Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 09, 2022
CASE NO(S).: OLT-22-002322
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant: Frank Wendorf
Respondent: Nickel District Conservation Authority
Subject: Appeal of refusal to grant permission for development
Property Address: 0 Cook Street, Coniston, Township of Neelon
Municipality: City of Sudbury
OLT Case No.: OLT-22-002322
OLT Case Name: Wendorf v. Nickel District Conservation Authority
Heard: August 22, 2022 by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
Frank Wendorf
Raivo Uukkivi
Nickel District Conservation Authority
Daniel Sirios
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON AUGUST 22, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a TCC brought before the Ontario Land Tribunal (the “Tribunal”) regarding an appeal by Frank Wendorf (the “Appellant”) concerning the rejection by Nickel District Conservation Authority (the “Respondent”) of an application for the construction of a detached dwelling and associated detached garage at the property located at 0 Cook Street, Coniston, Ontario.
2The Tribunal was informed that since the last TCC, the Appellant has sought legal counsel and is now being represented by Mr. Raivo Uukkivi.
3Counsel for the Appellant took the Tribunal briefly through the proposed draft Procedural Order (the “PO”). While counsel for the Respondent expressed that the Issues List, in their opinion, still has not addressed their previous concerns. The Tribunal was satisfied that the Appellant has followed previous Tribunal direction, and the questions listed on the Issues List are appropriate to be considered by the Tribunal.
4The Tribunal enquired with the Parties on the number of witnesses that they anticipate would be called to appear before the Tribunal. It was determined that three days of the Tribunal’s calendar would be requested for the hearing of the merits. The hearing of the merits will be scheduled to be heard by video hearing starting on Wednesday, March 29, 2023.
5In response to a question regarding the timelines of witness statement exchanges, Mr. Uukkivi indicated that now that a date has been set for the hearing of the merits, he would prepare a complete draft PO to exchange with the Respondent with the goal of a joint submission of the draft PO for the Tribunal’s final approval. Should any issues arise that prevent a joint submission of a draft PO, the Member may be spoken to.
ORDER
6The Tribunal orders that a three-day hearing of the merits is scheduled for Wednesday, March 29 to Friday, March 31, 2023, commencing at 10 a.m.
7Parties 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/638422541
Access code: 638-422-541
8Parties 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
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 +1 (647) 497-9373. The access code is 638-422-541.
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 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.
11There will be no further notice.
12The Member is not seized.
“Steven Cooke”
STEVEN COOKE
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.