Colthoff v. Trent Lakes (Municipality), 2021 CanLII 77618

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 16, 2021

CASE NO(S).: PL210067

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Roland Rom Colthoff

Subject: Application to amend Zoning By-law No. B2020- 123 - Refusal of Application by the Municipality of Trent Lakes

Existing Zoning: "Shoreline Residential Private Access"

Proposed Zoning: "Shoreline Residential-Private Access-95 (SRPA-95)"

Purpose: To permit the construction of a second-storey addition to a boathouse

Property Address/Description: 91 Fire Route 79A

Municipality: Trent Lakes

Municipality File No.: ZBA 20-02

OLT Case No.: PL210067

OLT File No.: PL210067

OLT Case Name: Colthoff v. Trent Lakes (Municipality)

Heard: June 28, 2021 by video hearing

APPEARANCES:

Parties

Counsel

Roland Rom Colthoff (the "Appellant")

David Bronskill (in absentia)

Matthew Lakatos-Hayward

Municipality of Trent Lakes

John Ewart

MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON JUNE 28, 2021 AND ORDER OF THE TRIBUNAL

1This is the first Case Management Conference ("CMC") conducted in respect of the Appeal from Roland Rom Colthoff (the "Appellant") pursuant to s. 34(11) of the Planning Act against the Municipality of Trent Lakes' refusal to approve the Appellant's proposed Zoning By-law Amendment.

2The municipal address for the subject property is 91 Fire Route 79A in the Municipality of Trent Lakes, County of Peterborough.

3The Appellant is seeking to rezone his property from "Shoreline Residential-Private Access" to "Shoreline Residential-Private Access-95 (SRPA-95)" to permit the construction of a second-storey addition to an existing boathouse to create habitable living space.

4The Tribunal marked the Affidavit of Service of the Notice of the CMC sworn by Jenna Chapman on June 28, 2021 as Exhibit 1 to the Hearing.

Request for Party or Participant Status

5The Tribunal did not receive any requests for Party or Participant status.

Opportunities for Settlement Discussion

6The Tribunal canvassed the Parties as to whether they have engaged in settlement discussions. Both Parties expressed an interest in pursuing settlement discussions prior to the hearing and will advise the Case Co-Ordinator regarding status.

Finalization of a Procedural Order

7The draft Procedural Order("PO") and Issues List was not available at the CMC. Both Parties agreed to work together to finalize the PO and Issues List and provide this to the Case Co-Ordinator on or before July 23, 2021. This is attached as Schedule 1.

8The Appellant stated that he intends to call one land use planning witness and the Municipality stated that they intended to call an external land use planning witness as well as an internal planner.

Hearing Scheduling

9It was agreed by both Parties that three (3) days would be a sufficient time allotment for the hearing.

10Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/444187509

Access code: 444-187-509

11Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access code is 444-187-509

13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal's Case Coordinator having carriage of this case.

ORDER

14The proceedings shall be governed by the Procedural Order attached as Schedule 1.

15The hearing of this matter is scheduled to proceed by video hearing commencing on Wednesday, October 27, 2021 at 10 a.m. for three days.

16This Member is not seized, but may assist with case management, schedules permitting

17No further Notice will be given.

"T. Prevedel"

T. PREVDEL

MEMBER

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.

Case No. PL210067

ONTARIO LAND TRIBUNAL

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Roland Rom Colthoff

Subject: Application to Amend Zoning By-law No B2020-123 – Refusal of Application by the Municipality of Trent Lakes

Existing Designation: Shoreline Residential-Private Access

Proposed Designation: Shoreline Residential-Private Access-95 (SRPA-95)

Purpose: To permit the construction of a second-storey addition to a boathouse

Property Address/Description: 91 Fire Route 79A

Municipality: Municipality of Trent Lakes

Municipality File No.: ZBA 20-02

OLT Case No.: PL210067

OLT File No.: PL210067

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on October 27, 2021 at 10:00 a.m.

3. The Parties' initial estimation for the length of the hearing is about three (3) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The order of evidence is set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent, subject to the Tribunal's approval, or by Order of the Tribunal.

6. The Issues are set out in the Issues List attached as Attachment 4 to this Order. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative's name, address, email address and the phone number.

8. If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

9. Expert witnesses in the same discipline(s) may have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the parties and the Tribunal at least fifteen days prior to the Hearing Date (October 12, 2021) if this meeting takes place and if agreement is reached.

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses, curriculum vitae, and the intended order in which they will be called. This list must be delivered at least 55 days prior to the Hearing Date (September 2, 2021). For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal's Rules and notice of same must be served on the other Parties at least 40 days before the Hearing Date (September 17, 2021).

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing, the acknowledgement of expert's duty and curriculum vitae. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement, but the party calling them must file a brief outline of the expert's evidence. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence.

13. At least 38 days before the hearing date (September 20, 2021) the Parties shall provide copies of their witness and expert statements to the other Parties, the City Clerk, and to the case co-ordinator.

14. At least 38 days before the hearing date (September 20, 2021) Participants shall provide copies of their written Participant Statements to the other Parties, the City Clerk, and to the case co-ordinator.

15. At least 15 days before the hearing (October 12, 2021), the Parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with Rule 10 of the OLT Rules, which requires that the moving party provide copies of the motion to all other parties at least 15 days before the Tribunal hears the motion.

17. The Parties may provide to all other Parties, the City Clerk, and the case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received.

18. The Parties shall cooperate to prepare a joint document book which shall be shared with the case co-ordinator at least 10 days prior to the hearing (October 18, 2021.

19. Any documents which may be used by a party in cross-examination of an opposing party's witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the case co-ordinator, on or before 2 days before the hearing (October 25, 2021).

20. A Party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. At least 10 days before the hearing (October 12, 2021), the Parties shall prepare and file a preliminary hearing plan that identifies, at a minimum: the Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any). The Parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan throughout the Hearing Event.

22. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents email shall be governed by Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal's Video Hearing Guide, dated July 2, 2020, or as may be amended. This Section applies regardless if the hearing event is in-person or electronic.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as otherwise permitted by the Tribunal. The Tribunal's Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member ) Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE

EVENT

September 2, 2021

Exchange of witness lists (names, disciplines and order to be called)

September 17, 2021

Last date to challenge identification of expert witness

September 20, 2021

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

14 days after receiving reply evidence

Exchange of Reply Witness Statements (if any)

October 12, 2021

Agreed Upon Statement of Facts and exchange of Visual Evidence (if any)

October 18, 2021

Joint Document Book and Hearing Plan

October 27, 2021

Hearing commences

Attachment 2 – List of Parties/Participants

PARTIES

1. Roland Rom Colthoff

2. Municipality of Trent Lakes

Attachment 3 – Order of Evidence

1. Roland Rom Colthoff

2. Municipality of Trent Lakes.

3. Roland Rom Colthoff (Reply)

Attachment 4 – Issues List

Municipality of Trent Lakes

1. Is the Zoning By-law Amendment in conformity with the Municipality of Trent Lakes' Official Plan, specifically Section 5.1.10.11?

2. Does the subject proposal conform with the Growth Plan for the Greater Golden Horseshoe policies, specifically Section 4.2.4.1?

3. Does the subject proposal represent good planning?

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