Briand v. Lower Thames River Conservation Authority, 2023 CanLII 16822

Tribunal ontarien de l’aménagement du territoire

March 01, 2023

OLT-22-004253

PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C. 27, as amended

Appellant:

Jennifer Briand

Respondent:

Lower Thames River Conservation Authority

Subject:

Appeal of refusal to grant extension of time for permission to construct an accessory building and front porch

Property Address:

1312 Bluff Line, Community of Wheatley

Reference:

462-2019

Municipality:

Chatham-Kent

OLT Case No.:

OLT-22-004253

OLT Case Name:

Briand v. Lower Thames River Conservation Authority

Heard:

January 18, 2023 by Telephone Conference Call ("TCC")

Parties

Counsel

Jennifer Briand

Ashon Simpson

Lower Thames Valley

Michael Gordner

Conservation Authority ("LTVCA"

or the "Respondent")

MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER CAMPBELL ON JANUARY 18, 2023 AND ORDER OF THE TRIBUNAL

1This Decision arises from a Case Management Conference ("CMC") brought before the Ontario Land Tribunal (the "Tribunal") regarding the appeal brought by Jennifer Briand (the "Appellant") of a decision of the LTVCA dated July 18, 2022, denying an extension of time for permission to construct an accessory dwelling and front porch at 1312 Bluff Line, in Wheatley, Ontario. A Procedural Order was not filed prior to the CMC.

2At the CMC, the Parties indicated that there was a strong possibility of settlement, and jointly requested that the matter be referred to mediation with the Tribunal in lieu of proceeding directly to a hearing.

3After further discussion, the Tribunal directed that a formal request for Tribunal-assisted mediation and any inquiries be submitted by the Parties to the Tribunal’s Case Coordinator having carriage of this matter, which will then be reviewed and addressed by the Tribunal.

ORDER

4The Tribunal Orders that a formal request for mediation with the Tribunal and any inquiries be submitted by the Parties to the Tribunal’s Case Coordinator having carriage of this matter, to be reviewed and addressed by the Tribunal.

5Questions prior to any subsequent event in this matter may be directed to the Tribunal’s Case Coordinator having carriage of this case.

6The Member is not seized.

"Jennifer Campbell"

jennifer campbell

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.