Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 05, 2023
CASE NO(S).: OLT-22-004544
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant 1: Good Neighbours Tiny
Appellant 2: Tiny Township Association of Responsible STR Owners
Subject: Zoning By-law No. 22-061
Description: To amend Zoning By-law 22-061 to establish policies for Short-Term Rental Accommodations
Reference Number: 22-061
Property Address: Township-wide
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-22-004544
OLT Lead Case No.: OLT-22-004544
OLT Case Name: Good Neighbours Alliance of Tiny v. Tiny (Township)
Heard: March 22, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Good Neighbours Tiny
Steve Saltsman
Tiny Township Association of Responsible STR Owners
Jonathan Nehmetallah
Township of Tiny
Sarah Hahn and Matthew Hodgson
MEMORANDUM OF ORAL DECISION DELIVERED SHARYN VINCENT ON MARCH 22, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) to organize appeals filed by Good Neighbours Tiny (“Good Neighbours”) and Tiny Township Association of Responsible STR Owners (“Responsible STR Owners”), two associations formed to specifically address the recent enactment of Zoning By-law No. 22-061 which incorporates provisions to regulate short term rental accommodations across the Township. The Affidavit of Service was filed and marked as Exhibit1.
2The By-law implements the policies of the related Official Plan Amendment 2 (By-law 22-060) which is subject to a single appeal by Good Neighbours, and which is scheduled for a first CMC March 23, 2023 (OLT 22-004778).
3Good Neighbours and the Responsible STR Owners are also Appellants to the recently approved Comprehensive Zoning By-law for the Township, By-law No. 22-075, which imports the provisions regulating short term rentals enacted in By-law No. 22-061, and which is scheduled for a first CMC together with three other site specific appeals, on March 24, 2023 (OLT 22-004716)
4There were no other requests for party or participant status relevant to this matter.
5Given the general nexus of parties and the issues as set out in the appeals related to the amendments addressing STRs, the Tribunal canvassed the Parties with respect to their thoughts on the most efficient organization of the appeals, and subject to further submissions at the upcoming case management conferences, the Tribunal directed that the appeals related to STRs involving By-laws No. 22-060 (OPA 2), By-law No. 22-061 (zoning provisions to implement OPA 2) and subsections 2.28, 3.8.1, and 7.0 of By-law No. 22-075 (the Comprehensive Zoning By-law) would be heard together. Counsel for the Responsible STR Owners advised that he would have to seek direction from his client with respect to the hearing format and draft issues.
6The parties were tasked with preparing a draft Procedural Order (“PO”), complete with Issues List on that basis, with a view to crystalizing the PO at the upcoming CMC scheduled for March 24, 2023.
7Mr. Saltsman on behalf of the Good Neighbours Tiny advised that the alliance had not yet formalized their case strategy and was unable to advise the Tribunal as to whether any witnesses would be proffered, other than lay witnesses. The Tribunal extended its standard caution that repetition does not improve the merit of an argument and urged the group, as guidance in the development of their case strategy, to seriously consider the obligations of an Appellant Party, particularly as the singular Appellant to the OPA.
ORDER
8THE TRIBUNAL HEREIN ORDERS the Parties to prepare a draft PO, complete with Issues List, with an update to be provided at the proceeding scheduled for March 24, 2023.
9The Member is seized to continue to case management this, and the cited related appeals.
10No further notice is required.
“Sharyn Vincent”
Sharyn vincent
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.