Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO.: OLT-22-002375
DECISION ISSUE DATE: May 08, 2022
CORRECTION NOTICE ISSUE DATE: August 12, 2022
RE: DeFalco v. Arnprior (Town)
Correction to: ISSUE DATE
Originally:
- May 08, 2022
Corrected to:
- June 08, 2022
“Euken Lui”
EUKEN LUI ACTING REGISTRAR 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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2022
CASE NO(S).: OLT-22-002375
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Mike DeFalco
Subject: Proposed Official Plan Amendment No. 3
Municipality: Town of Arnprior
OLT Case No.: OLT-22-002375
OLT Lead Case No.: OLT-22-002375
OLT Case Name: DeFalco v. Arnprior (Town)
Heard: May 30, 2022 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Mike DeFalco | Self-represented |
| Town of Arnprior | Emma Blanchard* |
| 1000078887 Ontario Inc. | Eileen Costello* |
MEMORANDUM OF ORAL DECISION ON MAY 30, 2022 DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in relation to an appeal brought pursuant to s. 17(24) of the Planning Act (“Act”) by Mike DeFalco (“Appellant”) against the decision of the Town of Arnprior (“Town”) to approve an Official Plan Amendment (“OPA”) in relation to the Part of Lots 3 & 4, Concession A, 640 White Lake Road and 8 Van Dusen Drive (“subject property”). The OPA redesignates the subject property from Mixed Use Commercial/Employment to Low/Medium Density Residential Area to permit a plan of subdivision containing 272 units including 138 single detached units, 22 semi-detached units and 112 townhouse units.
2The Tribunal received an Affidavit of Service confirming that Notice of this CMC was properly given and marked same as Exhibit 1. In addition, a written request for Party status (Exhibit 2) was received from 1000078887 Ontario Inc. (“Applicant”), which the Tribunal granted on consent. In response to the Notice, no other requests for Party or Participant status were received and accordingly, the Appeal will proceed with the involvement of only the Appellant, the Town and the Applicant.
3The Tribunal canvassed the Parties with respect to the possibility of pursuing settlement discussions and was advised that, while efforts to resolve the appeal might be appropriate at some point in the future, no such discussions were anticipated at this time. The Parties were reminded of the availability of Tribunal-assisted mediation and that should they wish to avail themselves of this resource in the future, they may reach out to the Case Co-ordinator.
4Counsel for the Applicant advised that her client intends to seek an Order of the Tribunal dismissing the Appeal without a hearing and accordingly, requested a date be scheduled for the hearing of a Motion in this regard.
5As the Appellant is currently self-represented, the Parties agreed that the Applicant’s Motion to Dismiss should proceed by way of videoconference, which the Tribunal scheduled for 10 a.m. on Monday, August 22, 2022. It was further agreed that, in the interim, should the Appellant retain legal counsel the Parties may, on consent, request the format of the hearing be converted to a written Motion through the Case Co-ordinator.
6Parties 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/442599157
Access Code: 442-599-157
7Parties 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.
8Persons 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 (647) 497-9391. The access code is 442-599-157.
9Individuals 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 Motion 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.
10The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
11The Tribunal orders:
a) The Applicant, 1000078887 Ontario Inc., is a party to the proceeding;
b) The Applicant’s Motion to Dismiss the appeal without a hearing will commence at 10 a.m. on Monday, August 22, 2022;
c) There will be no further notice and this Member is not seized, but may be available for case management, should scheduling permit.
“S. Braun”
S. Braun 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.