Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 11, 2022
CASE NO(S).: OLT-21-001574
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: Jean-Paul Babineau (File No. 001741)
Appellant: Virginia Graham (File No. 001742)
Applicant: Bruce Trail Conservancy c/o Adam Brylowski
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct an expansion of an existing parking lot, including placement of gravel on an existing Hemlock Ridge Conservation Corridor
Reference No.: D/L/2021-2022/13
Property Address/Description: 873603 5th Line East
Municipality: Town of Mono
Upper Tier: County of Dufferin
OLT Case No.: OLT-21-001574
OLT Case Name: Babineau v. Ontario (Niagara Escarpment Commission)
Heard: February 17, 2022 by video hearing
APPEARANCES:
Parties
Representative
Niagara Escarpment Commission
J. Skinner
Bruce Trail Conservancy
A. Brylowski
DECISION DELIVERED BY HUGH S. WILKINS AND J. CAMPBELL AND ORDER OF THE TRIBUNAL
1This Decision arises from the second Case Management Conference (“CMC”) for the appeals brought by Jean-Paul Babineau and Virginia Graham (together “Appellants”) regarding the approval by the Niagara Escarpment Commission (“NEC”) of a development permit to construct or expand a parking area at 873603 5th Line East in the Town of Mono.
2At the first CMC in this proceeding, held on February 1, 2022, neither of the Appellants attended. During the CMC, the Hearing Office’s Case Coordinator contacted Ms. Graham who informed the Case Coordinator that she would not be attending. Subsequent to the CMC, Mr. Babineau informed the Hearing Office that he experienced technical issues and was unable to join the call. The Hearing Office subsequently directed that a further CMC would be held on February 17, 2022 and stated that if a Party failed to attend that CMC, the Hearing Office may proceed without that Party and the proceeding may be disposed of in their absence.
3At the second CMC, held on February 17, 2022, again neither of the Appellants attended. The Hearing Office converted the CMC into a hearing and heard evidence and submissions from the NEC and the Bruce Trail Conservancy on the merits of the appeals.
4Subsequent to the CMC, Mr. Babineau informed the Hearing Office that he had an emergency at work that prevented him from attending.
5On February 25, 2022, the Hearing Office solicited submissions from the Parties on the possibility of the Tribunal setting a one-day hearing on a pre-emptory basis to provide the Appellants with an opportunity to call evidence and make submissions on the merits of the appeals. None of the Parties objected to this course of action.
6In order to ensure a fair and complete hearing, the Tribunal directs that a one-day hearing will be held on May 30, 2022 commencing at 10 a.m. to provide each of the Parties with an opportunity to call evidence and make submissions on the merits of the appeals. The hearing is set on a pre-emptory basis.
7Parties 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/660145013
Access Code: 660-145-013
8Parties 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.
9Persons 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.
10Individuals 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.
11There will be no further notice.
12These Hearing Officers are 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.