Aldridge v. Fort Erie (Town), 2022 CanLII 80222

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 02, 2022

CASE NO(S).: OLT-22-002220

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended

Appellant: 2039505 Ontario Inc. Appellant: Anthony Chiarella Appellant: Crystal Beach Tennis & Yacht Club Appellant: M5V Inc. Appellant: Crystal Bay Cottages Inc. Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. & Rose DiRenzo Appellant: Geoffrey Aldridge Appellant: Marz Homes (Crystal Beach) Inc.

Subject: Proposed Official Plan Amendment No. 56 Municipality: Town of Fort Erie OLT Lead Case No.: OLT-22-002220 OLT Case No.: OLT-22-002220 OLT Case Name: Aldridge v. Fort Erie (Town)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Subject: By-law No. BL 144-2021 Municipality: Town of Fort Erie OLT Lead Case No.: OLT-22-002220 OLT Case No.: OLT-22-002221

Heard: August 31, 2022 by video hearing

APPEARANCES:

Parties	Counsel/Representative*
Crystal Beach Tennis & Yacht Club	Adam Giel (Nicholas Macos in absentia)
Crystal Bay Cottages Inc.	Sara J. Premi
3101669 Nova Scotia Company, 1609652 Ontario Ltd. & Rose DiRenzo	Sara J. Premi
M5V Inc.	Rocco Vacca
Geoffrey Aldridge	Self-represented*
Marz Homes (Crystal Beach) Inc.	Rebecca Locksley
Town of Fort Erie	Callum Shedden

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON AUGUST 31, 2022 AND ORDER OF THE TRIBUNAL

1This decision and order relates to the hearing of the first Case Management Conference (“CMC”) in relation to a number of appeals pursuant to s. 17 (24) and 34(19) of the Planning Act (“Act”) against the decisions of the Town of Fort Erie (“Town”) to adopt Official Plan Amendment No. 56 (“OPA 56”) and Zoning By-law Amendment No. 144-2021 (“ZBA”). OPA 56 is also known as the Crystal Beach Secondary Plan and the lands subject to this amendment cover an approximate area of 359.4 hectares.

2Prior to the CMC, counsel for 2039505 Ontario Ltd. wrote the Tribunal to advise that his client had abandoned their appeal.

3The Tribunal received the Affidavit of Service of Alex Herlovitch, confirming that Notice of this hearing event was properly given. In response to the Notice, the Tribunal received one request for Participant Status from Marsha Watts. No other written requests for Party or Participant status were received and no attendees sought status at the hearing event. However, Abby and Mark Laforme appeared on behalf of the Mississauga of the Credit First Nation Department of Consultation and Accommodation to request that they be added to the Tribunal’s mailing list in respect of these matters so as to be kept fully apprised of the proceedings going forward. The Tribunal granted this request.

4As a courtesy to the Tribunal, Mr. Aldridge advised that due to a medical issue, Ms. Watts was not able to attend the CMC to speak to her request for status. As attendance by a requestor or their representative at the hearing is required for all status requests, on the consent of the Parties, the Tribunal will consider the matter of Ms. Watts’ status at the next hearing event.

5The Tribunal was advised that there are development applications pending which may result in the resolution of some of the appeals and/or in further appeals that may need to be consolidated with the present matters. As such, the Parties were not prepared at this time to present a draft Procedural Order(s) (“PO”) and Issues List(s) or to set the matter down for a hearing. In light of the foregoing, the Parties requested the Tribunal schedule a subsequent CMC.

6Recognizing that the appeals are at an early stage and the Parties have already engaged in discussions with a view to resolving some or all of the appeals, the Tribunal reminded the Parties of the availability of assisted-mediation and directed them to reach out to the Case Coordinator for assistance should they wish to avail themselves of this resource.

7At the request of the Parties, the Tribunal scheduled a further CMC which will proceed by way of video hearing commencing at 10 a.m. on Thursday, January 12, 2023. Parties 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/687587165

Access Code: 687-587-165

8Parties 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: (Toll Free): 1-888-299-1889 or (647) 497-9373. The access code is 687-587-165

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 CMC 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.

11The Tribunal stressed the importance of ensuring that the next CMC be productive and to that end, counsel for the Town undertook to draft and circulate for the consent/input of the Parties a draft PO and Issues List(s) and submit same to the Tribunal for review no later than Friday, January 6, 2023.

12The 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.

13There will be no further notice and this Member is not seized but may be available for case management, should scheduling permit.

14It is so ordered.

“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.