Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 14, 2022
CASE NO(S).: OLT-21-001573
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant: Michael Finnigan (File No. 001740)
Applicant: Region of Peel
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application for the re-construction of Olde Baseline Road to a 2-lane, semi-rural cross-section from Mississauga Road to Winston Churchill Boulevard
Reference No.: P/T/2020-2021/236
Property Address/Description: Part Lot 34/1, Concession 5 and 6 West Centre Road
Municipality: Town of Caledon
Upper Tier: Region of Peel
OLT Case No.: OLT-21-001573
OLT Case Name: Finnigan v. Ontario (Niagara Escarpment Commission)
Heard: February 2, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Michael Finnigan | Self-represented |
| Niagara Escarpment Commission | K. Hare |
| Regional Municipality of Peel | A. Sanichara |
Memorandum of oral decision DELIVERED BY Hugh s. Wilkins AND J. CAMPBELL ON fEBRUARY 1, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (in its role as the Niagara Escarpment Hearing Office) regarding the appeal brought by Michael Finnigan (“Appellant”) regarding the approval by the Niagara Escarpment Commission of a development permit regarding the proposed re-construction of Olde Baseline Road between Mississauga Road and Winston Churchill Boulevard in the Town of Caledon.
2At the CMC, the Regional Municipality of Peel (“Region”) requested Party status and the Parties discussed the identification of issues to be adjudicated and opportunities for settlement discussions. The Hearing Office directed that a further CMC will be held in March 2022.
Request for Status
3The Region is the applicant for the development permit. Its request for Party status was on consent. The Hearing Office found that the Region has a genuine and direct interest in the proceeding, will be impacted by the Hearing Office’s decision, and will assist the Hearing Office in making its decision. The Hearing Office found that there are reasonable grounds to add the Region as a Party and granted it Party status, as requested.
Identification of Issues
4The Parties discussed the identification of the issues to be adjudicated at a hearing. Based on a draft Issues List filed prior to the CMC, the Parties agreed to work together to narrow and refine the issues and to link them to the relevant policies that can be addressed at a hearing.
Opportunities for Settlement Discussions
5The Parties agreed to engage in settlement discussions, which the Hearing Office encouraged.
Scheduling of a further CMC
6The Hearing Office directed that a further CMC will be held in March 2022 at which a draft Procedural Order and Issues will be finalized, the number and types of witnesses will be determined, and hearing dates will be set. The Hearing Office directs that a revised draft Procedural Order and Issues List be filed with the Hearing Office at least one day prior to the next CMC.
ORDER
7The Hearing Office orders that the Regional Municipality of Peel is a Party in this proceeding.
8The Hearing Office orders that a further CMC will be held by video hearing on March 9, 2022 commencing at 10 a.m.
9Parties 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://meet.goto.com/519389173
Access Code: 519-389-173
10Parties are asked to set up the video hearing 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.
11Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
12Individuals 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 Hearing Office’s Case Coordinator having carriage of this case.
13There will be no further notice.
14This Hearing Officers are not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS HEARING OFFICER
“J. Campbell”
j. campbell HEARING OFFICER
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.