Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE: June 20, 2022
CASE NO(S).: OLT-21-001499
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: Darryl Kerswell
Appellant: Justin Rolle
Subject: By-law No. 2021-069
Municipality: Municipality of Clarington
OLT Lead Case No.: OLT-21-001499
OLT Case No.: OLT-21-001499
OLT Case Name: Rolle v. Clarington (Municipality)
Heard: June 8, 2022 by Telephone Conference Call (“TCC”)_
APPEARANCES:
Parties
Counsel/Representative*
Justin Rolle
Ravio Uukkivi and Monica Poremba*
Municipality of Clarington
Robert Maciver
Darryl Kerswell
Marty Gobin
MEMORANDUM OF ORAL DECISION DELIVERED BY C. TUCCI ON JUNE 8, 2022 AND ORDER OF THE TRIBUNAL
1This was the second event in relation to this appeal heard as a TCC.
2The purpose of the TCC was to receive status updates from both parties to organize the hearing of these appeals.
3All Counsel on consent informed the Tribunal that a Procedural Order including a detailed issues list, is being drafted and finalized and will be forwarded to the Tribunal.
4The Tribunal was informed that each Party will call two witnesses and seek a hearing of five (5) days.
5The Tribunal canvassed all parties to ask if there is any possibility of an early resolution through a Tribunal led mediation. The Tribunal was informed that a mediation was not an option and to proceed to a hearing of the merits.
6The Tribunal hereby schedules a Video Conference Hearing of these appeals on Monday, November 14, 2022, commencing at 10 a.m. Five (5) days have been set aside.
7Parties 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://meet.goto.com/656004293
Access code: 656-004-293
8Parties 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
9Persons 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 656-004-293.
10Individuals 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.
11No further notice will be given.
12The Member is not seized.
13So Orders the Tribunal.
“C. Tucci”
C. TUCCI
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.