Ralph v. Hastings Highlands (Municipality), 2022 CanLII 101410

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 25, 2022

CASE NO(S).: OLT-22-003939

PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Stanley Ralph

Subject: Zoning By-law

Description: Shoreline Preservation By-law to conform with the natural vegetative buffer policies in the County of Hastings Official Plan as approved in August 2018

Reference Number: By-law 2022-005

Property Address: 683C Parchers Road

Municipality/UT: Hastings Highlands/Hastings

OLT Case No: OLT-22-003939

OLT Lead Case No: OLT-22-003939

OLT Case Name: Ralph v. Hastings Highlands (Municipality)

Heard: October 18, 2022 by video hearing

APPEARANCES:

Parties	Counsel
Stanley Ralph (“Appellant”)	C. Harris
Municipality of Hastings Highlands (the “Municipality”)	A.E. Fleming

MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON OCTOBER 18, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This first Case Management Conference (“CMC”) was held to prepare for a Hearing on the Merits of the Appellant’s appeal to the Tribunal of Zoning By-law No. 2022-005 (referred to as the “Shoreline Preservation By-law”) that was passed by the Municipality of Hastings Highlands (the “Municipality”) to amend its Comprehensive Zoning By-law No. 2004-035.

2The Tribunal entered the Affidavit of Service of John Jardine sworn August 30, 2022 as Exhibit 1 to the CMC and is satisfied that same demonstrates proper notice in these proceedings such that no further notice is required.

PARTY AND PARTICIPANT STATUS

3There were no requests for Party status in these proceedings.

4There were 47 requests for Participant status submitted to the Tribunal in respect of these proceedings by the following persons:

• Peter Doner
• Harold Markle
• James Clelland
• John Kaminski
• Duncan McLean
• Angela Henry
• Craig Gunter
• Randy Vanderklis
• David Kinley
• Grace Newhook
• Deborah and Michael Kavanagh
• Steve Chinn
• Carla Rozell
• Dennis Borin
• Susan Rutherford
• Patricia Trajanovski
• Susan and Shawn Gregory
• Donald Schweig
• Joanne Caven
• Michael Caven
• Cindy Froud-Smith
• Michael Bird
• Stephen Coe
• Karen Brennan
• Ron Sykes
• Cheryl Caven
• George St. Amand
• Daniel Tudor
• Sean Capstick
• Katrina Lam
• Stuart Armstrong
• Michael MacDonald
• Kenneth and Elizabeth McMartin
• Terry Matthews
• Shane Pitts
• Barbara McIntyre
• Bett Pitts
• Dwayne Pitts
• Cory and Heather Briese
• Lorna Matuszek-Burnell
• Alfred Zurowski
• Andrew and Margaret Haden-Pawlowski
• Bradley and Janet Foster
• Len Foster
• Hartmut Heckmann
• Colleen Thomas
• Julia MacDonald

5The statements set out in the requests for Participant status were substantially similar and includes concerns relating to public health and safety, balancing public and private interests, and the adequacy of environmental and other studies in connection with the Shoreline Preservation By-law.

6The Tribunal noted that a hearing of the Appeal will entail consideration of evidence regarding the land use planning issues whether there is one Participant’s written statement or multiple Participants’ statements that contain the same land use planning issues. Be that as it may, the Tribunal is satisfied that the written requests for Participant status address genuine land use planning issues and, on consent of the Parties, the Tribunal grants Participant status in respect of each of the 47 requests. If any or all of the Participants intend to file a written submission at the Hearing then such Participants are encouraged to consider providing a joint written submission in an effort to avoid repetition.

MEDIATION AND SETTLEMENT OPPORTUNITIES

7The parties indicated that no mediation or settlement discussions have taken place to date regarding the Appeal. The parties were encouraged to consider such opportunities which might be useful to narrow, clarify or resolve some or all of the issues of the Appeal. The parties were directed to contact the Tribunal’s Case Co-ordinator in the event that they wish to avail themselves of Tribunal-facilitated mediation.

PROCEDURAL ORDER

8A draft Procedural Order including a draft Issues List was provided to the Tribunal in advance of today’s CMC. With regard to several issues on the draft Issues List, there were considerable submissions regarding the Planning Act framework within which such issues would be considered at a hearing.

9The Tribunal directed the parties to confer in the drafting of a further revised draft Procedural Order that reflects the Planning Act framework, together with a maximum 2 page written submission if desired, and submit same to the Tribunal on or before Thursday, November 17, 2022.

CASE MANAGEMENT CONFERENCE

10A second CMC will be held on Tuesday, November 22, 2022 at 10 a.m. to finalize the Procedural Order in this matter.

HEARING DATES

11The Appellant and the Municipality estimate that eight (8) hearing days will be required for the hearing of the Appeal, indicating that they estimate that one fact witness, (the Appellant) and seven (7) expert witnesses will be called to provide evidence at the hearing of the Appeal, with the expert witnesses providing evidence on land use planning, fire safety/wildfire, surface water and biology matters. The Tribunal concurs with this estimate of hearing days.

12The hearing by video will commence on Tuesday, July 4, 2023 at 10 a.m. for eight (8) days.

13The hearings are scheduled to proceed by video as follows:

Tuesday, November 22, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 638-422-541

Tuesday, July 4, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 719-383-509

14Parties 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.

15Parties 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

16Persons 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.

Individuals 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

17The Tribunal so orders and provides these CMC directives for the purposes of the case management of these appeals.

18The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.

19No further notice will be given.

“D. Arnold”

D. ARNOLD 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.