Ontario Land Tribunal
ISSUE DATE: November 15, 2023
CASE NO(S).: OLT-22-002153 (Formerly PL170374)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Daniel & Laura Binnie
Subject: Application amend Zoning By-law No. 2005-133 - Refusal of Application by City of Kawartha Lakes
Existing Zoning: Oak Ridges Moraine Core Area (ORMCA) Zone
Proposed Zoning: Oak Ridges Moraine Core Area Exception** (ORMCA-**) Zone
Purpose: To permit a single detached dwelling
Property Address/Description: Vacant Land on Gray Road
Municipality: City of Kawartha Lakes
Municipality File No.: D06-17-003
OLT Case No.: OLT-22-002153
Legacy Case No.: PL170374
OLT Lead Case No.: OLT-22-002153
Legacy Lead Case No.: PL170374
OLT Case Name: Binnie v. Kawartha Lakes (City)
Heard: October 11, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Daniel and Laura Binnie | Kyle Gossen |
| City of Kawartha Lakes | Denitza Koev |
DECISION DELIVERED BY F. Lavoie and G.A. Croser AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the withdrawal of the Applicants’ appeal brought pursuant to subsection 34(11) of the Planning Act, in respect of the City of Kawartha Lakes (the “City”) refusal to pass a Zoning By-Law Amendment (“ZBA”) providing an exemption from the requirement of frontage on an improved public road to permit a single detached dwelling on the subject vacant lands.
2The withdrawal was provided to the Tribunal on the eve of the scheduled three-day merit hearing of the appeal. The Tribunal requested the Parties attend the hearing to confirm the Applicants' withdrawal and to instruct the Parties on the Tribunal’s Rules and Procedures with respect to costs.
CITY’S REQUEST TO STRIKE DOCUMENTS
3Before the withdrawal of the appeal by the Applicants, counsel to the City sent the Tribunal a request to strike two letters sent to the Tribunal by co-counsel to the Applicants, Arthur Ronald Cork, dated October 10 and 11, 2023. Counsel to the City objected to the filing of these letters on the basis that, among other things, the contents include confidential and without-prejudice discussions subject to settlement privilege.
4As the appeal is withdrawn, it is unnecessary to rule on whether the aforementioned documents could be introduced as evidence during the hearing. However, all documents in a file are publicly available unless deemed otherwise by the Tribunal. Since the hearing date, the City has confirmed in writing that it will not be seeking its costs in preparing for the appeal. As there will be no written costs motion and this file is closed, the Tribunal is of the opinion that the documents contain information regarding matters of such a nature that the interest of the City outweighs the desirability of adhering to the principle that documents filed in a proceeding be available to the public. Accordingly, pursuant to Rule 22.2 of the Tribunal’s Rules and Procedure, the Tribunal orders the letters be treated as confidential.
ORDER
5THE TRIBUNAL ORDERS the City’s request to strike Mr. Cork’s two letters is dismissed, and that Arthur Ronald Cork’s two letters are to be treated as confidential.
“F. Lavoie”
F. Lavoie
MEMBER
“G A Croser”
G. A. CROSER
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.