Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 27, 2022
CASE NO(S).: OLT-22-002322
PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant: Frank Wendorf
Respondent: Nickel District Conservation Authority
Subject: Appeal of refusal to grant permission for development
Property Address: 0 Cook Street, Coniston, Township of Neelon
Municipality: City of Sudbury
OLT Case No.: OLT-22-002322
OLT Case Name: Wendorf v. Nickel District Conservation Authority
Heard: April 20, 2022 by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel/Representative*
Frank Wendorf
Self-represented
Nickel District Conservation Authority
Daniel Sirios*
MEMORANDUM OF ORAL DECISION DELIVERED BY J. CAMPBELL AND STEVEN COOKE ON APRIL 20, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal concerning the appeal brought by Frank Wendorf (the “Appellant”) regarding the rejection by Nickel District Conservation Authority (“NDCA”) of an application for the construction of a detached dwelling and associated detached garage at the property located at 0 Cook Street, Coniston, Ontario.
2At the CMC, the Parties discussed the identification of issues to be adjudicated at a hearing and opportunities for settlement discussions. No draft Procedural Order or Issues List had been submitted in advance of the CMC. The Parties indicated that they would require a period of six to eight weeks in order to have sufficient time to generate a draft Procedural Order and Issues List. Accordingly, the Parties requested that a further CMC be scheduled for June, 2022, and agreed to work together to narrow and refine the issues and to submit a draft Procedural Order and Issues List prior to the further CMC.
3The Parties indicated that due to the nature of the matters in dispute, there was not likely any opportunity for settlement between the Parties.
4The Tribunal directed that a further CMC will be held on Thursday, June 30, 2022, and that a draft Procedural Order and Issues List be filed with the Tribunal’s Case Coordinator at least one day prior to the next CMC.
ORDER
5The Tribunal orders that a CMC will be held by Telephone Conference Call on Thursday, June 30, 2022 commencing at 10 a.m.
6Parties 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 4779874 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.
7There will be no further notice.
8These Members are not seized.
“J. Campbell”
J. CAMPBELL
MEMBER
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.