Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 17, 2021 CASE NO(S).: PL190626

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2687734 Ontario Inc. Subject: Consent Property Address/Description: 119 Blair Road Municipality: City of Cambridge Municipal File No.: B15/19 OLT Case No.: PL190626 OLT File No.: PL190626 OLT Case Name: 2687734 Ontario Inc v. Cambridge (City)

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2687734 Ontario Inc. Subject: Minor Variance Variance from By-law No.: 150-85 Property Address/Description: 119 Blair Road Municipality: City of Cambridge Municipal File No.: A43/19 OLT Case No.: PL190626 OLT File No.: PL190627

PROCEEDING COMMENCED UNDER subsection 31(2) of the Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1

Motion By: Brenda Phelan Purpose of Motion: Request for Determination Appellant: 2687734 Ontario Inc. Subject: Directions Property Address/Description: 119 Blair Road Municipality: City of Cambridge OLT Case No.: PL190626 OLT File No.: PL190626 OLT Case Name: 2687734 Ontario Inc v. Cambridge (City)

Heard: September 14, 2021 by video hearing

APPEARANCES:

Parties 2687734 Ontario Inc. (“Applicant”)

Counsel Ira Kagan Kristie Jennings

Parties Brenda and Kevin Phelan and Lorna Blair (“Requestors”)

Counsel In absentia

Parties City of Cambridge (“City”)

Counsel Nicole Auty

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON SEPTEMBER 14, 2021 AND ORDER OF THE TRIBUNAL

BACKGROUND

1This hearing event to consider a motion is before the Tribunal as a result of the directives of the Associate Chair issued by email on March 5, 2021, in response to a Request for Review (“Request”) by the Requestors on February 4, 2021.

2Pursuant to s. 17(2) of the Adjudicative Tribunals Accountability, Governance and Appointments Act, this Panel Member has been delegated by the Executive Chair of the Ontario Land Tribunal to dispose of all aspects of the Request directed to be heard by motion via video hearing.

3The Requestors are property owners neighbouring the Applicant’s subject property in the City. The Applicant’s application for minor variances pursuant to s. 45(12) of the Planning Act was authorized by the Tribunal under its decision issued on November 4, 2020 and corrected on December 22, 2020 (“Decision”) following the hearing on September 30, 2020. An appeal relating to an application for provisional consent was also heard and allowed on that date (collectively the “Appeals”).

4The basis for the Request by the Requestors is their assertion they were not properly notified of the Appellant’s Appeals to the Tribunal, did not receive Notice of the Hearing of the Appeals, and did not receive a copy of the Decision. The Requestors submit that they only learned of the Appeals, hearing and disposition, well after-the-fact. In making their Request, the Requestors made general submissions as to the basis for the Request but did not provide sworn affidavits or other evidence as required to support their Request, which is the minimum prerequisite content required to consider a request to the Tribunal that it review a Decision.

5The possibility that the Requestors were entitled to notice and had not, in fact