Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 08, 2023
CASE NO(S).: OLT-22-004618
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2374577 Ontario LTD.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of a 9-unit two-storey apartment building
Reference Number: OPA-No.14
Property Address: 4 Bruce Avenue
Municipality/UT: Leamington/Essex
OLT Case No.: OLT-22-004618
OLT Lead Case No.: OLT-22-004618
OLT Case Name: 2374577 Ontario LTD. v. Leamington (Municipality)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2374577 Ontario LTD.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a 9-unit two-storey apartment building
Reference Number: ZBA-No.261
Property Address: 4 Bruce Avenue
Municipality/UT: Leamington/Essex
OLT Case No.: OLT-22-004619
OLT Lead Case No.: OLT-22-004618
Heard: February 21, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2374577 Ontario LTD. | Steven Vitella |
| Municipality of Leamington | Matthew Todd |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON FEBRUARY 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) before the Ontario Land Tribunal, with respect to appeals under subsections 22(7) and 34(11) of the Planning Act by 2374577 Ontario LTD. (“Applicant”) from the refusal by the Council of the Municipality of Leamington (“Municipality”) of applications for an Official Plan Amendment and a Zoning By-Law Amendment (“Applications”) with respect to lands municipally known as 4 Bruce Avenue in the Municipality (“Subject Property”).
2The purpose of the Applications is to facilitate a proposal by the Applicant to permit construction of a two-storey apartment building containing nine (9) units.
3The Tribunal canvassed Counsel who confirmed that there was no issue with service of the Notice of CMC, and as such, no further notice is required. The Tribunal is in receipt of the Affidavit of Service of Falisha Darderian, sworn February 2, 2023, which was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
4In response to the Notice, the Tribunal received no requests for status (Party or Participant). Accordingly, the appeal will proceed with the involvement and participation of the Parties identified above.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
5The Parties did not produce a draft Procedural Order (“PO”) and Issues List (“IL”). The Municipality indicated that Bill 23, More Homes Built Fast Act, 2022 (“Bill 23”) has impacted the Applications in ways that the Municipality is still in the process of evaluating. As such, since discussions between the Parties are ongoing and further instruction from the Municipality is required, the Parties were unable to provide a PO and IL prior to this CMC.
6The Parties asked whether a Hearing could be scheduled at the CMC, after which the Parties could prepare the PO and IL with the Hearing date in mind.
7However, the Tribunal’s calendar is a public resource that must be managed judiciously. The Tribunal advised that, without a PO and IL, it would be unable to schedule a Hearing for the following reasons:
a. The PO indicates the various steps in the process that must be taken before a Hearing can take place, and guides the Parties and the Tribunal with respect to the minimum amount of time needed before the Hearing can be scheduled.
b. The IL indicates the number and type of issues to be addressed at the Hearing, and guides the Parties and the Tribunal regarding the number of days that may be required for the Hearing.
8As such, the Tribunal directed that a draft PO and IL be provided before the Hearing could be scheduled, especially in light of the fact that the nature of the Applications, and the Municipality’s position on them, may have been significantly impacted by Bill 23.
9The Parties agreed with this, and it was determined that a second CMC would be scheduled wherein the Parties would update the Tribunal regarding the nature of the Applications in light of Bill 23 and to address procedural issues with respect to an upcoming Hearing.
10The Tribunal directed that the Parties submit a draft PO and IL for the Tribunal’s review and approval before the second CMC by Thursday, April 6, 2023.
11If the Parties are unable to provide an agreed-upon IL, any unresolved issues can be addressed at the second CMC discussed below.
MEDIATION AND SETTLEMENT
12The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. The Parties advised that they were interested in having these discussions. Moreover, due to Bill 23, these discussions may prove very fruitful.
13The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
SECOND CMC
14As discussed above, a further CMC was scheduled, and is to take place on Thursday, April 13, 2023, at 10 a.m. On that date, Parties are asked to log into the video CMC at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/278736685
Access code: 278-736-685
15Parties 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: +1 (647) 497-9391 or Toll Free 1 888 455 1389. The access code is 278-736-685.
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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the CMC event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
18The Tribunal Orders as follows:
a. The Parties shall submit a draft Procedural Order and Issues List for the Tribunal’s review and approval by Thursday, April 6, 2023; and,
b. A second CMC is scheduled to take place on Thursday, April 13, 2023, at 10 a.m., and one (1) day has been set aside.
19There will be no further notice.
20The Member is not seized, but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE 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.