Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 16, 2022
CASE NO(S).: OLT-21-001708, OLT-21-001709, OLT-21-001710
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Katie Labrie
Applicant: 1611905 Ontario Limited
Subject: Zoning By-law
Description: To permit a residential development with 65 single-detached dwellings and 35 street townhouses
Reference Number: ZBA 160-2021
Property Address: Part Lot 2, Concession 7
Municipality: St. Thomas
OLT Case No.: OLT-21-001708
OLT Lead Case No.: OLT-21-001708
OLT Case Name: Labrie v. St. Thomas (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 1611905 Ontario Limited
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of two high-density residential blocks
Reference Number: 2-06-20
Property Address: Part Lot 2, Concession 7
Municipality: St. Thomas
OLT Case No.: OLT-21-001708
OLT Lead Case No.: OLT-21-001708
OLT Case Name: 1611905 Ontario Limited v. St. Thomas (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Mike Vaughan
Applicant: Shawside Development Limited
Subject: Zoning By-law
Description: Development of 23 single detached dwellings
Reference Number: BL 159-2021
Property Address: Part Lot 2, Concession 7 (Part Lot 2, Concession 7)
Municipality/UT: St. Thomas/Elgin County
OLT Case No.: OLT-21-001710
OLT Lead Case No.: OLT-21-001710
OLT Case Name: Vaughan v. St. Thomas (City)
Heard: July 25, 2022 via Video Hearing
APPEARANCES:
Parties
Counsel*/Representative
Katie Labrie
Paula Lombardi*
1611905 Ontario Ltd. and
Quinto Annibale* and
Shawside Development Limited
Alexandra Whyte*
Michael Vaughan
Self-represented
DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
11611905 Ontario Ltd. (“1611905”) and Shawside Development Limited (“Shawside”) have applied to the Council of the City of St. Thomas (“City”) for permissions to develop each of the three parcels for residential purposes. The three proposals and appeals are discrete, but are geographically related and enjoy considerable overlap in Counsel and witnesses, and therefore, it was determined that the three could be heard most efficiently, together. The matters had all been considered at the same Council meeting of October 18, 2021.
2The three appeals are as follows:
- OLT-21-001708 pursuant to s. 34(19) of the Planning Act
- Katie Labrie appealed By-law No. 160-2021, which had been approved by the City of St. Thomas on October 18, 2021. The By-law would permit 1611905 Ontario Ltd. to erect single detached and townhouse dwellings, a park and open space blocks, on lands comprised of Blocks 13,15 and 17 on Plan 11M-108. Block 43 and 49, on Plan 11M-237, all being Part Lot 2, Concession 7, in the Township of Yarmouth. The Affidavit of Service of Notice of the proceeding was marked as Exhibit 1.
- OLT-21-001709 pursuant to s. 34(11) of the Planning Act
1611905 appealed against the refusal of Council to rezone lands known as McGregor Farms, Phase 2 lands to permit a total of 472 high density dwelling units in a total of eight buildings developed over two parcels with no building exceeding six storeys in height. The Affidavit of Service of Notice of the proceeding was marked as Exhibit 2.
Ms. Labrie sought and was granted Party status in this appeal, as these lands were subject of the same recommendation report as the lands subject of By-law No. 160-2021.
- OLT-21-001710 pursuant to s. 34(19) of the Planning Act
- Michael Vaughan appealed By-law No. 159-2021, which had been approved by the Council of the City of St. Thomas on October 18, 2021 and, which would permit Shawside to proceed with Phase 8 of development to create 18 single detached lots and to provide for the consolidation of parts/lots to be merged with remnant part lots in Phase 7, to create a total of four additional lots. The Affidavit of Service of the proceeding was marked as Exhibit 3.
3With respect to the appeal by Mr. Vaughan, the Tribunal canvassed Counsel for Shawside and the City, to determine if either have had any conversation or correspondence with the Appellant in an attempt to clarify what, if any, planning grounds formed the basis of the appeal. Neither Counsel could assist the Tribunal as their efforts have to date been unanswered.
4In discussion with Mr. Vaughan, it became apparent to the Tribunal, having cautioned him about the allegations being made, both in his written appeal and his oral submissions to the Chair, that his concerns lie in areas beyond the jurisdiction of the Tribunal in the section 34 appeals. The Tribunal urged Mr. Vaughan to seek professional assistance to determine if through assistance, his concerns might be appropriately framed into questions falling within the adjudicative jurisdiction of the Tribunal to remedy, failing which, the Tribunal advised Mr. Vaughan he could withdraw his appeal and pursue his concerns in a more appropriate forum.
5A draft Procedural Order and Issues List, absent any issues attributed to Mr. Vaughan had been submitted for the consideration of the Tribunal and is the basis upon which to schedule a hearing of merit. Counsel indicated that between the Parties, five witnesses would be expected.
6The Tribunal directed that the Issues List be finalized no later than August 26th, including Mr. Vaughan, should he choose to proceed. A hearing of the merit was scheduled for a period of eight days commencing May 23 running to and including June 5, during which time, the Tribunal would not be sitting May 29th or 30th.
7The hearing is scheduled to proceed by video on May 23, 2023 at 10 a.m.
8Parties 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/660145013
Access code: 660-145-013
9Parties 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
10Persons 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) 1-888-299-1889 or +1(647) 497-9373. The access code is 660-145-013.
11Individuals 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.
12The Member is not seized but may be spoken to assist in the case management of these appeals.
13No further notice is required.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.