Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 07, 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: June 30, 2022, by video hearing
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 D. CHIPMAN ON JUNE 30, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a second Case Management Conference (“CMC”) with regard to the appeal filed against Leamington’s Zoning By-law No. 17-21 (“ZBL”).
2The City initiated ZBL 17-21. The ZBL adds new definitions and regulations as they relate to ZBL No. 890-09. The by-law permits the establishment and enforcement of boarding houses and farm work dwellings within the municipality. The amending by-law implements new definitions and general provisions for the development of Large and Small Boarding Houses, Large and Small Urban Farm Worker Dwellings and Onsite and Off-site Farm Worker Dwellings within identified zones of the settlement and agricultural areas.
The Hearing
3The Tribunal was provided a status update from counsel which included a decision issued June 14, 2022, by the Honorable Madam Justice Tranquilli, Superior Court of Justice. In her Order, Justice Tranquilli quashed the Municipality of Leamington’s Official Plan Amendment No. 8 (“OPA 8”) which had been approved by the County of Essex, pursuant to Section 273 of the Municipal Act 2001, S.O. 2001, c. 25, as amended.
4Upon doing so, Justice Tranquilli directed that within thirty days of issuance of the Order, the Municipality of Leamington would provide a fresh Notice of Adoption on the Applicant and all individuals who are entitled to receive the notice.
5As well the Order directed the following:
that within fifteen (15) days of the Notice of Adoption being issued and served by the Municipality of Leamington, pursuant to Section 17(31) of the Planning Act, R.S.O. 1990, c. P.13, The Municipality of Leamington shall compile and forward to The Corporation of the County of Essex a record which shall include the prescribed information and material and any fee under Section 69 or Section 69.1, and which information and material shall include, but not be limited to, the record appended as Exhibit "C" to the Affidavit of Rebecca Belanger, sworn April 27, 2022, a study from Jones Consulting, dated April of 2018, a study from Dillon Consulting, dated September of 2020, and a copy of this Order.
6The Court further directed that the Municipality also provide notice of its decision as approval authority with respect to OPA 8 to the Applicant and any and all individuals that request or are entitled to notice in accordance with the provisions in the Notice of Adoption.
7Counsel requested that the Tribunal allow time for the directions of the Court to be fulfilled. Upon completion of the process the Appellant, should the outcome be that OPA 8 is approved by the County, stated that an appeal will be filed on OPA 8 to accompany the existing appeal on the Zoning By-law Amendment (“ZBA”). A consolidation request will be submitted at that time to move the appeals to a hearing of the merits.
8Counsel for the municipality agreed and advised the Tribunal that should an appeal be filed, he will need to seek direction from the municipality.
9A request for a further CMC was presented. The Tribunal noted that with hearing days scarce it would be more prudent that a written update be provided to the Case Coordinator to advise the Tribunal on the progress of the matter given the timeline set by the Court. Until the conclusion of those directions this matter will be adjourned sine die to enable the process to be completed.
10Mr. O’Melia suggested this matter presents as a good candidate for Tribunal-led mediation. The Tribunal advised that should the Parties wish to pursue mediation that they contact the Case Coordinator for assistance.
11The Tribunal directs that the Parties submit a written update on or before Thursday, September 15, 2022, providing the Tribunal with an update on the progress of this matter, a request for a further CMC and notice of the consolidation of any further appeal that the Appellant may submit.
12The Tribunal Member is not seized but will remain available for case management, subject to the availability of the Tribunal calendar.
13So orders the Tribunal.
“D. Chipman”
D.CHIPMAN 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.