Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 21, 2023
CASE NO(S).: OLT-22-004763
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Peter Kaufman
Subject: By-law No. 2022-055 – Appeal of Council Decision
Description: To rezone a portion of the subject lands to facilitate the severance of three residential lots
Reference Number: Z-17-21
Property Address: 130 Maple Ridge Rd
Municipality/UT: Georgian Bluffs/Grey
OLT Case No.: OLT-22-004763
OLT Lead Case No.: OLT-22-004763
OLT Case Name: Kaufman v. Georgian Bluffs (Township)
Heard: March 6, 2023, by Telephone Conference Call
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Township of Georgian Bluffs | L. Dean* |
| Peter and Kathryn Kaufman | K. Kaufman |
| Blair and Cherilyn Radbourne | D. Radbourne |
MEMORANDUM OF ORAL DECISION DELIVERED BY Steven Cooke ON March 6, 2023, AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Telephone Conference Call (“TTC”) for the appeal under s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, by Peter Kaufman (the “Appellant”) for the approval of Zoning By-law No. 2022-055 (“ZBLA”) by the Township of Georgian Bluffs (the “Township”).
2The Township approved ZBLA would allow Blair and Cherilyn Radbourne (the “Applicants”) to rezone the property municipally known as 130 Maple Ridge Road (“Subject Lands”) to Residential zoning, that would permit residential development within the envelope of the Subject Lands.
3Ms. Dean, counsel for the Township, wanted to clarify the Issues List (“IL”) and whether if any witness of the Appellant would be called for the one-day Merit Hearing on Thursday, April 6, 2023.
4At the outset of the TCC, the Appellants indicated that they would provide a draft IL to the parties and has been making efforts to secure expert witnesses but has had difficulties in doing so. Mr. Kaufman proposed that he would provide to the Tribunal lay witness testimony and that his spouse would act as his representative. Out of an abundance of caution, Kathryn Kaufman submitted her own request for Party status, that after hearing no objections from the Township was granted by the Tribunal.
5Ms. Dean, understanding that the Appellants are new to the Tribunal process, gave consent to the suggested approach by the Appellants, that Mr. Kaufman could give lay witness evidence in the context of his knowledge to the planning matters before the Tribunal.
6However, Ms. Dean raised concerns that the Township should not be required to call expert witnesses to any non-planning issues if the Appellant was not going to be providing any contrary evidence in the various fields that are not planning issue. Mrs. Kaufman explained that it was their request to keep the issues solely for the purpose of cross examination.
7The Tribunal informed the Appellant that it is their responsibility to call their case and present evidence to the Tribunal on all of the issues they have raised and it is unreasonable for the Appellant to expect that the Township is to endure costs associated in providing expert testimony solely for the purpose of cross-examination.
8The Tribunal directed that the Appellants revise their IL to address planning matters and provide it to the parties. Mrs. Kaufman stated that she understood and would have the revised IL to the Tribunal and all parties by end on the week.
9The Member is not seized other than to continue to assist with case management should any issues arise.
10So Orders the Tribunal.
“Steven Cooke”
Steven Cooke
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.