Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 12, 2023

CASE NO(S).: OLT-23-000864

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

Appellant: The Corporation of the City of Sarnia

Applicant: 2858946 Ontario Inc.

Subject: Zoning By-law

Description: To permit a residential townhouse development on the lands known as the Marina Lands

Reference Number: Z-01-023

Property Address: Exmouth Street Marina Lands

Municipality/UT: Point Edward/Lambton

OLT Case No: OLT-23-000864

OLT Lead Case No: OLT-23-000864

OLT Case Name: Sarnia (City) v. Point Edward (Village)

Heard: December 8, 2023 by video hearing

APPEARANCES:

Parties

Counsel

City of Sarnia

B. Engell R. Kalar

Village of Point Edward

P. Lombardi

2858946 Ontario Inc.

A. Baroudi

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON DECEMBER 8, 2023 AND ORDER OF THE TRIBUNAL

1This first Case Management Conference (“CMC”) was convened for the City of Sarnia’s (“Appellant”) appeal to a Zoning By-law Amendment passed by the Village of Point Edward (“Village”) for the proposed townhouse development of 2858946 Ontario Inc. (“Applicant”) in the area known as the Exmouth Street Marina Lands.

2No concerns for Notice of this CMC were raised. The Village’s affidavit of service for Notice was marked as Exhibit 1.

3With the consent of the statutory Parties, being the Appellant and the Village, the Tribunal granted Party status to the Applicant.

4No requests for Participant status were filed.

5The Applicant and the Village advised that while discussions are underway on a possible settlement, they request that a one-day Motion Hearing be scheduled for their proposed Motion to Dismiss the appeal. The Appellant does not oppose such scheduling provided that it may be converted to a settlement hearing if achieved. On consent of the Parties, the Tribunal scheduled the Motion Hearing below and directed the Parties to advise the Tribunal if a settlement is reached and request that such settlement be heard on the scheduled date.

6The Parties are aware that Tribunal-led mediation is available should mediation be helpful in reducing issues or achieving a settlement.

7A Procedural Order with Issues List may be pursued, if needed, at a future CMC, subject to the outcome of any Motion or settlement discussions.

8A Motion Hearing is scheduled for Thursday, March 14, 2024 at 10 a.m. by video hearing:

9Parties 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:

https://global.gotomeeting.com/join/909787981

Access code: 909-787-981

10Parties 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

11Persons 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: +1(647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is as indicated above.

12Individuals 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.

13The timing and content of Motion materials will be filed in accordance with the Tribunal’s Rules of Practice and Procedure.

14There will be no further notice and this Member is not seized.

ORDER

15The Tribunal Orders its directions as set out above.

“S. Tousaw”

S. TOUSAW VICE-CHAIR

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.