Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 30, 2023
CASE NO(S).: OLT-23-000275
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2794857 Ontario Inc.
Subject: Application to amend the Zoning By-law –Appeal of decision
Description: To facilitate the development of a commercial refueling station for transport trucks
Reference Number: 350309-0516
Property Address: 13365 Pettit Road
Municipality: Town of Fort Erie
OLT Case No.: OLT-23-000275
OLT Lead Case No.: OLT-23-000275
OLT Case Name: 2794857 Ontario Inc.v. Fort Erie (Town)
Heard: November 16, 2023 by video hearing
APPEARANCES:
Parties
Counsel
2794857 Ontario Inc.
Michael Cara Justine Reyes
Town of Fort Erie
Andrea Skinner Tom Halinski, in absentia
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON NOVEMBER 16, 2023 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) conducted relating to an appeal brought pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the Town of Fort Erie’s (“Town”) refusal of an application for a Zoning By-law Amendment (“ZBA”). The appeal was filed by 2794857 Ontario Inc. (“Appellant”) regarding the property located at 13365 Pettit Road (“Subject Property”).
2The Subject Property is currently vacant. The proposed ZBA would amend Town By-law 129-90 to identify a commercial refueling station as a permitted use and permit site-specific development standards to facilitate the redevelopment of the Subject Property with a card locked commercial refueling station.
3On December 11, 2020, the Appellant filed the ZBA application with the Town and subsequently, Town Staff recommended approval. On February 27, 2023, Town Council refused the ZBA application, and the Appellant appealed to this Tribunal.
4On July 12, 2023 the Tribunal held the first CMC in this matter where Party status was granted to Molto Bello Investments Inc. and a second CMC was scheduled to allow Parties additional time to continue settlement discussions. The Parties were directed to attend the second CMC prepared to either present the Tribunal with a settlement or, if settlement discussions were not successful, present the Tribunal with a draft Procedural Order (“PO”) and Issues List (“IL”) and be prepared to set hearing dates.
5On September 20, 2023, Molto Bello Investments Inc. filed a letter with the Tribunal withdrawing its Party status.
OPPORTUNITIES FOR SETTLEMENT
6In advance of the CMC, the Appellant advised the Tribunal that a settlement proposal (“Revised Proposal”) had been submitted to the Town, reviewed by Town Council at its meeting on November 6, 2023 and was ultimately not accepted by the Town.
7One day prior to the CMC, the Tribunal was advised that the Town had retained Andrea Skinner and Tom Halinski as Counsel. Counsel for the Town explained that they would be attending the upcoming Town Council meeting on November 27, 2023 in order to seek directions relating to the appeal and the possibility of Tribunal-led mediation.
8Counsel for the Appellant advised that productive discussions had been engaged in between the Parties since the filing of the appeals and that he would also seek instructions from the Appellant regarding potential mediation.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
9In advance of the CMC, the Parties submitted a draft PO and IL which were revised following the first CMC.
10Counsel for the Town submitted that the IL would be further revised to include references to relevant policies and to respond to the Revised Proposal that was recently presented by the Appellant to the Town. Counsel for the Town advised that instructions regarding the IL would be sought at the upcoming Town Council meeting on November 27, 2023.
11Counsel for the Appellant undertook to submit to the Tribunal a final revised PO and IL for review and approval on or before December 5, 2023.
HEARING DATES
12The Appellant requested that the Tribunal schedule a seven (7) day hearing for the appeal and submitted that it intends to call approximately three witnesses. The Town anticipated that the hearing would take between 7 and 10 days and confirmed that it would also be calling approximately three witnesses. The Parties agreed that they did not anticipate that the scoping of the IL would impact the number of witnesses or hearing dates required.
13Upon review of the possible number of witnesses and possible scoping of the IL, the Tribunal scheduled an 8-day video hearing commencing Monday March 25, 2024 and continuing to and including Friday April 5, 2024. The Tribunal will not sit on Friday March 29, 2024 and Monday April 1, 2024.
14Parties 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:
GoTo Conference Link: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
15Parties 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
16Persons 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 same as mentioned above.
17Individuals 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
18The Tribunal orders that the hearing in this matter is scheduled for eight (8) days commencing on Monday March 25, 2024. The Tribunal will not sit on Friday March 29, 2024 and Monday April 1, 2024.
19The Tribunal directs the Appellant to submit to the Case Coordinator a final draft Procedural Order and Issues List on or before December 5, 2023.
20The Tribunal confirms receipt of Molto Bello Investments Inc.’s withdrawal and it is no longer a Party to the proceedings.
21The Tribunal further confirms the change in Counsel for the Town of Fort Erie.
22The Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
23No further notice will be given.
“C. Hardy”
c. hardy
MEMBER
Ontario Land Tribunal
Website: 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.