1415747 Ontario Inc. & Lyons Big Tub Resort Marina Ltd. v. Northern Bruce Peninsula, 2023 CanLII 115089

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 01, 2023

CASE NO(S).: OLT-22-003015

PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 1415747 Ontario Inc. & Lyons Big Tub Resort Marina Ltd.

Appellant: The Big Tub Harbour Citizens Committee

Subject: Zoning By-law

Description: Zoning By-Law Amendment 2002-54 to clearly define the Commercial Tour Boat Operation and appropriate zone designation

Reference Number: BL 2022-05

Property Address: Municipality Wide

Municipality: Northern Bruce Peninsula

OLT Case No: OLT-22-003015

OLT Case Name: Lyons Big Tub Resort Marina Ltd, Big Tub Harbour Citizens Committee VS. Northern Bruce Peninsula

Heard: November 21, 2023 by video hearing

APPEARANCES:

Parties

Counsel/Representative

1415747 Ontario Inc. & Lyons Big Tub Resort Marina Ltd (“Appellant”)

Kyle Gossen

The Big Tub Harbour Citizens Committee (“BTHCC”) (“Appellant”)

Eric Davis

Municipality of Northern Bruce Peninsula (“Municipality”)

Nicholas Lovell

INTRODUCTION

1This was a Case Management Conference (“CMC”). There are two Appeals pursuant to s. 34(19) of the Planning Act against the passing of a Zoning Bylaw Amendment No. 2002-54 (“ZBL”) by the Municipality of Northern Bruce (“Municipality”).

21415747 Ontario Inc. & Lyons Big Tub Resort Marina Ltd. (“Lyons”), in its Appeal, seeks some changes to the ZBL as these relate to their properties.

3The Big Tub Harbour Citizens Committee (“BTHCC”), an incorporated entity, appeals inclusion of certain properties in the ZBL as well as issues related to interpretation of the ZBL.

4This Tribunal confirmed the Affidavit of Service, providing notice of this CMC in accordance with the Tribunal’s direction, was marked as Exhibit 1.

PARTY STATUS REQUESTS

5The Tribunal received no Party Status requests related to this matter.

PARTICIPANT STATUS REQUESTS

6The Tribunal granted Participant status to the following nine individuals after a review at the CMC and on consent of the Parties:

Adam Robins;
Danny Coultis;
David Craig;
Kent Wilkens;
Michael Lee;
Robert Rouse;
Tracy Edwards
Tyler Robins and
Doris Jaehrling (on behalf of the Tobermory Chamber of Commerce).

MEDIATION

7The Tribunal noted that Tribunal-led mediation may assist in reducing and/or helping to define the issues in dispute. Information on Tribunal-led mediation can be obtained at any point through the Case Coordinator.

NEXT STEP

8Mr. Gossen advised that the Parties are continuing to address the issues through without-prejudice discussions with the hope of either finding a solution to all the issues or at the least achieving a consensus on the wording of the issues that would form part of the Procedural Order. Mr. Gossen suggested that a written status update will be provided to the Tribunal by the date of Friday, December 22, 2023. Both the Municipality and BTHCC have agreed with this proposal.

9The Tribunal tasked Mr. Gossen to provide the Tribunal with the update on the discussions and with the submission of a draft Procedural Order (“PO”) containing an Issues List (“IL”), on consent, if achieved. Should the discussion fall short of coming to an agreement on the wording of the issues, the Parties may bring a Motion to the Tribunal, may request a further CMC in the early part of 2024 or may seek Tribunal-led mediation to assist in coming to a resolution on wording.

10The Parties indicated that based on the number of witnesses that would provide evidence, a ten day hearing would be in order. It was suggested that, if possible, a start date for the video hearing would be Monday, January 27, 2025.

11A hearing on the merits will commence on Monday, January 27, 2025, at 10 a.m. by video hearing.

GoTo Meeting: https://global.gotomeeting.com/join/719383509

Access Code: 719-383-509

12Parties 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.

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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is indicated above.

14Parties 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

15Individuals 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 Tribunal’s Case Coordinator having carriage of this case.

ORDER

16THE TRIBUNAL ORDERS that:

a. A written Status Update be provided to the Tribunal on or before Friday, December 22, 2023, on discussions surrounding the Procedural Order and Issues List.

b. The Tribunal grants Participant Status to those named above in paragraph 6 in this decision.

c. A hearing will commence on Monday, January 27, 2025, at 10 a.m. by video hearing.

17This Member is not seized but remains available through the Case Coordinator should the need arise.

18No further notice is required.

“D. Chipman”

D. CHIPMAN

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.