Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 09, 2022
CASE NO(S).: OLT-22-002075
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Sarah Curtosi
Subject: Zoning By-law
Description: Municipally initiated ZBLA to establish regulations on Cannabis Cultivation and Cannabis Production Facilities
Reference Number: BL 21-78
Property Address: Town Wide
Municipality/UT: Clearview/Simcoe
OLT Case No.: OLT-22-002075
OLT Lead Case No.: OLT-22-002075
OLT Case Name: Curtosi v. Clearview (Township)
Heard: June 6, 2022 by video hearing (“VH”)
APPEARANCES:
Parties Counsel
Township of Clearview (“Township”) H. Elston
Sarah Curtosi (“Appellant”) R. Kehar
Joan Eakin K. Stavrakos
Christopher Hoffman K. Stavrakos
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JUNE 6, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) with regard to the Appellant’s appeal against the Township Zoning By-law No. 21-78 dealing with Cannabis Cultivation and Cannabis Production Facilities.
2At the CMC, the Tribunal heard two requests for party status, two requests for participant status, and a status update from the parties.
3For the reasons set out below, the Tribunal granted the requested party status, granted the requested participant status, set a second CMC date for Friday, August 5, 2022, and gave directions with regard to the preparation of a draft Procedural Order and Issues List.
DECISION
4The Tribunal heard two requests for party status based on filed requests in Exhibit 2 (Joan Eakin) and Exhibit 3 (Christopher Hoffmann) for whom a written submission had been made to Township Council concerning this matter.
5With no objections from any party, the Tribunal granted the requested party status.
6There were also two requests for participant status. The first from Ilya Strashun/2654776 Ontario Inc. (Exhibit 4) and from Cheri Mara/12904527 Canada Inc. There were no objections to the requested participant status, but as both persons and incorporated bodies have status before the Tribunal, the Tribunal inquired as to which entity would actually be the participant? In both cases, it was the corporate entity.
7Thus the Tribunal granted participant status to 2654776 Ontario Inc. and to 12904527 Canada Inc.
8The Tribunal then heard a status update from the parties.
9In response to the Tribunal’s inquiry with regard to alternative dispute resolution and mediation, counsel seemed amenable to the prospect, but had no instructions.
10As no draft Procedural Order and Issues List had been prepared, the Tribunal set down a second CMC for Friday, August 5, 2022, commencing at 10 a.m. by VH.
11Parties 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/442599157
Access Code: 442-599-157
12Parties 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.
13Persons 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: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
14Individuals 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 video hearing 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.
15There will be no further notice.
16I am not seized.
17Additionally, the Tribunal provided these directions:
a. If the parties wish to seek Tribunal-led mediation, they should be in contact with the Mediation Coordinator at the Tribunal and copy the Case Coordinator;
b. If the parties were to seek such Tribunal-led mediation and if the parties wished to include the participants, I may be spoken to;
c. For the second CMC, the Tribunal directs that counsel for the Appellant shall provide her issues to counsel for the Township on or before July 8, 2022;
d. The Tribunal tasks counsel for the Township to draft the Procedural Order, which shall include the following provisions:
i. The mandatory meeting of all like experts and the preparation of an agreed statement of fact; and
ii. The provision of all hearing related materials in both electronic and hard copy, which shall be provided to the Tribunal at least one week prior to the hearing;
e. And the draft Procedural Order with consent of all the parties, shall be provided to the Case Coordinator on or before July 22, 2022.
18This is the Order of the Tribunal.
19Scheduling permitting, I may be available for case management purposes.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
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.