Fast v. Niagara-on-the-Lake (Town), 2022 CanLII 98447

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 17, 2022

CASE NO(S).: OLT-21-001826

PROCEEDING COMMENCED UNDER section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Jonathan and Kathy Fast

Subject: Consent - refused by Approval Authority

Description: To create two new lots for residential development

Reference Number: B-14/21

Property Address: 9 Dee Road

Municipality/UT: Niagara-on-the-Lake/Niagara

OLT Case No.: OLT-21-001826

OLT Lead Case No.: OLT-21-001826

OLT Case Name: Fast v. Niagara-on-the-Lake (Town)

PROCEEDING COMMENCED UNDER section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Jonathan and Kathy Fast

Subject: Consent - refused by Approval Authority

Description: To create two new lots for residential development

Reference Number: B-15/21

Property Address: 9 Dee Road

Municipality/UT: Niagara-on-the-Lake/Niagara

OLT Case No.: OLT-21-001827

OLT Lead Case No.: OLT-21-001826

Heard: October 3, 2022 by video hearing

APPEARANCES:

Parties

Counsel

Town of Niagara-on-the-Lake

A. Zuidema

Jonathan and Kathy Fast

T. A. Richardson

Anthony Vani

T. A. Richardson

MEMORANDUM OF ORAL DECISION BY STEVEN COOKE ON OCTOBER 3, 2022 AND THE ORDER OF THE TRIBUNAL

1The matter before the Tribunal was a Case Management Conference for the appeals made by Jonathan and Kathy Fast under s. 53(19) of the Planning Act, for the refusal of an application for consent by the Town of Niagara-on-the-Lake (“Town”) to create two lots on the property municipally known as 9 Dee Road (“Subject Site”).

PARTY REQUEST

2Thomas A. Richardson appeared as counsel for both Mr. and Ms. Fast, as well as Anthony Vani. The Tribunal was informed that Mr. and Ms. Fast made an application for the consents in December of 2021. In June 2022, they entered into a purchase of sale agreement with Mr. Vani for the Subject Site. It was the request of Mr. Richardson that the appeals of Mr. and Ms. Fast be transferred to Mr. Vani. After a brief discussion for clarification and hearing no objections by the Town, the Tribunal grants the request and confers Party Status to Mr. Vani.

PARTICIPANT REQUESTS

3The following individuals have requested Participant Status to these proceedings. The Parties expressed no objections or concerns to the requests. The Tribunal having reviewed and clarified the requests for Participant Status is satisfied that the individuals and organizations are appropriate.

4The Tribunal grants Participant Status to:

1. David Jakobi
2. John Hughes
3. Allin Killin
4. Karin Jahnke-Haslam
5. Rebecca Golding
6. Queenston Residents Association
7. Willowbank School of Restoration Arts

Participants shall provide to the Tribunal and all Parties a written submission for consideration on or before Monday, February 20, 2023.

HEARING OF THE MERITS

5The Parties informed the Tribunal that they will be working together to submit a Draft Procedural Order (“DPO”) for the Tribunal’s consideration. The Parties indicated that it is their hope that the meeting of the experts will help scope and refine the existing Issues List. The Tribunal has instructed that the Parties jointly submit to the Tribunal a DPO for its consideration on or before Friday, October 14, 2022. Should any issues regarding the DPO arise the Member can be spoken to.

6The Parties requested that the Tribunal set aside five-days of the Tribunal’s calendar for the hearing of the merits that will begin on Monday, March 27, 2023.

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/979388733

Access Code: 979-388-733

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 as indicated above.

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 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

11There will be no further notice.

12The Member is not seized.

13So orders the Tribunal.

“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.