Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2021
CASE NO(S).: PL210232
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Shawn Leasa
Subject: By-law No. BL 33-2021
Municipality: City of Stratford
OLT Case No.: PL210232
OLT File No.: PL210232
OLT Case Name: Leasa v. Stratford (City)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Shawn Leasa
Subject: Proposed Plan of Subdivision
Property Address/Description: 236 Britannia Street
Municipality: City of Stratford
Municipal File No.: 31T19-001
OLT Case No.: PL210232
OLT File No.: PL210245
Heard: August 11, 2021 by video hearing
APPEARANCES:
Parties
Counsel
City of Stratford
Paula Lombardi
Werner Bromberg Ltd.
Marc Kemerer
Shawn Leasa
Denisa Mertiri David Donnelly (in absentia) Justine Reyes (student-at-law)
MEMORANDUM OF ORAL DECISION DELIVERED BY R.G.M. MAKUCH AND C. HARDY ON AUGUST 11, 2021 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) respecting appeals by Shawn Leasa (“Appellant”) against the enactment of Zoning By-law Amendment No. 33-2021 (“ZBLA 33-2021”) and approval of draft plan of subdivision for the lands known municipally as 236 Britannia Street (“subject lands”) in the City of Stratford (“City”).
2Werner Bromberg Ltd. (“Applicant”) had applied for a Zoning By-law Amendment and approval of a plan of subdivision to permit the development of residential housing on the subject lands. City Council enacted ZBLA 33-2021 and gave draft plan of subdivision approval.
3These approvals were appealed by the Appellant, a local resident, on the grounds that ZBLA 33-2021 does not follow s. 4.5.4.7 Special Policy 16 of the City’s official plan (“OP”).
4There were no other requests for party or participant status.
5Subsequent to the CMC, the Tribunal was advised that the Appellant and his neighbours have been incorporated as the Briarhill Residents Association of Stratford Inc. (“Association”). The Appellant has requested that the Association be substituted for the Appellant to carry out the appeal. The Tribunal confirms that this request will be dealt with at the start of the hearing on the merits of this matter.
6The parties submitted a draft Procedural Order (“PO”) and two Issues Lists. Counsel for the City and the Applicant advised the Tribunal they disagreed with the extent of the issues raised by the Appellant. Counsel requested a period of two weeks to try to resolve their differences and were directed to submit a PO to the Tribunal not later than August 25, 2021.
7Counsel were directed to frame their discussions based on the limited language used in the Notice of Appeal, which states as follows:
“Zoning by-law 33-2021, Z09-19 does not follow s. 4.5.4.7 Special Policy Area 16 from the Official Plan, Page 42.”
8On August 26, 2021 the Tribunal received the PO and Issues List with counsel indicating that there was no agreement as to the Issues List. Counsel were directed to provide their submissions on the contested issues in writing.
9The Tribunal has reviewed the submissions and approves Attachment 1 hereto, which will govern this proceeding.
10Following a review of the submissions of all counsel, the Tribunal finds that the Appellant limited his appeal to the narrow issue set out above. Allowing the Appellant to raise new issues that were not contained in the original Appeal submitted by the Appellant would be tantamount to extending the appeal period.
11The parties requested that the Tribunal fix a hearing date for three days. Accordingly, the hearing of this appeal will be fixed for a three-day period starting at 10 a.m. on Tuesday, October 26, 2021 by Video Conference Call, as follows:
12Parties 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/692761501
Access code: 692-761-501
13Parties 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
14Persons 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: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 692-761-501.
15Individuals 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.
16The Panel Members are not seized.
17There will not be any further notice.
18It is so ordered.
“R.G.M. Makuch”
R.G.M. MAKUCH
VICE-CHAIR
“C. Hardy”
C. HARDY
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.
ISSUE DATE: CASE NO(S).: PL210232
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended:
Appellant: Shawn Leasa
Subject: By-law No. BL 33-2021
Property Address: 236 Britannia Street
Municipality: City of Stratford
Municipal File No.: Z09-19
OLT Case No.: PL210232
OLT File No.: PL210232
OLT Case Name: Leasa v. Stratford (City)
PROCEDURAL ORDER
- 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
The three (3) day video hearing will begin on October 26, 2021, at 10:00 a.m. in accordance with the connection coordinates set out in the Tribunal’s Decision.
The parties’ initial estimation for the length of the hearing is 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 parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. 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.
The order of evidence shall be as 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 the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
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.
Requirements Before the Hearing
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 and the order in which they will be called. This list must be delivered on or before September 1, 2021 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before September 13, 2021 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before September 15, 2021.
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. Copies of this must be provided as in paragraph 13 below. 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.
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 as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before September 18, 2021, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before September 18, 2021, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before October 4, 2021, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 16, 2021.
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 OLT case co-ordinator, on or before October 22, 2021.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 16, 2021 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. 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 at any time in the course of the hearing.
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 by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. 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
PARTIES AND PARTICIPANTS
The Corporation of the City of Stratford
Werner Bromberg Limited
Shawn Leasa
ATTACHMENT 2
ISSUES LIST
- Does the proposed development conform to policy 4.5.4.7, Special Policy Area 16 as set out in the City of Stratford’s Official Plan?
a. Does the minimum net density conform with policy 4.5.4.7?
b. Is the form, massing and appearance of the proposed development consistent with the character of the adjacent buildings?
c. Is the public road access provided to the City of Stratford’s Rotary Complex?
d. Does the form, massing and appearance of the proposed development provide an appropriate streetscape, particularly with respect to the proposed 3 metre front yard setbacks?
e. Does the proposed Zoning By-law Amendment appropriately regulate matters of built form including height, density, massing, scale, setbacks, lot coverage and landscaping having regard for the site, adjacent property, and the character of the surrounding lands?
f. Does the proposed development maintain and enhance the established character of the area?
ATTACHMENT 3
Order of Evidence
City of Stratford (overview / context only)
Shawn Leasa
City of Stratford
Werner Bromberg Limited