Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 05, 2022
CASE NO(S).:
OLT-21-001823
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Paul Trepanier
Subject:
Application to amend Zoning By-law No. 98-2021 - Refusal or neglect of Municipality of Lakeshore to make a decision
Existing Zoning:
Hamlet Commercial exception 9 (HC-9)
Proposed Zoning:
Hamlet Commercial exception 9 (HC-9)
Purpose:
To allow five (5) transport trailers as storage for three years
Property Address/Description:
2730 County Road 42
Municipality:
Municipality of Lakeshore
Municipality File No.:
ZBA-30-2021
OLT Case No.:
OLT-21-001823
OLT Lead Case No.:
OLT-21-001823
OLT Case Name:
Trepanier v. Lakeshore (Municipality)
Heard:
May 24, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Paul Trepanier (“Applicant”)
William A. Good
Municipality of Lakeshore (“Municipality”)
Ken Strong
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON MAY 24, 2022 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) conducted in this Appeal brought by the Applicant regarding the refusal by Council to enact a Temporary Use-Bylaw to permit the placement of transport trailers on his property for a limited period of three years.
2The Affidavit of Service of Brianna Coughlin sworn on May 21, 2022, regarding service of the Notice of Case Management Conference on March 28 and 29, 2022, was made Exhibit 1 to the CMC.
3There were no requests made for Party or Participant status and only the Applicant and Municipality appeared.
4On the subject of settlement or mediation, the Tribunal is advised that the parties intend to make a request for Tribunal-led mediation and are confident they can move forward through the summer months to explore the possibly of a resolution of the Appeal.
5Under the circumstances the Parties have not yet turned their minds to the form of a Procedural Order and Issues List. A request for hearing dates was put forward but the Tribunal will hold to the approach that hearing dates will not be taken from the Tribunal’s calendar until a Procedural Order and Issues list is in place or imminent.
6Instead, the Tribunal will reconvene a telephone conference call (“TCC”) for a status report from the Parties and determine whether a further CMC is required to consider a Procedural Order and Issues List and set hearing dates. Dependent upon the progress made in the ensuing three months and to expedite matters, the Parties may, at the TCC: have a draft Procedural Order and Issues list forwarded to the Case Coordinator in advance of the TCC ready for review by the presiding Panel, and request hearing dates; or alternatively, if a settlement is achieved, speak to the Tribunal as to the scheduling of a written or oral settlement hearing.
7The TCC Status Hearing will commence at 9 a.m. on Friday, September 2, 2022, with the following dial-in instructions: Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848. 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.
8There will be no further notice with respect to the TCC hearing event and the Panel Member is not seized, but may continue with case management to the extent that the Tribunal’s calendar may permit.
9The Tribunal so orders and provides these CMC directives for the purposes of the case management of this appeal.
“David L. Lanthier”
DAVID L. LANTHIER
VICE-CHAIR
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.