Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 28, 2022
CASE NO(S).: OLT-21-001104
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990,c. P.13, as amended
Appellant: Ontario Greenhouse Vegetable Growers
Subject: By-law No. 17-21
Municipality: Municipality of Leamington
OLT Case No.: OLT-21-001104
OLT File No.: OLT-21-001104
OLT Case Name: Ontario Greenhouse Vegetable Growers v. Leamington (Mun.)
Heard: January 25, 2022 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Ontario Greenhouse Vegetable Growers (“Appellant”)
S. O’Melia
Corporation of the Municipality of Leamington (“Leamington”)
P. Morley/ R. Coburn
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JANUARY 25, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) with regard to the appeal filed against Leamington’s Zoning By-law No. 17-21.
2At the CMC the Tribunal had only the statutory parties: there were no requests for any other parties or participants.
3The Tribunal heard a status update from counsel and for the reasons set out below set a second CMC for Thursday June 30, 2022.
DECISION
4Leamington had adopted Official Plan Amendment No. 8 (“OPA 8”), and Zoning By-law No. 17-21 both relating to minimum standards for boarding houses, a matter of interest to the Appellant.
5OPA 8 was approved by the County of Essex (“County”) on or about July 30, 2021. Zoning By-law No. 17-21 was subject to one appeal only, that by the Appellant.
6In the lead up to the CMC, the Tribunal was advised that the Appellant had instructions to challenge the approval of OPA 8 by the County.
7At the CMC, counsel for the Appellant advised that the first appearance on the OPA 8 challenge was set for March 15, 2022 at which time it was anticipated that a half day hearing would be set for either mid May or mid June 2022.
8Notwithstanding the court challenge, counsel for the Appellant told the Tribunal that the matter was in his opinion a good candidate for Tribunal-led mediation and that he had been in preliminary contact with the Tribunal’s mediation staff to that effect.
9His recommendation was that the Tribunal set a second CMC and that the parties consider participating in Tribunal-led mediation.
10Counsel for Leamington noted that OPA 8 had been adopted by Leamington Council and approved by the County, and while there was a challenge coming on OPA 8, that it would be premature to consider Tribunal-led mediation until the status of OPA 8 was determined.
11Rather, counsel for Leamington indicated that the Tribunal should now set down a 10 day hearing which would be sufficient in time to include all the possible results of the OPA 8 challenge, and that if the Tribunal were to set a second CMC after the court challenge had been determined, the Tribunal could then finalize the required number of hearing days.
12The Tribunal considers Tribunal hearing days to be a scarce public resource that has to be very carefully managed, especially during these COVID-19 times.
13Without a draft Procedural Order and Issues List and a draft Hearing Plan, setting down 10-day hearing would be at best a “guesstimate” of what could be forthcoming and the Tribunal will not allocate valuable time on the Tribunal’s hearing schedule on such a basis.
14Accordingly, the Tribunal set a second CMC for Thursday, June 30, 2022 commencing at 10 a.m. by VH.
15Parties 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/979388733
Access code: 979-388-733
16Parties 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
17Persons 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 979-388-733.
18Individuals 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 CMC 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.
19The Tribunal also directs that counsel for the Appellant shall forthwith provide the court decision on OPA 8 to the Tribunal’s Case Coordinator and to counsel for Leamington.
20At the second CMC, the Tribunal anticipates that the agenda will include a status update on the court challenge, an update on Tribunal-led mediation, and/or setting a hearing date.
21For the latter, the Tribunal suggests that, it would be helpful if the parties were to confer and generate a draft Procedural Order and Issues List and provide it to the Tribunal’s Case Coordinator as soon as possible for the consideration of the Tribunal.
22There will be no further notice of the second CMC.
23I am not seized.
24Scheduling permitting, I may be available for case management purposes.
25This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
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.