Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 2022
CASE NO(S).: OLT-22-002146 (Formally PL100931)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Joao DaSilva
Subject: Halton Hills Official Plan Amendment No. 7, Georgetown GO Station Area Secondary Plan
Municipality: Town of Halton Hills
OLT Case No.: OLT-22-002146 (formerly known as OLT Case No. PL100931)
OLT File No.: OLT-21-001805
OLT Case Name: DaSilva v. Halton (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Joao DaSilva
Subject: By-law No. 2010-0050
Municipality: Town of Halton Hills
LPAT Case No.: PL100931
LPAT File No.: PL100931
LPAT Case Name: DaSilva v. Halton Hills (Town)
Heard: March 11, 2022 by Telephone Conference Call
APPEARANCES:
Parties
Counsel
Joao DaSilva (“Appellant”)
Thomas Arnold
Town of Halton Hills (“Town”)
Al Burton
Regional Municipality of Halton (“Region”)
Brittany Maione
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON MARCH 11, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This Decision and Order issues following this seventh Case Management Conference (“CMC”) which was scheduled and directed by the Tribunal in the Decision issued on August 19, 2021. This hearing event was also the first CMC conducted for the additional and related Appeal of Halton Hills Official Plan Amendment No. 7 (“OPA 7”) recently received and administered by the Tribunal.
2The additional site-specific appeal of OPA 7 was expected to be before the Tribunal by the time the scheduled hearing of the Appeal of By-law No. 2010-0050 under s. 34(19) of the Planning Act would proceed and the additional appeal was anticipated and addressed by the Tribunal at the last CMC conducted in that file. The Parties had organized themselves, provided a Hearing Plan for the scheduled hearing, and estimated the time required, fully anticipating that this additional appeal would be consolidated with the zoning by-law appeal.
3No requests for status were received by the Tribunal for the new appeal of OPA 7 at this CMC. The expectation is that the written submissions Participants will apply to the consolidated proceedings.
CONSOLIDATION
4The Tribunal confirms that the appeal of By-law No. 2010-0050 (OLT-22-002146) and the appeal of OPA 7 (OLT-21-001805) are hereby consolidated, and Rule 16.2 shall apply with respect to the hearing of these consolidated proceedings.
HEARING PLAN
5In accordance with the prior directives the Tribunal received a draft of the proposed Hearing Plan. The final form of the Hearing Plan will be provided for the review of the presiding Panel for the hearing.
6The Tribunal had no comments in regard to the Hearing Plan save and except with respect to the considerable time allocated for the Participant Statements on the last day of the hearing. The Parties were advised that the planned time for the Participants statements of two and a half hours could be wholly eliminated from the Hearing Plan and were reminded that the Tribunal could only receive and consider the written Participant Statements in accordance with s. 17 of the Ontario Land Tribunal Act, 2021. Counsel for the Town was requested to ensure that any Participant inquiring about the hearing was reminded of the statutory limitation on the participation of non-parties to a proceeding in order to ensure that their expectations as to the nature of their participation was understood.
HEARING COORDINATES
7The GoToMeeting connection coordinates had not been provided for the previously scheduled hearing to commence at 10 a.m. on Tuesday May 3, 2022 for 4 days.
8Parties 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/870866621
Access code: 870-866-621
9Parties 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
10Persons 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: +1 (647) 497-9391. The access code is 870-866-621.
11Individuals 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 Tribunal’s Case Coordinator having carriage of this case.
12The Member is not seized and there will be no