Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 28, 2022
CASE NO(S).: OLT-21-001195
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Branthaven West Oak Inc.
Subject: Application to amend Zoning By-law No. 2014-014 - Refusal or neglect of Town of Oakville to make a decision
Description: To facilitate the development of the subject site with 54 residential townhouse units located on a common element condominium road
Reference Number: Z.1427.13
Property Address: Block 107, Plan 20M696
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-21-001195
OLT File No.: OLT-21-001195
OLT Case Name: Branthaven West Oak Inc. v. Oakville (Town)
Heard: April 20, 2022 by video conference
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Branthaven West Oak Inc. (“Applicant”) | D. Baker* |
| Town of Oakville (“Town”) | J. Huctwith* |
| Edward Kwiatkowski | Self-represented |
| Joan Pinto | Self-represented |
| Nolan Coelho | Self-represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON APRIL 20, 2022 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was held to determine a revised hearing plan given that the Applicant and the Town have reached a settlement on the Applicant’s appeal, but the self-represented Parties, being area residents, continue to have concerns with the proposed development.
2The settlement involves a Zoning By-law Amendment to permit a residential development on Block 107, Plan 20M696, at the corner of Westoak Trails Boulevard and Postmaster Drive in the Town of Oakville.
3The Applicant directed attention to paragraph 9 of the approved Procedural Order which required a list of witnesses to be filed by February 24, 2022, if “even it is the party themself.” No witness lists were received from the unrepresented Parties.
4The unrepresented Parties confirmed that they are calling no witnesses at the hearing but will have cross-examination questions for the Applicant’s witness(es) on matters relating to the five issues (incorrectly numbered but) listed under “Pinto, Coelho and Kwiatkowski” in “Attachment 2: Issues List” in the Procedural Order. The unrepresented Parties have circulated documents to the Parties that they may seek to be marked as Exhibits at the hearing if used in questioning a witness. As is common practice for a fair hearing, all Parties may provide summary closing arguments to the Tribunal as the last stage of the hearing.
5The Town is calling no witnesses. In support of the settlement, the Applicant will call a planning witness and may call a traffic witness. The Applicant will circulate its witness statement(s) two weeks prior to the hearing, which provides ample time for the unrepresented Parties to prepare their questions for the witness(es).
6With consent of the Parties, the first day of the scheduled three-day hearing is released, and the hearing will now begin at 10 a.m. on Thursday, May 26, 2022 for two days with the same connection details as circulated in the last CMC Decision, and repeated below. No further Notice will be given.
7Parties 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/344779885
Access code: 344-779-885
8Parties 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
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: +1 (647) 497-9373. The access code is 344-779-885.
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 Tribunal’s Case Coordinator having carriage of this case.
ORDER
11The Tribunal Orders the directions and rulings outlined above.
“S. Tousaw”
S. tousaw
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.