Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 14, 2023
CASE NO.:
OLT-23-000960
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Brad Billings
Subject:
Proposed Official Plan Amendment
Description:
To provide additional land use policy and new zoning provisions regarding the regulation of Short Term Rentals
Reference Number:
OPA # 1
Property Address:
Entire Municipality
Municipality/UT:
Sioux Narrows-Nestor Falls/
OLT Case No:
OLT-23-000960
OLT Lead Case No:
OLT-23-000960
OLT Case Name:
Billings v. Sioux Narrows-Nestor Falls (Township)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Zoning By-law
Reference Number:
ZBL 03/23
Property Address:
Entire Municipality
Municipality/UT:
Sioux Narrows-Nestor Falls/Kenora
OLT Case No:
OLT-23-000961
OLT Lead Case No:
OLT-23-000960
BEFORE:
M.A. SILLS
Thursday, the 14th
VICE-CHAIR
day of December, 2023
THE TRIBUNAL ORDERS that the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on March 14, 2024. The Tribunal has set aside 2 (two) day(s) for the hearing.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
SCHEDULE A
Procedural Order
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on March 14, 2024 at 10:00 a.m. The Tribunal has scheduled the hearing for one (1) day at this time.
The parties’ initial estimation for the length of the hearing is two (2) days. The parties have narrowed the issues as much as possible upon consent and no settlement of the remaining issues is possible.
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, the other parties and to the OLT Case Coordinator a list of the witnesses and the order in which they will be called. This list must be delivered on or before January 19, 2024. 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.
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. Copies of this must be provided as in section [13]. 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.
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 as in section [13]. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in section [12].
On or before January 29, 2024, a participant shall provide copies of their written participant statement to the other parties and the OLT Case Coordinator. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before January 29, 2024, the parties shall provide copies of their non-expert witness statements to the other parties and to the OLT Case Coordinator.
On or before February 20, 2024, the parties shall provide copies of their expert witness statements to the other parties and to the OLT Case Coordinator.
On or before February 16, 2024, the parties shall confirm with the Tribunal if all reserved hearing dates are still required.
Expert witnesses in the same field shall have a meeting on or before February 28, 2024, to try to resolve or reduce the issues for the hearing. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties and the OLT Case Coordinator.
The parties may provide to all other parties and file with the OLT Case Coordinator a written response to any written evidence within ten (10) days after the evidence is received.
On or before March 1, 2024, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT Case coordinator on or before February 4, 2024.
The parties shall prepare and file a hearing plan with the Tribunal on or before February 6, 2024, with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
Documents may be delivered by personal delivery, registered or certified mail or email, or otherwise as the Tribunal may direct. The delivery of documents by email shall be governed by the Tribunal’s Rules (Rule 7) on this subject. Material delivered by mail shall be deemed to have been received five business days after the date of registration or certification.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
Attachment 1
LIST OF PARTIES AND PARTICIPANTS
- PARTIES
Counsel
- Brad Billings Cody Fraser
715 Hewitson Street, Suite 2000
Thunder Bay, ON P7B 6B5
- Sioux Narrows-Nestor Falls Chantelle Bryson
1113 Jade Court, Suite 102
Thunder Bay, On P7B 6M7
- PARTICIPANTS
Attachment 2
ISSUE LIST
- Do the ZBA and OPA conform with the Sioux Narrow-Nestor Falls Official Plan (OP)? In particular:
a. Do they comply with the OP Policy 3.2.4?
b. Do they comply with the OP Policy 4.1.1?
c. Do they comply with the OP Policy 4.1.2?
d. Do they comply with the OP Policy 4.1.3?
Attachment 3
ORDER OF EVIDENCE
- Appellant
- Township
- Appellant Reply, if any