Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 02, 2022
CASE NO(S).: OLT-22-002078
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1816568 Ontario Ltd.
Subject: Proposed Official Plan Amendment No. 123
Municipality: Town of Whitby
OLT Case No.: OLT-22-002078
OLT Lead Case No.: OLT-22-002078
OLT Case Name: 1816568 Ontario Ltd. v. Whitby (Town)
Heard: July 11, 2022 by video hearing
APPEARANCES:
Parties
Counsel
1816568 Ontario Ltd.
Annik Forristal
Town of Whitby
Andrew Biggart
Region of Durham
Robert Woon
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON JULY 11, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
11816568 Ontario Ltd. (“Applicant”) appealed the Town of Whitby’s (“Town”) adoption of Official Plan Amendment 123 (“OPA 123”) pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”). The appeal relates to the property located at 951 Dundas Street East, in the Town (“Subject Property”).
2OPA 123 requires a 45-metre right-of-way along Dundas Street East that fronts onto the Subject Property. The Applicant requested that an exception be included in OPA 123 to permit a 42-metre right-of-way due to technical constraints of the Subject Property and neighbouring properties.
3The Town’s Council adopted OPA 123 by passage of By-law No. 7833-21. OPA 123 did not provide for the exception requested by the Applicant and as such, the Applicant filed an appeal to this Tribunal objecting to OPA 123.
4On July 11, 2022, the Tribunal held its first Case Management Conference (“CMC”) at which it addressed identification of Parties and Participants, opportunities for settlement or mediation and scheduling of a further hearing event.
STATUS REQUESTS
5There are two statutory Parties regarding this matter, and both were represented at the CMC by their respective counsel.
6Prior to the CMC, the Tribunal did not receive any requests for Party or Participant status. However, during the CMC, the Tribunal canvassed the attendees of the video hearing to determine whether anyone sought status, either as Party or Participant. Robert Woon, counsel for the Region of Durham (“Region”), submitted that the Region was seeking Party status. There were no attendees seeking Participant status.
7Mr. Woon submitted that the Subject Property is located within the Region’s jurisdiction, and the Region needs to ensure conformity with its Official Plan. None of the Parties objected to the Region having Party status.
8Given the obvious interest of the Region in the subject matter of the Appeal and with the consensus of the Applicant and the Town, the Tribunal finds that the Region’s participation in the Appeal as a Party is necessary to enable the Tribunal to adjudicate effectively and completely on the issues in the proceeding.
9The Tribunal granted Party status to the Region pursuant to Rule 8.2 of the Tribunal’s Rules of Practice and Procedure.
Opportunities for Settlement or Mediation
10The Tribunal discussed opportunities for settlement or mediation with the Parties. The Tribunal reminded the Parties that Tribunal-led mediation is available, and any requests can be made through the Case Coordinator.
11The Parties advised the Tribunal that they have been engaged in discussions with the objective of resolving the issues without the need for a merit hearing. The Applicant submitted that they currently have a Zoning By-law Amendment being processed by the Town and the outcome of that process will impact settlement discussions.
FURTHER CMC
12Andrew Biggart, counsel for the Town, confirmed that discussions were ongoing aimed at possible resolution of the Appeal, or a scoping of the Appeal. Mr. Biggart, on behalf of all Parties, noted that further time was required over the next several months to advance and possibly conclude these discussions.
13In light of the above, the Parties requested a further hearing event in October 2022 for either a settlement hearing or a second CMC to finalize a draft Procedural Order and to set hearing dates in the event that a settlement cannot be reached.
14After considering submissions, the Tribunal directed that a second CMC be scheduled for October 13, 2022. The Parties agreed that they will notify the Tribunal in advance of the second CMC to request conversion to a settlement hearing if a settlement has been reached. In the event a settlement cannot be reached prior to the second CMC, the Parties will file a draft Procedural Order with the Tribunal and will attend prepared to set hearing dates.
ORDER
15The Tribunal orders that the Region of Durham is a Party in these proceedings.
16The Tribunal orders that the second Case Management Conference in this matter will be held by video hearing on October 13, 2022 commencing at 10 a.m.
17Parties 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://meet.goto.com/660145013
Access Code: 660-145-013
18Parties 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.
19Persons 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.
20Individuals 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.
21This Member is not seized, however will remain available for case management subject to the Tribunal’s calendar.
22No further notice will be given.
“C. Hardy”
c. hardy
MEMBER
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.