Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 17, 2022
CASE NO(S).: OLT-21-001264
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Jason Raymond Pavy Respondent: Quinte Conservation Subject: Appeal of refusal to grant permission for development Property Address: 612 Hiscock Shores Road Municipality: Prince Edward County OLT Case No.: OLT-21-001264 OLT Case Name: Pavy v. Quinte Conservation
Heard: January 13, 2022 by Telephone Conference Call
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Jason Raymond Pavy | Richard Butler and Madiha Vallani |
| Quinte Conservation | Paul McCoy* |
MEMORANDUM OF ORAL DECISION DELIVERED BY R.G.M. MAKUCH ON JANUARY 13, 2022 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) respecting an appeal by Jason Raymond Pavy pursuant to s. 28(15) of the Conservation Authorities Act against a refusal by Quinte Conservation to grant permission to construct a new dwelling and install a holding tank on the property known municipally as 612 Hiscock Shores Road, in Ameliasburgh Ward, in the Municipality of Prince Edward County.
2The parties advise that they are prepared to go to a hearing and are working out the details for the exchange of documents prior to the hearing.
3The parties have now agreed to a timeline to exchange documentation:
- February 22, 2022: Mr. Pavy will file all documents that Counsel intends to rely on at the hearing, excluding Mr. Pavy’s consultant’s updated EIS Report;
- March 8, 2022: Quinte Conservation files all documents, which Quinte Conservation’s Representative intends to rely on at the hearing, including documentation supporting the increased 100 year flood elevation;
- March 31, 2022: Mr. Pavy will file the consultant’s updated EIS Report; and,
- May 16, 2022: Quinte Conservation files any written response to the updated EIS Report.
4The hearing is scheduled on Monday, May 30, 2022 for one day by video.
5Parties 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/709076365
Access code: 709-076-365
6Parties 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
7Persons 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: +1 (647) 497-9373 or 1(888) 299-1889. The access code is 709-076-365.
8Individuals 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.
9There will not be any further notice.
10I am not seized.
11It is so ordered.
“R.G.M. Makuch”
R.G.M. Makuch VICE-CHAIR
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.