Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 06, 2023
CASE NO(S).: OLT-22-004858
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2588732 Ontario Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of four 3.5-storey stacked townhouse blocks containing a total of 116 stacked townhouse units Reference Number: 26OP-16-2201 Property Address: 37 Bartlett Avenue Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-004858 OLT Lead Case No.: OLT-22-004858 OLT Case Name: 2588732 Ontario Ltd. v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2588732 Ontario Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of four 3.5-storey stacked townhouse blocks containing a total of 116 stacked townhouse units Reference Number: 26Z-16-2201 Property Address: 37 Bartlett Avenue Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-004859 OLT Lead Case No.: OLT-22-004858 OLT Case Name: 2588732 Ontario Ltd. v. Grimsby (Town)
Heard: March 24, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2588732 Ontario Ltd. | D. Baker R. Kehar (In absentia) |
| Town of Grimsby | T. Halinski |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON MARCH 24, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was a first Case Management Conference (“CMC”) for the appeals pursuant to s. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, for the failure of the Town of Grimsby (the “Town”) to make a decision within the legislative timeframe for the applications to amend the Town’s Official Plan (“OP”) and Zoning By-law (“ZBL”) for the property municipally known as 37 Bartlett Avenue (‘Subject Lands”).
2The Subject Lands are a 2.38 hectare parcel of land located in the north-east portion of the Town. 2588732 Ontario Ltd. (the “Applicant/Appellant”) has made applications to amend the OP and ZBA in order to redevelop the Subject Lands with four blocks of 3.5-storey stacked townhouse. In total the Applicant is purposing to develop 116 dwelling units.
3The Affidavit of Service signed by Marie Wakefield, attesting to proper notice having been given on February 14, 2023 was filed as Exhibit 1.
STATUS REQUESTS
4Ms. Baker, counsel for the Applicant, informed the Tribunal that they had been in receipt of a potential request for Party status from Phillip Thompson. Neither the Tribunal, nor the Town, had been made aware of the request prior to the beginning of the CMC. Mr. Thompson did not appear at the CMC. It is the duty of a Party to ensure that the Party status request is submitted to all parties and the Tribunal, and that they appear or be represented fully prepared to participate in the Tribunal’s proceedings. The Tribunal was not satisfied that Mr. Thompson has met his obligations, and his request for Party status is denied.
5Three individuals that live in the immediate area of the Subject Lands, made request for Participant status. Hearing no concerns or objections from the statutory parties that Tribunal granted Participant status to:
a. Asad Razzaque
b. David Manual
c. Guy Gelinas
THE CMC
6The parties informed the Tribunal that they have been working cooperatively on a draft Procedural Order (“PO”) and Issues List (“IL”). Parties continue to have conversations to scope the IL and believe that they will be able to provide a finalized draft PO in a timely manner for the Tribunals consideration without scheduling a further CMC. The Tribunal directed that the parties are to submit for its consideration, a draft PO and scoped IL, on or before Friday, April 21, 2023. Should any issues arise, the Tribunal may be spoken to.
7While the parties continue their discussion to resolve as many issues as they can, at this point in time the parties estimate that a maximum of 10-days for the Hearing of the Merits would be appropriate. The Tribunal has scheduled a 9-day Hearing of the Merits to proceed by video hearing at 10:00 a.m., on Tuesday, January 30, 2024.
8Parties 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.
9The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/660885805
Access Code: 680-885-805
10Persons 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.
11Parties 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
12Individuals 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.
13The Member is not seized but for the purpose of case management can be spoken to should any issues arise.
14No further notice is required
15So 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.