No Place for a Quarry Inc. v. Hastings (County), 2021 CanLII 83262

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 03, 2021

CASE NO(S).: PL190595

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: No Place for a Quarry Inc.

Subject: Proposed Official Plan Amendment No. OPA 18

Municipality: Upper Tier of Hastings

OLT Case No.: PL190595

OLT File No.: PL190595

OLT Case Name: No Place for a Quarry Inc. v. Hastings (County)

PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended

Referred by: Sharon Rew

Objector: Rob & Nancy Clements

Objector: Alysha Dominico

Objector: Tammy Florent

Objector: Michael & Suzan Freeman; and others

Applicant: Freymond Lumber Ltd.

Subject: Application for a Class A licence for the removal of aggregate

Property Address/Description: Part of Lots 51 and 52

Municipality: Township of Faraday

OLT Case No.: PL190595

OLT File No.: MM190020

Heard: September 1, 2021 by video hearing ("VH")

APPEARANCES:

Parties	Counsel
No Place for a Quarry Inc., Alysha Dominico, and James Cunningham	Eric Gillespie, Yasmeen Peer and Kristian Ferreira (articling student)
Freymond Lumber Ltd.	John Buhlman and Chantal de Sereville
County of Hastings	Darrell Mast

Objectors	Counsel
Michael Freeman	Self-represented
Peter Wagner	Self-represented
Mary Mackie and David Mackie	Self-represented

DECISION DELIVERED BY WILLIAM R. MIDDLETON AND ORDER OF THE TRIBUNAL

1Freymond Lumber Ltd. ("Freymond" or the "Applicant") applied for a Class A licence under the Aggregate Resources Act ("ARA") for the removal of aggregate at the lands located at Part of Lots 51 and 52 ("Subject Lands") in the Township of Faraday. As listed in Attachment 1 to this Order and Decision, many individuals (the "Objectors") objected to the application and the Ministry of Natural Resources and Forestry referred the application to the Tribunal for a hearing under s. 11(5) of the ARA.

2The Applicant also applied for an official plan amendment ("OPA"). The County of Hastings ("County") approved the application and No Place for a Quarry Inc. (the "Appellant") appealed the County's decision to the Tribunal under s. 17(36) of the Planning Act.

3This is the fifth Case Management Conference ("CMC") in these proceedings, held by VH on September 1, 2021.

4At the first CMC on October 27, 2020, the Tribunal scheduled a hearing to commence on September 20, 2021. At the second CMC on February 5, 2021, the Tribunal directed that, although the proceedings will to be heard together, each matter is to be separately determined on the merits. At the third CMC on March 25, 2021, the Parties expressed an interest in Tribunal-assisted mediation and following the CMC, the Tribunal received, reviewed and approved a revised Issues List and Procedural Order ("PO") which will govern this case. The last CMC held on May 18, 2021 was scheduled for the Parties to provide the Tribunal with a status update with respect to mediation and to address any outstanding procedural issues.

5Today's CMC was scheduled for the Parties to provide the Tribunal with a further status update with respect to mediation, settlement and to address any outstanding procedural issues related to the hearing of this case, now set to commence on September 20, 2021 for a scheduled 36 days.

6Counsel for Freymond, the County and the Appellant agreed that there were three issues to be dealt with at this VH:

(a) the narrowing of the Issues List set out in the PO;

(b) the hearing plan for this case; and

(c) the role of the Objectors at the hearing.

7After some discussion, counsel for Freymond, the County and the Appellant agree that the order of evidence set out in the PO should not change at this time. Counsel may make submissions to the Tribunal at the outset of the hearing on September 20th in the event that circumstances change. None of the Objectors present at the VH made any submissions on this issue. Thus, no Order is required to amend the PO in this respect.

8Counsel for the Appellant, Freymond and the County also indicated that pursuant to ongoing discussions, they expected to forward to the Tribunal by September 3rd or very shortly afterward an agreed draft hearing plan. To the extent that there are any areas of disagreement, those should be identified for discussion with the Tribunal on September 20th. All counsel agreed that the Tribunal will not conduct the hearing on October 4th due to a scheduling conflict for a Ontario Divisional Court matter that Mr. Gillespie must attend on that date. No Objectors raised any concern about this.

9It was noted that September 20th is now the date of the Federal election. If due to this any Parties or Objectors wish to abbreviate the hearing on that date, submissions should be made to the Tribunal at the outset of the hearing.

10In terms of the Issues List, Mr. Gillespie for the Appellant advised that due to a successful mediation and settlement, Issues 17, 18 and 19 set out in the PO have been resolved and that the Appellant will not be calling any evidence pertaining to those three issues. Moreover, Mr. Gillespie's clients Alysha Dominico and James Cunningham have now withdrawn as Objectors. Counsel for the County, Mr. Mast, acknowledged Mr. Gillespie's submissions but remains undecided as to whether his client will still need to lead such evidence at the hearing. Therefore, again no Order is required to amend the PO in this respect.

11Submissions were made by all counsel in attendance concerning the need to better define the role of the Objectors at the upcoming hearing. Mr. Buhlman for Freymond noted that of the 'original' identified Objectors as appended in Attachment 1, only 21 remain due to five withdrawals. Of those 21, only 15 have filed witness statements. Only a handful of Objectors attended the VH, perhaps due to late notice of this CMC or other reasons. Two individuals, Peter Wagner and Susan Zielinski indicated that they will not make a presentation at the hearing. On the other hand, Mary Mackie, David Mackie and Michael Freeman advised that they will each make submissions lasting approximately 30 minutes.

12No Parties sought to limit the participation rights of any Objectors and counsel for Freymond, the County and the Appellant are content to leave that matter for possible consideration by the Tribunal at the hearing of this matter. Once again, no Order is required in this regard.

13As a final note, the Appellant's counsel indicated that it is possible that a court reporter will be retained to transcribe the hearing proceedings in accordance with the Tribunal's Rules of Practice and Procedure. If that is the case, the Tribunal will be advised in due course and the Parties will make the required arrangements.

ORDER

14The Parties shall deliver a hearing plan to the Tribunal by no later than September 8, 2021. Any aspects of disagreement shall be noted within the Hearing Plan.

15In light of all of the findings made above in this Decision, it is unnecessary for the Tribunal to make any further Orders arising from the CMC and none were requested by the Parties. As noted in paragraphs [7], [8], [9], [10] and [12] above, the Tribunal Members presiding at the hearing commencing on September 20, 2021 will be in a position to consider any further outstanding matters at that time.

"William R. Middleton"

WILLIAM R. MIDDLETON

MEMBER

Ontario Land Tribunal

Website: www.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.

PL190595 – Attachment 1

List of Objectors

1. Adrianne Schutt
2. Steve Gaebel
3. Grayson LeCoure
4. Kim Duncan-LeCoure
5. Kathy McCabe
6. Maxwell McCabe-Lokos
7. Elliot McCabe-Lokos
8. Nik McCabe-Lokos
9. Rod Yorke
10. Linda Yorke
11. Malcolm Lund
12. Alysha Dominico
13. Andrew Norrie
14. William O'Keefe
15. Daisy McCabe-Lokos
16. Julian Scott
17. Doris Gaebel
18. Raymond MacDougall
19. Chuck Potter
20. Sara Lang
21. Kenneth Lang
22. Michael Freeman
23. Suzan Freeman
24. Peter Wagner
25. Tammy Florent
26. Susan Zielinski
27. Lin Timbers
28. Rob Clements
29. Nancy Clements
30. Mary Mackie
31. David Mackie