Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 23, 2022

CASE NO(S).: OLT-22-003972

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Sean Mason Homes (Essa Road) Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of an 8-storey mixed use condominium

Reference Number: D30-011-2021

Property Address: 405 Essa Road

Municipality/UT: Barrie/Simcoe

OLT Case No: OLT-22-003972

OLT Lead Case No: OLT-22-003972

OLT Case Name: Sean Mason Homes (Essa Road) Inc. v. Barrie (City)

Heard: September 14, 2022 by video hearing

APPEARANCES:

Parties Counsel*/Representative

Sean Mason Homes (Essa Road) Inc. Aaron Platt* and Hannah Ruby*

City of Barrie Peter Krysiak*

David McKenzie Self-represented

MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON SEPTEMBER 14, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1On September 14, 2022, the Tribunal held a Case Management Conference (“CMC”) for a zoning by-law amendment proceeding brought by Sean Mason Homes (Essa Road) Inc. (“Appellant”) in relation to a proposed residential development on the lands located at 405 Essa Road (subject property).

2At the CMC, the Tribunal addressed requests for party and participant status, the identification of issues, opportunities for settlement discussions, and the scheduling of a further CMC.

Requests for Status

3David McKenzie requested Party status. He lives nearby the subject property and has traffic, density, and other concerns regarding the proposed Zoning By-law Amendment. The Appellant objected to Mr. McKenzie’s request for status. It argued that the issues proposed by Mr. McKenzie are not properly formulated and that some are beyond the Tribunal’s authority to adjudicate. It also questioned the adequacy of Mr. McKenzie’s proposed evidence and expressed concerns that his engagement may lengthen the proceeding. The City took no position. The Tribunal found that Mr. McKenzie has identified at least some issues that are within the Tribunal’s authority to adjudicate, he has a genuine and direct interest in the subject matter of the proceeding, he will be impacted by the outcome of the proceeding, and he would assist the Tribunal in making its decision on the merits. The Tribunal found that there are reasonable grounds to add Mr. McKenzie as a Party and it granted Mr. McKenzie’s request for Party status.

4Chris Clarridge, Mary Jane Clarridge, Qingzhi (Steven) Wang, and Ellen Ann LeMarquand each requested Participant status. They each live in the vicinity of the subject property. They expressed various concerns regarding the proposed development, including concerns related to density, built form, compatibility, traffic, engineering, the environment, and privacy. None of the Parties objected to their requests for status and the Tribunal granted each of them Participant status as requested.

5The Tribunal notes that Malcolm Hachborn also requested Party status in writing and sent to the Tribunal a draft Issues List. He did not attend the CMC. The Appellant raised concerns regarding Mr. Hachborn’s non-attendance and regarding the formulation of his proposed issues. The Tribunal directed that, given Mr. Hachborn’s absence, his request for Party status would not be addressed at this CMC.

Identification of Issues and the Preparation of a draft Procedural Order

6Prior to the CMC, the Parties filed a draft Procedural Order along with proposed Issues Lists from the City and Mr. McKenzie. The Tribunal identified concerns with the Issues Lists and directed the City and Mr. McKenzie to revise them. Issues lists are to identify the issues and the applicable policy, statutory or regulatory provisions so that each Party is aware of the issues to be adjudicated and can properly prepare for a hearing. Issues lists must be short and concise and must only include issues that are within the Tribunal’s authority to adjudicate. They must solely identify each issue and specify the policy, statutory or regulatory provisions that apply to each issue. The context or merits of an issue should not be included in an issues list.

7The Tribunal directed the City and Mr. McKenzie to revise their proposed Issues Lists and requested that they circulate them to each other and the Appellant by Wednesday, September 28, 2022. The Tribunal requested that the Parties then consult and agree on the Issues List and file a draft Procedural Order and revised consolidated Issues List with the Tribunal by Thursday, October 20, 2022 for consideration at the next CMC.

8If Mr. Hachborn wishes to request Party status at the next CMC, the Tribunal requests that he also revise his proposed Issues List based on the guidance above and circulate it to the Parties by Wednesday, September 28, 2022.

Opportunities for Settlement Discussions

9The Parties expressed an interest in settlement discussions, and possibly mediation, depending on the identification of issues. The Tribunal encouraged the Parties to engage in such discussions with the aim of narrowing or resolving the issues.

Scheduling of a further CMC

10The Tribunal scheduled a further CMC to be held in October 2022 at which a draft Procedural Order and Issues List will be finalized and hearing dates will be set.

ORDER

11The Tribunal orders that David McKenzie is a Party in this proceeding.

12The Tribunal orders that Chris Clarridge, Mary Jane Clarridge, Qingzhi (Steven) Wang, and Ellen Ann LeMarquand are Participants in this proceeding.

13The Tribunal orders that a further CMC will be held on Thursday, October 27, 2022 by video hearing commencing at 10 a.m. at which a draft Procedural Order and Issues Lists will be finalized and hearing dates will be set.

14Parties 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/709076365

Access code: 709-076-365

15Parties 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

16Persons 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) 455-1389 or +1(647) 497-9391. The access code is 709-076-365.

17Individuals 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.

18This Member is not seized.

“Hugh S. Wilkins”

HUGH S. WILKINS

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.