Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 25, 2022
CASE NO.: 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: Zoning 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)
BEFORE:
D. ARNOLD
Friday, the 25th
MEMBER
day of November, 2022
THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on July 4, 2023.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
ATTACHMENT “A”
Ontario Land Tribunal Ontario Land Tribunal
655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349
Toll free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunaux de l’aménagement du territoire Ontario Tribunal d’appel de l’aménagement local
655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349
Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca
ISSUE DATE: November 25, 2022 CASE NO(S).: OLT-22-003939
PROCEEDING COMMENCED UNDER subsection 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: Zoning By-law 2022-005
Property Address: 683C Parchers Road
Municipality: Hasting Highlands/Hastings
OLT Case No: OLT-22-003939
OLT Case No: OLT-22-003939
OLT Case Name: Ralph v. Hastings Highlands (Municipality)
- 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 hearing will begin on July 4, 2023, at 10:00 a.m., at:
The parties’ initial estimation for the length of the hearing is 8 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 2.
The issues are set out in the Issues List attached as Attachment 3. 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 4 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 April 5, 2023 and in accordance with paragraph 19 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 May 25, 2023 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 June 5, 2023.
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 May 5, 2023, 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 May 5, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 19 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 May 30, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before June 23, 2023, 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 fifteen (15) 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 June 23, 2023.
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 June 27, 2023 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 Tribunal’s 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 - SUMMARY OF DATES
Date
Event
90 Days Before Hearing April 5, 2023
Exchange of Witness Lists and CVs
60 Days Before Hearing May 5, 2023
Exchange of Witness Statements/Expert Reports
Participant Statements Due
45 Days Before Hearing May 20, 2023
Reply Witness Statements Due
40 Days Before Hearing May 25, 2023
Meeting of Expert Witnesses
35 Days Before Hearing May 30, 2023
Parties to Confirm if all Hearing Dates Required
30 Days Before Hearing June 5, 2023
Agreed Statement of Facts and Issues Due
10 Days Before Hearing June 23, 2023
Joint Document Book Due
Copies of Visual Evidence Due
7 Days Before Hearing June 27, 2023
Preliminary Hearing Plan Due
ATTACHMENT 2 - PARTIES AND PARTICIPANTS
PARTIES
Party Name
Contact Information
Appellant – Stanley Ford Ralph Counsel – Conner Harris / Sarah Spitz
Rayman Harris LLP 250 The Esplanade – Suite 202 Toronto, ON M5A 1J2 Tel: (416) 597-5422 / (416) 306-8705 E-mail: conner@rbllp.com / sarah@rbllp.com
Municipality of Hastings Highlands Counsel – Tony Fleming / Spencer Putnam
Cunningham, Swan, Carty, Little & Bonham LLP Suite 300, 27 Princess Street Kingston, ON K7L 1A3 Tel: (613)-544-0211 ext. 8096 / (613)-546-8098 E-mail: tfleming@cswan.com / sputnam@cswan.com
PARTICIPANTS
Name
Contact Information
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
ATTACHMENT 3 - ISSUES LIST
Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
Is By-Law No. 2022-005 (the “ZBLA”) consistent with the 2020 Provincial Policy Statement, and in particular policies 2.2.1 and 2.2.2?
Does the ZBLA conform to the County of Hastings Official Plan, including but not limited to policies:
Fish Habitat:
4.2.4.1
4.2.4.4
Erosion Hazards:
- 4.4.2
EP – Permitted Uses:
- 4.5.2.6
EP-W:
- 4.5.4.10
Servicing Policies:
- 5.4.4.2
Waterfront Policies:
5.4.5.3
5.4.5.7
5.4.5.8
5.4.5.9
Tent and Trailer Parks:
- 5.6.4.2
Land Acquisition
- 7.11
Was the ZBLA developed with appropriate regard to matters of provincial interest, including but not limited to: fire safety impacts; health and safety impacts; and environmental study of lake water quality, as set out in subsections 2(a), 2(h) and 2(o) of the Planning Act, RSO 1990, c. P.13?
Is the ZBLA good planning and is it in the public interest?
Does the ZBLA strike an appropriate balance between the public interest, including in matters of environmental protection, and the interests of private landowners, as required by subsection 2(n) of the Planning Act, RSO 1990, c. P.13
ATTACHMENT 4 - ORDER OF EVIDENCE
Appellant
Municipality
Appellant Reply, if Any