CORRECTION NOTICE
OLT CASE NO(S).:
OLT-22-004497
DECISION ISSUE DATE(S):
March 27, 2023
CORRECTION NOTICE ISSUE DATE:
April 28, 2023
RE: Irish v. Grimsby (Town of)
Correction to: incorrect designation of Grimsby (Town of) in the TOPs, and: the date of the hearing in paragraph 24.
Originally:
Corrected to:
(TOPs): Municipality/UT: City of Grimsby/ Niagara Region
(TOPs): Municipality/UT: Town of Grimsby/ Niagara Region
[24] THE TRIBUNAL ORDERS that four (“4”) days be scheduled for the Merit Hearing, commencing on Tuesday, November 12, 2023, at 10:00 am, as set out in the details above.
[24] THE TRIBUNAL ORDERS that four (“4”) days be scheduled for the Merit Hearing, commencing on Tuesday, November 14, 2023, at 10:00 a.m., as set out in the details above.
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ISSUE DATE:
March 27, 2023
CASE NO(S).
OLT-22-004497
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Lisa and Rudy Irish
Subject:
Minor Variance
Description:
To permit Minor Variances to facilitate the new development and severances on three (3) lots
Reference Number:
A37-22
Property Address:
292 Main Street West
Municipality/UT:
City of Grimsby/Niagara Region
OLT Case No:
OLT-22-004497
OLT Case Name:
Irish v. Grimsby (Town of)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Lisa and Rudy Irish
Subject:
Consent
Description:
To create a vacant new lot facing main street
Reference Number:
B03-22
Property Address:
292 Main Street West
Municipality/UT:
City of Grimsby/Niagara Region
OLT Case No:
OLT-22-004559
OLT Lead Case No:
OLT-22-004497
OLT Case Name:
Irish v. Grimsby (Town of)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Lisa and Rudy Irish
Subject:
Consent
Description:
To create a second new lot at the rear of the property
Reference Number:
B04-22
Property Address:
292 Main Street West
Municipality/UT:
City of Grimsby/Niagara Region
OLT Case No:
OLT-22-004561
OLT Lead Case No:
OLT-22-004497
OLT Case Name:
Irish v. Grimsby (Town of)
Heard:
March 01, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Lisa and Rudy Irish
Scott Snider
Anna Toumanians
Town of Grimsby
Tom Halinski
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS AND DAVID BROWN ON MARCH 1, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) with respect to appeals filed by Lisa and Rudy Irish (the “Appellant”) pursuant to s. 45(12) and s. 53(19) of the Planning Act, R.S.O. c. P.13, as amended, (the “Act”) against decisions of the Committee of Adjustment for the Town of Grimsby (the “Town”) which refused an Application for Consent and associated minor variances and a further appeal against conditions imposed on a Provisional Consent. The lands that are the subject of the appeals are municipally known as 292 Main Street West (the “Subject Lands”).
2The Appellant filed two Applications for Consent and an Application for Minor Variance to facilitate the severance of two new residential building lots and retain the existing dwelling on the remnant parcel. The Application for Minor Variance sought relief from performance standard deficiencies arising from the proposed Consents, including: lot frontage, lot coverage, rear yard setbacks, and an existing accessory structure location.
3The Tribunal received a request for both Party status and Participant status from Caryn Pushka, a neighbouring property owner.
4After considering the difference between a Party and a Participant, Ms. Pushka withdrew her request for Party status and continued with her request for Participant status.
5The Parties expressed no objection to the Request for Status and the Tribunal conferred Participant Status to Ms. Pushka.
6No other Requests for status were received by the Tribunal.
7Mr. Halinski confirmed that the Town has recently issued a Notice of Intention to Designate (“NOID”) for 292 Main Street West under Part IV, s. 29 of the Ontario Heritage Act. A copy of this Notice was subsequently filed with the Tribunal.
8Mr. Snider advised that his clients will be appealing the NOID in respect of the Subject Lands (the “Heritage Appeal”) and requested that the appeals which are the subject of this CMC be consolidated, as provided for in Rule 16 of Tribunal Rules of Practice and Procedure (the “Rules”), when the Heritage Appeal is received by the Tribunal.
9The Parties proffered that the consolidation of the Heritage Appeal with the current appeals before the Tribunal would allow for similar and overlapping witnesses and evidence being entered efficiently at one hearing event, thus eliminating the need for a separate hearing.
10The Tribunal, in consideration of the request to consolidate the Heritage Appeal with the subject appeals, reviewed Rule 16.1, which states:
The Tribunal may order that two or more proceedings or any part of them, be consolidated, heard at the same time, or heard one after the other, or stay or adjourn any matter until the determination of any other matter, subject to any applicable statutory or regulatory restrictions.
11Further, the Tribunal considered s. 9(2) of the Ontario Land Tribunal Act, 2021, which states:
The Tribunal may include in an order conditions that it considers fair in the circumstances, including a condition that the order comes into force at a future fixed time or on the performance of terms imposed by the Tribunal.
12In consideration of the above, the Tribunal finds the consolidation of the appeals is appropriate to achieve a fair, just, expeditious and cost-effective consideration of the matters before the Tribunal.
13The Tribunal further finds that the Tribunal cannot consolidate the matters until such time as the Heritage Appeal is received. The Tribunal therefore grants the consolidation on the condition of receipt of the Heritage Appeal.
14Should the Heritage Appeal not be received by the Tribunal by Friday, July 7, 2023, the Appellant shall update the Tribunal on the status of the Heritage Appeal and the Tribunal may convene a further CMC to address the status of the consolidation.
15The Parties provided a draft Procedural Order including an Issues List on consent for consideration by the Tribunal. The Panel raised concerns with the broadness of the issues presented and directed that the Parties work together to further scope the issues in order to facilitate an efficient hearing process.
16The Parties were directed to provide a finalized Procedural Order including a scoped Issues List to the Tribunal no later than Tuesday, August 1, 2023.
17The Parties submitted that four days would be required to consider the merits of the appeal.
18The Tribunal scheduled a 4-day Hearing, to commence by video on Tuesday, November 14, 2023, at 10:00 a.m.
19Parties and participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/558205565
Access code: 558-205-565
20Parties and participants 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.
21Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 558-205-565.
22Individuals 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.
ORDER
23THE TRIBUNAL ORDERS that status as a Participant is granted to Caryn Pushka.
24THE TRIBUNAL ORDERS that four (“4”) days be scheduled for the Merit Hearing, commencing on Tuesday, November 12, 2023, at 10:00 am, as set out in the details above.
25THE TRIBUNAL ORDERS that the finalized Procedural Order be filed with the Tribunal no later than Tuesday, August 1, 2023.
26THE TRIBUNAL ORDERS that the subject appeals are consolidated with the Heritage Appeal pursuant to Rule 16.1 of the Tribunal Rules of Practice and Procedure, subject to receipt of the Heritage Appeal to be filed by the Appellant in respect of the Subject Lands.
27THE TRIBUNAL ORDERS that, in the event that the Heritage Appeal has not been received by the Tribunal by Friday, July 7, 2023, the Appellant shall update the Tribunal in writing as to the status of the Heritage Appeal and the Tribunal may convene a further CMC to address consolidation request at that time.
28No further notice will be provided.
29The Panel is not seized of this matter.
30The Panel may be spoken to, subject to the Tribunal’s schedule, to assist in procedural matters, including finalizing of the Issues List and the Consolidation of the Heritage Appeal.
“Astrid J. Clos”
ASTRID J. CLOS
MEMBER
“David Brown”
DAVID BROWN
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.