Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 15, 2023
CASE NO(S).: OLT-22-000213 OLT-23-000214 OLT-23-000215
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Angelo Pompilio
Subject: By-law No. 2023-012
Description: To amend the Zoning By-law for the Schomberg and Kind City Urban Areas
Reference Number: Z-2022-17 (By-law 2023–012)
Property Address: Town Wide
Municipality: Township of King
OLT Case No.: OLT-23-000213
OLT Lead Case No.: OLT-23-000213
OLT Case Name: Pompilio v. king (Township)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Augustinian Fathers (Ontario) Inc.
Subject: By-law No. 2023-013
Description: To Amend Zoning By-law No. 74-53 being a By-law for the rural area of the township
Reference Number: Z-2022-17 (By-law 2023-013)
Property Address: Town Wide
Municipality: Township of King
OLT Case No.: OLT-23-000214
OLT Lead Case No.: OLT-23-000214
OLT Case Name: Augustinian Fathers (Ontario) Inc. v. King (Township)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Augustinian Fathers (Ontario) Inc.
Subject: By-law No. 2023-014
Description: To amend Section 8.6 of By-law 2022-053
Reference Number: Z-2022-17 (By-law 2023-014)
Property Address: Town Wide
Municipality: Township of King
OLT Case No.: OLT-23-000215
OLT Lead Case No.: OLT-23-000214
Heard: August 8, 2023, by Video Hearing
APPEARANCES:
Parties
Counsel
Angelo Pompilio Augustinian Fathers (Ontario) Inc.
Steven Ferri Quinto Annibale
Township of King
Andrea Skinner
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON AUGUST 8, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting appeals by Angelo Pompilio and Augustinian Fathers (Ontario) Inc. The appeal by Angelo Pompilio arises following the Township of King passing of Zoning By-law Amendment No. 2023-012. The appeals by Augustinian Fathers (Ontario) arose following the Township of King passing of Zoning By-law Amendments No. 2023-013 and 2023-014. After the CMC, the Tribunal received notice that the appeals by the Augustinian Fathers (Ontario) Inc. were withdrawn.
Service of Notice of CMC
2There was no issue with the service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status and motion
3Party status requests were received by Save the Oak Ridges Moraine Coalition, Kingscross Ratepayers Association, and Concerned Citizens of King Township. All three organizations are represented by Donnelly Law. Mr. David Donnelly was present at the CMC.
4In his appeal, the Appellant, Angelo Pompilio, (“Appellant”) claims that the Township of King (Township”) did not have jurisdiction to pass Zoning By-law 2023-12 (“ZBL”). The Appellant and the Town sought to proceed with a motion to determine that issue. Such a motion will affect the issues to be considered at a future merit hearing and what issues a non-appellant party must shelter under. Pursuant to Rule 8.3 of the Tribunal’s Rules of Practice and Procedure, non-appellant parties are required to shelter under the issues raised in the appeal by an appellant party. It would be appropriate for the Tribunal to consider the requests for Party status after the motion regarding the Township’s jurisdiction to pass the ZBL.
5This matter was scheduled for a written motion on the issue of jurisdiction on Wednesday, October 4, 2023, and subsequently adjourned to Wednesday, November 2, 2023. The Parties were in agreement regarding a schedule for the service documents for the motion and did not require an order to that effect. If the Tribunal member determining the motion has questions after reviewing the motion materials, he or she may schedule a Telephone Case Conference with the Parties. A second CMC was scheduled for Wednesday, November 1, 2023, beginning at 10 a.m. was subsequently adjourned due to the re-scheduling of the motion to Wednesday, November 2, 2023. A new CMC date shall be scheduled through the Case Coordinator. No further notice is required for the second CMC. It was anticipated that the issue of consolidation would be considered at the second CMC but given the withdrawal of appeals by Augustinian Fathers (Ontario) Inc. in OLT-23-000214 and OLT-23-000215, it is no longer an issue.
ORDER
6The TRIBUNAL ORDERS that:
A written motion on the issue of jurisdiction shall proceed on Thursday, November 2, 2023.
A second Case Management Conference shall proceed on a date to be scheduled with the Case Coordinator;
No further notice is required; and,
This Member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.