Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 14, 2022
CASE NO(S).: OLT-21-001847
PROCEEDING COMMENCED UNDER subsection 39(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant
Fred May
Subject:
Zoning By-law
Description:
To regulate the use of land, buildings or structures for cannabis cultivation, production and processing operations
Reference Number:
By-law 2021-183
Property Address:
City Wide
Municipality/UT:
Welland/Niagara
OLT Case No:
OLT-21-001847
OLT Lead Case No:
OLT-21-001847
OLT Case Name:
May v. Welland (City)
Heard:
July 25, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Fred May
David R. Donnelly
The Corporation of the City of Welland
Tom Hanrahan
DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL
1On November 16, 2021, the City of Welland (“City”) passed By-law No. 2021-183 which provides for and regulates licensed and designated cannabis growth facilities in the City (“By-law”).
2Fred May (“Appellant”) appealed the By-law (“Appeal”). These directions flow from the first Case Management Conference (“CMC”) in this matter.
3The Affidavit of Service of Nicolas Aiello was entered as Exhibit 1.
4The Parties had settlement discussions which to-date have not resulted in resolution of the Appeal.
5The Tribunal received correspondence from the Parties indicating that the hearing of the merit of the appeal could last up to 4 days. The Parties have not submitted a consolidated list of issues, or details regarding the number of witnesses that will testify.
6The Tribunal determined that it is appropriate to convene a second CMC on January 23, 2023, at 10 a.m.
7The Tribunal requires the Parties to submit a draft Procedural Order and Issues List to the Tribunal 10 days in advance of the second CMC.
8The Tribunal will address participant requests at the second CMC.
9Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
10Parties 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.
11Persons 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 914-098-901.
12Individuals 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 video hearing 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.
ORDER
13The Tribunal Orders the aforenoted rulings and directions.
14The Member is not seized of this matter.
15No further notice is required.
“M. Arpino”
M. ARPINO
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.