Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 13, 2022

CASE NO(S).: OLT-22-002392

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: James Hunter and Heather Hunter

Applicant: Timothy and Janette Thorne

Subject: Proposed Official Plan Amendment

Description: To permit limited retail and commercial uses including a outfitters store and an inn

Reference Number: OPA C-2021-017

Property Address: 484 Carlisle Street

Municipality/UT: Saugeen Shores/Bruce

OLT Case No.: OLT-22-002392

OLT Lead Case No.: OLT-22-002392

OLT Case Name: Hunter v. Bruce (County)

Heard: November 28, 2022 by Video Hearing

APPEARANCES:

Parties Counsel/Representative*

James Hunter and Heather Hunter James Hunter* (“Appellants”)

Timothy Thorne and Janette Thorne Timothy Thorne* (“Applicants”)

Town of Saugeen Shores Tammy Grove-McClement (“Town”) Monica Poremba

County of Bruce Tammy Grove-McClement (“County”) Monica Poremba

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 28, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) for the above noted matter.

2James and Heather Hunter (the “Appellants”) who filed an appeal under s. 17(36) of the Planning Act (the “Act”) against the County of Bruce (the “County”) Official Plan Amendment No. C-2021-017. Timothy and Janette Thorne (the “Applicants”) had applied to the County to permit limited retail and commercial uses including an outfitters store and an inn, in an agricultural area.

3At the last CMC, the Town of Saugeen Shores (the “Town”) and the Applicants were granted Party status.

4The Tribunal noted that the Appellants’ counsel, Alexandra Ferrier had discharged herself and ceased to act for the Appellants through the cessation of authorization form. The Appellants confirmed that was indeed the case and will be self-represented going forward.

5There was some discussion on the status of ownership of a portion of Carlisle Street, which the previous panel had decided, at the first CMC, that the Tribunal has no jurisdiction to determine. This Tribunal advised the Appellants to read the decision issued after the first CMC on this issue.

6The Draft Procedural Order and Draft Issues List were filed and counsel for the County/Town, Tammy Grove-McClement, provided a brief status update of the appeal. She reiterated that there will be further discussions with the Appellants with respect to this appeal.

Bill 23 – More Homes Built Faster Act

7The Tribunal determined that in view of Bill 23, which proposed significant changes could affect this appeal proceedings, a CMC date is to be fixed, so that Parties can take the appropriate action upon passing of Bill 23. The Parties were amenable to fixing another CMC date, though Mr. Thorne was not happy that this matter was again delayed further.

DISPOSITION

8The Tribunal will schedule a CMC where Parties will update the Tribunal on the status of discussions and to finalize the Procedural Order.

9The Tribunal reminds the Parties that the Tribunal is a creature of statute and will be bound by legislation. The Bill 23, as tabled in the Legislature, on October 25, 2022, provides that any third party appeal that had not already been scheduled for a hearing on the merits by October 25, 2022, shall be deemed to be dismissed once the Bill comes into effect. However, subsequent to the CMC, on November 28, 2022, Bill 23 was passed with amendments, wherein this appeal will not be so affected.

CASE MANAGEMENT

10The Tribunal has scheduled a one day CMC on Friday, March 10, 2023, at 10 a.m. Parties 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

11Parties 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.

12Persons 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.

13Individuals 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 video hearing 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

14The Tribunal Orders that:

a. a Case Management Conference will commence at 10 a.m. by video hearing on Friday, March 10, 2023; and,

b. Parties are to finalize the Procedural Order at the CMC.

15No further notice will be given.

16The Member is not seized.

“T.F. Ng”

T.F. NG

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.