Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 05, 2022
CASE NO(S).: OLT-21-001535
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Planning Act
Description: Town of New Tecumseth Comprehensive By-law No. 2021-128
Reference Number: BL 2021-128
Property Address: Town Wide
Municipality/UT: New Tecumseth/Simcoe
OLT Case No: OLT-21-001535
OLT Lead Case No: OLT-21-001535
OLT Case Name: 6324223 Canada Inc. v. New Tecumseth (Twn.)
PROCEEDING COMMENCED UNDER section 34(32) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Request by: Town of New Tecumseth
Request for: An order to bring unappealed portions of zoning by-law into force
Heard: March 16, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Don Jerry, Terry Breedon and Paul Reid (collectively “Appellant 1”) | David Bronskill |
| 6324223 Canada Inc. (“Appellant 2”) | Justin Piersanti |
| Town of New Tecumseth (“Town”) | James J. Feehely |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN AND T.F. NG ON MARCH 16, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Case Management Conference (“CMC”) in respect of an appeal under s. 34(19) of the Planning Act (“Act”) by Appellant 1 and Appellant 2 (together the “Appellants”), regarding the Town’s passing of Zoning By-law No. 2021-128 (“ZBL 2021-128”). The ZBL is a comprehensive zoning by-law update in order to conform to the Towns Official Plan (“OP”), County of Simcoe Official Plan and Provincial legislation.
2The Appellants filed their appeals on October 12, 2021. Appellant 1 filed their appeal for its property located at Lots 24 to 33 Second Street Plan 209 (“subject property 1”) and Appellant 2 for its property located at 689 Victoria Street East (“subject property 2”).
3This Decision addresses a motion brought by the Town dated March 3, 2022 for approval of the unappealed portions of ZBL 2021-128. In addition, the parties have proposed the Appellant 1 and Appellant 2’s cases be heard separately for the sake of efficiency.
4The Tribunal received the Affidavit of Service dated January 31, 2022, confirming that Notice of this CMC was properly given, which has been marked as Exhibit 1.
TOWN’S MOTION
5The Tribunal received a motion from the Town on March 3, 2022 (the “Motion”), which has been marked as Exhibit 2. The Motion seeks an order approving the unappealed portions of ZBL 2021-128 as follows:
a. The Town’s Comprehensive Zoning By-Law No. 2021-128 is hereby deemed to have come into force on the date of its Notice of Passing, being September 20th, 2021 save and except for the appealed portions of the By-Law, being the following:
i. Section 2.31 of the said By-Law entitled “Environmental Protection Overlay; and
ii. The site-specified zoning for the property located at 689 Victoria Street East zoned MC-3 (H6) in Section 5.9.2, being an exception to the Major Commercial Zone.
6Counsel for the Appellants confirmed that they did not oppose the Motion. Mr. Bronskill, representative of Appellant 1, flagged an issue with the Motion, that the Schedule B corresponding to Section 2.31 of the ZBL should also be included as an appealed portion of the ZBL, which Mr. Feehely, Counsel for the Town agreed.
7Mr. Piersanti, counsel for Appellant 2, confirmed that his client did not oppose the Motion.
PHASING OF HEARING
8Mr. Feehely proposed that each of the Appellants are seeking very different site-specific appeals, as a result it would be more efficient to have two shorter hearings, instead of one longer hearing. In addition, phasing of hearings would allow one to settle without extending the other matter before the Tribunal.
9Mr. Bronskill agreed with Mr. Feehely’s proposal, stating that this would allow both Appellants to save resources. Mr. Piersanti agreed with the proposal, and he did not see any overlap between the two appeals.
10As a result, the Tribunal will fix separate hearing days for each group of Appellants when the Appellants are ready for hearing.
MEDIATION AND SETTLEMENT
11The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation. The parties acknowledged they were open to mediation however preferred to do so privately, without involving the Tribunal.
SUBSEQUENT CMC
12The parties requested a subsequent CMC. The Tribunal set the subsequent CMC date for Wednesday, June 29, 2022.
13The Tribunal stressed the importance of ensuring that the further CMC is productive and provided directions in that regard. The Parties are directed to submit a draft Procedural Order and Issues List by March 31, 2022 and be prepared at the next CMC to discuss the anticipated format and length of hearing such that a hearing date may be scheduled.
14This matter will be fixed for the next CMC on Wednesday, June 29, 2022, by video hearing at 10 a.m.
15Parties 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
16Parties 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.
17Persons 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: (647) 497-9373 or (Toll Free): 1-888-299-1889. The access code is 709-076-365.
18Individuals 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 CMC 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.
OTHER MATTERS
19The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
20The Tribunal Orders as follows:
a) The next Case Management Conference is scheduled to proceed by video on Wednesday, June 29, 2022, at 10 a.m.
b) The draft Issues List and the draft Procedural Order shall be delivered to the Tribunal’s Case Coordinator on or before Thursday, March, 31, 2022
c) The parties shall finalize the Procedural Order, the Issues List and all relevant matters for consideration at the next Case Management Conference.
d) When approved, the Procedural Order will additionally govern the proceedings.
e) The time for service of the Notice of Motion and the supporting Affidavit of Derek Abbotts is hereby abridged and deemed to be effective as of March 3, 2022.
f) The Comprehensive Zoning By-law No. 2021-128 of The Corporation of the Town of New Tecumseth is hereby deemed to have come into force on the date of its passing, being September 13, 2021, save and except for the appealed portions of the said By-law, being the following:
(i) Section 2.31 of the said By-Law entitled “Environmental Protection Overlay”, together with that portion of Schedule “B” to the said By-Law which is shown as “Subject to Environmental Protection Overlay”; and
(ii) The site-specific zoning for the property located at 689 Victoria Street East, Alliston, Ontario, zoned MC-3(H6) in Section 5.9.2 of the said By-Law, being an exception to the Major Commercial Zone.
21There will be no further notice.
22The Panel is not seized.
“S. Mann”
S. MANN
MEMBER
“T.F. Ng”
T.F. NG
MEMBER
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.