Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 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: March 9, 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 J. CAMPBELL AND Hugh s. Wilkins ON MARCH 9, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a second 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 (“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 Parties indicated that they were actively involved in settlement discussions and were of the view that a settlement may be reached in the near term, resulting in a withdrawal of the appeal by the Appellant. The Hearing Office directed that a further CMC will be held in late March 2022.
Opportunities for Settlement Discussions
3The Parties agreed to continue to engage in settlement discussions, which the Hearing Office encouraged.
Scheduling of a further CMC
4The Hearing Office directed that a further CMC will be held in late March 2022. The Hearing Office ordered that the Parties report back to the Hearing Office with regard to the status of the settlement discussions by Friday, March 25, 2022, regarding whether:
(i) a settlement has been achieved, and as a consequence of which the appeal will be withdrawn and the further CMC can be cancelled;
(ii) a settlement has been achieved, and as a consequence of which the Parties seek to have the Permit amended and have the further CMC converted into a settlement hearing; or,
(iii) the Parties have failed to reach a settlement and a hearing will be required. In this event, the Hearing Office orders that a draft Procedural Order and Issues List be filed with the Hearing Office at least one day prior to the next CMC.
ORDER
5The Hearing Office orders that a further CMC will be held by video hearing on March 29, 2022, commencing at 10 a.m.
6Parties 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
7Parties 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.
8Persons 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.
9Individuals 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.
10There will be no further notice.
11These Hearing Officers are not seized.
“J. Campbell”
j. campbell
HEARING OFFICER
“Hugh S. Wilkins”
HUGH S. WILKINS
HEARING OFFICER
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.