Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 12, 2022
CASE NO(S).: OLT-21-001757
PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C. 27, as amended
Appellants: Anita Kertzer, Morris Kertzer
Respondent: Rideau Valley Conservation Authority
Subject: Appeal of refusal to grant permission for development
Property Address: 2295 Wildlife Way
Municipality: City of Ottawa
OLT Case No.: OLT-21-001757
OLT Case Name: Kertzer v. Rideau Valley Conservation Authority
Heard: April 8, 2022 by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
Anita Kertzer, Morris Kertzer
Ronald Peterson
Rideau Valley Conservation
Charlotte Watson
Authority (“RVCA”)
MEMORANDUM OF ORAL DECISION DELIVERED BY J. CAMPBELL AND WARREN MORRIS ON APRIL 8, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding the appeal brought by Anita Kertzer and Morris Kertzer (collectively, the “Appellants”) of a decision of the RVCA dated October 26, 2021, denying an application for development at 2294 Wildlife Way, in Kemptville, Ontario.
2There were no new requests for Party or Participant status.
3No draft Procedural Order or Issues List had been submitted in advance of the CMC. The Parties discussed the identification of the issues to be adjudicated at a hearing. The Appellants had identified eight (8) grounds for appeal as set forth in Schedule “A” to their Appeal Form (A1), as follows:
(i) The Respondent failed to consider that the subject lot is part of a registered subdivision and was a registered subdivision prior to the Respondent's authority being established;
(ii) The Respondent considered Respondent policies that were put in place after the original application and hearing date;
(iii) The Respondent failed to consider and/or act in accordance with the purpose of the Conservation Authority Act in reaching its decision;
(iv) The Respondent failed to act reasonably in considering the entire fact pattern that was presented by the Appellant;
(v) The Respondent failed to provide relevant and proper evidence prior to the application being heard and therefore, failed to provide the Appellants the ability to respond to the evidence heard by the Committee;
(vi) The Respondent failed to consider the entire evidentiary record and failed to provide evidentiary support in relation to its conclusions;
(vii) The Respondent failed to provide the Appellants with an unbiased decision maker, contrary to the principles of fundamental justice; and,
(viii) Such further and other reasons as the Applicant may advise and as the Tribunal deems just.
4After discussion, the Parties agreed to strike issues (iv) through (viii), inclusive, as set out above and to work together to narrow and refine the remaining issues within the context of the applicable legislation. They also agreed to work together to prepare a Procedural Order. The Tribunal directed that a Procedural Order and Issues List be filed by the Parties by April 25, 2022. The Parties indicated that settlement discussions would not likely be productive given the issues identified.
5The Parties discussed the number and types of witnesses, and overall length of time required for a hearing. The Tribunal directed that a hearing will be held from September 6 to September 8, 2022.
6A draft Procedural Order and Issues List was received by the Tribunal following the CMC. The Tribunal has determined that a further CMC shall be held in order to review and further refine the draft Procedural Order, in advance of the hearing.
ORDER
7The Tribunal Orders that a further CMC will be held by TCC on Friday, June 10, 2022 commencing at 10 a.m.
8Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 8382912 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9The Tribunal orders that a hearing will be held by video from Tuesday, September 6, 2022 to Thursday, September 8, 2022 commencing at 10 a.m.
10Parties 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/765631861
Access Code: 765-631-861
11Parties 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
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1 (647) 497-9391 or (Toll Free) 1 (888) 455-1389. The access code is as indicated above.
13Individuals 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.
14There will be no further notice.
15These Members are not seized.
“J. Campbell”
J. CAMPBELL
MEMBER
“Warren Morris”
WARREN MORRIS
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.