Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 30, 2022
CASE NO(S).: OLT-21-001676
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Jordan Errington
Subject: By-law No. 38-2021
Municipality: Municipality of Morris-Turnberry
OLT Case No.: OLT-21-001676
OLT Lead Case No.: OLT-21-001676
OLT Case Name: Errington v. Morris-Turnberry (Municipality)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Willem Bakker Properties
Appellant: Jordan Errington
Subject: Consent
Property Address/Description: Plan 410, Park lot 77, PT Patrick Street between Mary Street and Adelaide Street 22R-6316, Part 5
Municipality: County of Huron
Municipal File No.: C53-2021
OLT Case No.: OLT-21-001646
OLT Lead Case No.: OLT-21-001676
Heard: March 22 to 25, 2022 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Municipality of Morris-Turnberry | G. Stewart |
| County of Huron | G. Stewart |
| Willem Bakker Properties (“Applicant”) | J. McKercher |
| Jordan Errington (“Appellant”) | Did not appeared |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON MARCH 25, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal concerns appeals by the Appellant against a rezoning and consents that would result in three new residential lots.
2The Tribunal had set down a three day hearing.
3On the morning of the first day of the hearing (i.e., March 22, 2022), at 9:41 am, the Tribunal’s Case Coordinator received an email from the Appellant stating that he had tested positive for Covid-19 and was enroute to the hospital to be checked out/admitted and that he would not be available for tomorrow’s hearing.
4On March 22, 2022, at the appointed time, counsel for the Municipality of Morris-Turnberry and the County of Huron attended as did the counsel for the Applicant (and their witnesses), but neither the Appellant nor any representative appeared.
5In the absence of the Appellant, the Tribunal adjourned the first day of the hearing, requested the Tribunal’s Case Coordinator to be in contact with the Appellant for a status update or to have a representative attend the virtual hearing, and set the matter over to the second day.
6At the second day of the hearing, there was no response from the Appellant and neither did a representative attend. Again, the Tribunal adjourned the hearing, and requested the Case Coordinator to be in contact with the Appellant, and set the matter over for the third day.
7On the third day, there was no change in status: no response by the Appellant and no representative on his behalf to provide any status update on the Appellant’s medical situation.
DECISION
8The Tribunal in light of the fact that the Appellant appears to be self-represented and having contacted Covid, adjourned the matter, and directed counsel to be in contact with the Case Coordinator for the setting of a new hearing date.
9The Tribunal bearing in mind: that s. 2 of the Ontario Land Tribunal Act mandates a fair, just and expeditious resolution of the merits of the proceedings; that the other parties to the hearing had been in attendance with their witnesses; and in view of the lack of response from the Appellant and the absence of any representative on his behalf to provide a status update, directs that the next hearing shall be peremptory on the Appellant.
10Notice of the new hearing by the Tribunal shall be provided only to the parties that appeared and to the Appellant.
11For the record, the Tribunal entered as Exhibit 1 the Affidavit of Service for this hearing, and as Exhibit 2 the Brief of Documents provided by counsel for the Municipality of Morris-Turnberry and the County of Huron.
12I am not seized of this matter.
13This is the Order of the Tribunal.
“Blair S. Taylor”
Blair s. taylor
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.