Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 07, 2022
CASE NO(S).: OLT-21-001574
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant: Jean-Paul Babineau (File No. 001741)
Appellant: Virginia Graham (File No. 001742)
Applicant: Bruce Trail Conservancy c/o Adam Brylowski
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct an expansion of an existing parking lot, including placement of gravel on an existing Hemlock Ridge Conservation Corridor
Reference No.: D/L/2021-2022/13
Property Address/Description: 873603 5th Line East
Municipality: Town of Mono
Upper Tier: County of Dufferin
OLT Case No.: OLT-21-001574
OLT Case Name: Babineau v. Ontario (Niagara Escarpment Commission)
Heard: February 1, 2022 by telephone conference call
APPEARANCES:
Parties
Representative
Niagara Escarpment Commission
J. Skinner
Bruce Trail Conservancy
A. Brylowski
Memorandum of oral decision DELIVERED BY Hugh s. Wilkins ON fEBRUARY 1, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (in its role as the Niagara Escarpment Hearing Office) regarding the appeals brought by Jean-Paul Babineau and Virginia Graham (together “Appellants”) regarding the approval by the Niagara Escarpment Commission of a development permit to construct or expand a parking area at 873603 5th Line East in the Town of Mono.
2Neither of the Appellants appeared at the CMC. The Hearing Office’s Case Coordinator and the Niagara Escarpment Commission each made efforts to contact the Appellants during the session. They were each informed by Ms. Graham that she would not be attending the CMC. Subsequent to the CMC, Mr. Babineau informed the Hearing Office’s Case Coordinator that he attempted to connect to the CMC, but experienced technical issues and was unable to join the call.
3Given the technical difficulties experienced by Mr. Babineau, the Hearing Office directs that a further CMC will be held by video hearing on February 17, 2022 commencing at 10 a.m.
4The Hearing Office directs that the Parties consult and file a draft Procedural Order and Issues List with the Hearing Office at least one day prior to the February 17, 2022 CMC. Templates for a draft Procedural Order and Issues List may be found in the “Forms” section of the Ontario Land Tribunal website.
5All Parties are expected to arrive on time and prepared for the CMC. If a Party fails to attend the CMC, the Hearing Office may proceed without that Party and the proceeding may be disposed of in their absence. The Parties are expected to be prepared should the Hearing Office convert the CMC to a hearing, where evidence or formal statements or submissions may be heard, and the Hearing Office may proceed to make a final decision on the appeals at that time.
6Parties 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://meet.goto.com/709076365
Access Code: 709-076-365
7Parties are asked to set up the video hearing 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.
8Persons 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.
9Individuals 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 Hearing Office’s Case Coordinator having carriage of this case.
10There will be no further notice.
11This Hearing Officer is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
HEARING OFFICER
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.