Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 07, 2023
CASE NO(S).: OLT-23-000333
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Eric Turcotte
Subject: Zoning By-law Amendment Application – refused
Description: To permit a commercial business
Reference Number: 563103001410800
Property Address: 714 Victoria Road
Municipality: Iroquois Falls/Cochrane
OLT Case No.: OLT-23-000333
OLT Lead Case No.: OLT-23-000333
OLT Case Name: Turcotte v. Iroquois Falls (Town)
Heard: November 2, 2023 by video hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Eric Turcotte (“Applicant”) | Self-represented |
| Town of Iroquois Falls (“Town”) | Unrepresented |
MEMORANDUM OF ORAL DECISION DELIVERED by jean-pierre blais on november 2, 2023 ON AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to undertake commercial activities in his garage at 714 Victoria Road in the Town (“Subject Property”). To this end, the Applicant had applied to amend zoning of the Subject Property from R2 (Residential, Urban Second Density) to C1 (Commercial Business). However, Town Council denied his application. The Appeal is brought pursuant to 34(11) of the Planning Act, R.S.O. 1990, c. P.13.
2On November 2, 2023, the Tribunal held a Case Management Conference (“CMC”) to organize the appeal, address status requests (if any) and establish next steps in this proceeding.
NOTICE
3The Tribunal was in receipt of a declaration, signed on October 11, 2023, by Maureen Reeder, Deputy Clerk for the Town, indicating that Notice of the CMC was given. The declaration was marked as Exhibit 1 to this CMC. The declaration purports to have been “sworn” but there is no indication who received Ms. Reeder’s oath. The Tribunal had directed on August 31, 2023 that an affidavit, duly sworn or affirmed, was to be filed after notice was given. At the time, the Tribunal provided an example of how such an affidavit was to be made and specified that it was to be sworn in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits. The Tribunal noted that the “affidavit” with respect to Notice of the CMC is irregular. Nevertheless, the Tribunal was persuaded that notice was given, and no further notice is required.
STATUS REQUEST
4The Tribunal received no request for Party or Participant status prior to the CMC.
5The Town was not represented by Counsel at the CMC. The Tribunal directed that the Town inform the Tribunal as soon as possible if they retain legal counsel.
OPPORTUNITIES FOR SETTLEMENT
6The Applicant advised that he is open to settlement discussions.
7The Parties are directed to inform the Tribunal of any settlement as soon as possible.
NEXT STEPS
8A draft Procedural Order was not provided to the Tribunal prior to the CMC. However, the Tribunal did not consider that one was required in the circumstances of this case.
9The Tribunal explained to the Applicant that, at the Merit Hearing, he will have to the burden of proving his case, particularly by providing land use planning evidence. The Tribunal further explained that this could be done either through an expert in land use planning (whom he would retain), or by summons of the Town’s land use planner. It was confirmed at the CMC that no land use planning report nor a staff recommendation was before Town Council before it made its decision. The Applicant indicated that he will consider these options and that may also call lay witnesses to testify.
HEARING
10The Tribunal directed that a Merit Hearing commence at 10 a.m. on Friday, January 19, 2024, by video hearing.
11Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
12Parties 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
13Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is the same as the access code noted above.
14Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15THE TRIBUNAL ORDERS its directions as set out in this Decision.
16THE TRIBUNAL FURTHER ORDERS that:
a. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, December 1, 2023. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified;
b. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony;
c. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence; and,
d. On or before Friday, December 22, 2023, the parties shall provide copies of their witness and expert witness statements to the other parties and to the Tribunal’s case coordinator.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.