examination for all scheduled witnesses, as well as the time allotted for opening and closing submissions and any anticipated preliminary motions or matters. If a settlement is achieved, or if issues are resolved, such that the number of days allocated for the hearing can be reduced, the Parties will advise the Tribunal accordingly so that hearing dates may be released from the Tribunal’s calendar.
14If the parties wish to request that the video hearing be converted to an in-person hearing at an appropriate venue the Town shall also provide details of the proposed arrangements and venue, meeting all health and safety requirements as may then be necessary, depending upon the circumstances of the COVID-19 Pandemic, and the requirements of the Tribunal.
TELEPHONE HEARING AND VIDEO HEARING COORDINATES
15The TCC Status Hearing to review the draft hearing plan, will commence at 9 a.m. on Friday, March 11, 2022, with the following dial-in instructions:
Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848. When prompted, enter the code 4779874# to be connected to the call.
16The call-in and connection coordinates for the four-day video hearing scheduled to commence at 10 a.m. on Tuesday, May 3, 2022, and continuing to Friday, May 6, 2022, shall be provided to the Parties and to the Participant at a subsequent date.
17There will be no further notice with respect to each of the two hearing events, and the Panel Member is not seized on either the TCC CMC or the hearing.
18The Tribunal so orders and provides these CMC directives for the purposes of the case management of this Appeal.
“David L. Lanthier”
DAVID L. LANTHIER
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.