Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 08, 2022 CASE NO(S).: OLT-22-002225 (Formerly) PL170962
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Ministry of Municipal Affairs and Housing (MMAH) Applicant: Melvin Duncan Gardner Subject: Consent Property Address/Description: W 1/2 Lot 17 Concession 1 Municipality: Township of South Glengarry Municipal File No.: B-44-17 OLT Case No.: OLT-22-002225 Legacy Case No.: PL170962 OLT Lead Case No.: OLT-22-002225 Legacy Lead Case No.: PL170962 OLT Case Name: MMAH v. South Glengarry (Township)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Ministry of Municipal Affairs and Housing (MMAH) Applicant: Melvin Duncan Gardner Subject: Consent Property Address/Description: W 1/2 Lot 17 Concession 1 Municipality: Township of South Glengarry Municipal File No.: B-45-17 OLT Case No.: OLT-22-002228 Legacy Case No.: PL170963 OLT Lead Case No.: OLT-22-002225 Legacy Lead Case No.: PL170962
Heard: February 25, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Ministry of Municipal Affairs and Housing | I. Shachter |
| United Counties of Stormont, Dundas and Glengarry | J. Moon (in absentia) |
| Charles Sangster | S. Putnam (for T. Fleming) |
| Melvin Gardner | S. Putnam (for T. Fleming) |
| Capital Nancy Bourassa Inc. | M. Gatien (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON FEBRUARY 25, 2022 AND ORDER OF THE TRIBUNAL
1The Ministry of Municipal Affairs and Housing (“MMAH”) appealed to the Ontario Municipal Board, now this Tribunal, the decision of the United Counties of Stormont, Dundas and Glengarry (“County”) approving Consents to create nine residential lots along the St. Lawrence River on Part Lots 16, 17 and 18, Concession 1, in the Township of South Glengarry.
2The County had advised the Tribunal previously that it would not be involved in a contested hearing.
3The Consent applications are pursued by three Parties: Melvin Gardner, Charles Sangster and Capital Nancy Bourassa Inc. (“Applicants”). This third Applicant was not present today or at the last Case Management Conference (“CMC”) and the Parties present do not know whether this Applicant intends to remain involved. The Tribunal directs Capital Nancy Bourassa Inc. to confirm by March 25, 2022, in writing (email) to the Tribunal and all Parties, its involvement in or withdrawal from this case.
4The Applicants seek to create nine residential lots in the vicinity of a Provincially Significant Wetland (“PSW”) known as Bainsville Bay.
5The Parties agree that these Consent applications require the delineation and assessment by a provincially approved biologist of the PSW and associated buffer area in accordance with the Ontario Wetland Evaluation System. This information is necessary to assess the applications’ consistency with the Provincial Policy Statement. Although the study was not completed in 2021 as previously directed by the Tribunal, the Applicants confirm retention of a certified consultant, the need for seasonal study, and an expected completion date of July 15, 2022.
6At the request of MMAH, the Tribunal directs, and the Applicants agree, to confirm in writing the retention of the consultant. The Tribunal further directs that the Applicants submit their PSW study to MMAH by July 15, 2022.
7Given the length of time this case has been open, the Tribunal is unlikely to grant further time extensions for the completion of necessary studies, unless supported by substantial and compelling reasons.
8The Parties request a further CMC approximately six weeks after the completion of the PSW study, during which time, discussions will occur resulting in a potential settlement or an issues list for a contested hearing, to be presented at the CMC.
9The MMAH is directed to contact the Case Coordinator by August 15, 2022 to arrange the scheduling of the next CMC. No further notice will be given, other than the CMC date and connection details to the Parties.
ORDER
10The Tribunal Orders the directions and rulings as set out above.
11This Tribunal Member is not seized but may be consulted through the Case Coordinator for case management purposes.
“S. Tousaw”
S. tousaw
MEMBER
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.