Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 29, 2023
CASE NO(S).: OLT-22-004551
PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Applicant/Appellant: Brent Peebles
Subject: Refusal to grant permission to construct a single-family dwelling
Description: To permit the construction of a single-family dwelling
Reference Number: 1491/21/VAUG, Date of Decision: Sep.19.22
Property Address: 270 Stegman's Mill Road (Village of Kleinburg)
Municipality/UT: Vaughan / York
Respondent: Toronto and Region Conservation Authority
OLT Case No: OLT-22-004551
OLT Lead Case No: OLT-22-004551
OLT Case Name: Peebles v. Toronto Region Conservation Authority
Heard: March 15, 2023, by teleconference hearing
APPEARANCES:
Parties
Counsel
Brent Peebles
Arkadi Bouchelev
Toronto Region and Region Conservation Authority
Tim Duncan
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM AND HUGH S. WILKINS ON MARCH 15, 2023
1The Tribunal convened the first Case Management Conference (“CMC”) for the above-noted matter. The Applicant proposes to build a single-family dwelling of a unique architectural structure in the Usonian style (associated with architect Frank Lloyd Wright). On September 19, 2022, the Toronto and Region Conservation Authority (TRCA) issued a decision refusing the application. The Appellant appealed this decision to the Ontario Land Tribunal on October 14, 2022.
2The purpose of this CMC is to determine if there are additional persons or organizations who seek Participant or Party status, review overall progress, review a draft Procedural Order (“PO”), finalize an Issues List (IL), investigate opportunities for mediation/settlement and establish a plan for a potential Merit Hearing.
3The statutory Parties are Brian Peebles and the Toronto Region Conservation Authority. No other requests for Party status were received.
4No requests for Participant Status were received.
5The TRCA provided the Tribunal with a draft PO and an IL prior to the CMC. The Appellant indicated that time was required to review the IL as presented and requested a second CMC be scheduled to allow for review and finalization.
6The Parties advised that no discussions have occurred regarding settlement and/or mediation, but both are willing to have such discussions. Both indicated that there may be some opportunity to narrow the issues through this means.
7The Tribunal engaged the Parties in a discussion about next steps in this process which included expectations for a second CMC and details required for planning a potential hearing. It was determined that there are still several outstanding items that need to be addressed, including the finalization of the IL, before setting a hearing date and schedule.
8The Tribunal directed that a second CMC will be held. The purpose of the second CMC will be to finalize the draft PO and IL and schedule a hearing. The Tribunal directed the Parties to file a draft Procedural Order and Issues List with the Tribunal by the end of the day on Monday, April 24, 2023, for consideration at the second CMC.
9A second CMC will be held on Wednesday, April 26, 2023, commencing at 9:00 a.m. by video hearing.
10Parties and Participants 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.
11The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/996288525
Access Code: 996-288-525
12Persons 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.
13Parties 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
14Individuals 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.
15There will be no further notice.
16The Members are not seized.
“Gregory J. Ingram”
GREGORY J. INGRAM
MEMBER
“High S. Wilkins”
HUGH S. WILKINS
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.