Ontario Land Tribunal
Issue Date: December 21, 2023 Case No(s).: OLT-23-000900
Proceeding Commenced Under: subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Tim Ford Subject: Zoning By-law/ Amendment Description: To permit two Additional Residential Units in the existing structure Reference Number: ZN 7-23-03 Property Address: 332 Broadway Municipality/UT: Town of Tillsonburg OLT Case No.: OLT-23-000900 OLT Lead Case No.: OLT-23-000900 OLT Case Name: Ford v. Tillsonburg (Town)
Heard: December 8, 2023 by Video Hearing
Appearances
| Parties | Counsel/Representative* |
|---|---|
| Tim Ford ("Appellant") | Self-represented* |
| Town of Tillsonburg ("Town") | P. Hertz |
| Helen Lamos | Self-represented* |
| John Armstrong | Bill Cuddy* (as authorized representative) |
Memorandum of Oral Decision Delivered by F. Lavoie on December 8, 2023, and Final Order of the Tribunal
Introduction
1This Decision and Order arises from the first Case Management Conference ("CMC") held regarding an appeal filed by Tim Ford pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended in respect of Town Council's refusal of his application for a Zoning By-law Amendment ("ZBA"), to permit two additional residential units on his property municipally known as 332 Broadway.
Procedural Matters
2The Tribunal was in receipt of an Affidavit of Service sworn by Tanya Daniels on November 13, 2023, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.
3The Tribunal received two Party Status requests. Helen Lamos, is a nearby resident who is opposed to the ZBA application. Bill Cuddy attended as an authorized representative on behalf of John Armstrong. Mr. Armstrong's property is adjacent to 332 Broadway, and he is also opposed to the ZBA application. Ms. Lamos and Mr. Armstrong wish to raise safety issues with the redevelopment's proposed additional parking spots.
4Counsel for the Town submits the Town is not taking a position in this Appeal. They also did not take a position as to the Party Status requests. The Appellant did not object to either Party Status request. The Tribunal hereby grants Party Status to Helen Lamos and John Armstrong.
5The Parties advised the Tribunal one day would be sufficient for the Merit Hearing. The Parties advised they do not intend to call any witnesses. The Tribunal directs the Parties to submit a draft Procedural Order and Issues List no later than January 5, 2024.
6The Tribunal scheduled the Merit Hearing by Video Hearing for Thursday, February 22, 2024 at 10 a.m.
7Parties 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/638422541
Access Code: 638-422-541
8Parties 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.
9Persons 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 as indicated above.
10Individuals 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 Video Hearing 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
11THE TRIBUNAL ORDERS the following:
a. Helen Lamos and John Armstrong are conferred Party Status in the proceedings;
b. The Parties, other than the Town, will provide the Tribunal with the draft Procedural Order and Issues List by Friday, January 5, 2024; and
c. A Hearing on the merits will commence by Video Hearing on Thursday, February 22, 2024, at 10 a.m. One day has been set aside for the Hearing.
12The Member is not seized, however, will remain available for case management, subject to the Tribunal's calendar.
"F. Lavoie"
F. LAVOIE 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.