Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 09, 2022
CASE NO(S).:
OLT-22-002400
PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant:
Forest City Pool & Patio Inc.
Respondent:
Upper Thames River Conservation Authority
Subject:
Appeal of refusal to grant permission for development
Property Address:
1326 Sprucedale Avenue
Municipality:
City of London
OLT Case No.:
OLT 22-002400
OLT Case Name:
Forest City Pool & Patio Inc. v. Upper Thames River Conservation Authority
Heard:
May 17, 2022 by telephone conference call
APPEARANCES:
Parties
Counsel*/Representative
Forest City Pool & Patio Inc. (“Forest”)
Markus Brunner
Upper Thames River Conservation
David Swift*
Authority (“UTRCA”)
Brent Verscheure
Jenna Allain
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS AND J. CAMPBELL ON MAY 17, 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 Forest of a decision of the UTRCA dated December 23, 2021, refusing an application for permission to construct a pool cabana/accessory structure at 1326 Sprucedale Avenue in London, Ontario.
2Both prior to and at the CMC, there were no new requests for either party or participant status. As such, the sole parties are the Appellant (Applicant) Forest, and the Respondent UTRCA.
3No draft Procedural Order nor Issues List was filed with the Tribunal in advance of the CMC.
4At the CMC, there was discussion about the context and nature and of the proposed project. At the request of the Tribunal, the parties attempted to define the issue to be decided upon at a hearing. The parties indicated that they were confident they could meet with each other and craft a joint issues list. The parties also indicated their willingness to draft and file a procedural order.
5With respect to the possibility of settlement, Mr. Brunner stated that he looked forward to meeting with the UTRCA and was open to making amendments to the design of the project in an effort to reach a negotiated settlement. Mr. Swift agreed to meet with Mr. Brunner but was somewhat less optimistic of the prospect of a negotiated settlement. Mr. Swift indicated that it was UTRCA’s position that a hearing should be scheduled, and a procedural order should be made to ensure the matter moves forward in the event that a settlement is not reached. Mr. Brunner stated that if a negotiated settlement could not be reached, Forest would be retaining legal counsel and that he would be transferring carriage of the matter to the legal counsel. Mr. Brunner also indicated that even if the UTRCA promptly granted permission to proceed with the project, the construction would not take place until 2023.
6With respect to witnesses and expert reports, Mr. Brunner stated that it was his intention to rely on existing expert reports, but also may consider retaining a soil engineer expert. Mr. Swift stated that UTRCA was likely rely on an in-house geotechnical expert as its primary witness. Both parties indicated that one full day would be needed for the hearing.
ORDER
7The Tribunal orders that a final Procedural Order and Issues List be filed by the parties with the Tribunal prior to June 30, 2022.
8The Tribunal orders that a hearing will be held by video hearing commencing at 10 a.m. on Friday, October 21, 2022.
9Parties 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
10Parties 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.
11Persons 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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
12Individuals 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.
13There will be no further notice.
14These Members are not seized.
“Warren Morris”
warren morris
MEMBER
“J. Campbell”
j. campbell
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.