Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 18, 2023
CASE NO(S).: OLT-22-004290, OLT-22-003499
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: JEG Home Solutions Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To facilitate the development of 6 townhouse units
Reference Number: 2-05-22
Property Address: 30 South Edgeware Road
Municipality/UT: City of St. Thomas
OLT Case No: OLT-22-004290
OLT Lead Case No: OLT-22-003499
OLT Case Name: JEG Home Solutions Inc. v. St. Thomas (City)
Heard: January 13, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| JEG Home Solutions Inc. | Amy Dale |
| City of St. Thomas | Analee Baroudi |
| George Dean | Philip Morrissey |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JANUARY 13, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) for the appeal, held as a Video Hearing.
At the first CMC heard on December 5, 2022, two appeal matters were dealt with under s. 53(19) and s. 34(11) of the Planning Act). Pursuant to Bill 23, the s.53(19) third party appeal of George Dean was dismissed.
2The Tribunal then granted party status to George Dean and participant status to Mila Powers in the the remaining s. 34(11) appeal before the Tribunal.
STATUS/SCHEDULING
3Ms. Dale, counsel for JEG Home Solutions Inc. (“Appellant”) stated that the Zoning By-law Amendment matter will proceed to hearing and a Draft Procedural Order (“PO”) with an Issues List have been circulated. Counsels focused on Attachment 2 (Issues List) where Issue No. 2 of an amended list was targeted for deletion. Mr. Morrissey counsel for the party George Dean relented after speaking on the phone with the party’s planner. City of St. Thomas (“City”) counsel, Ms. Baroudi concurred with the deletion. The Tribunal directed that the amended Issues List agreed at the CMC will be included in Attachment 2 and also the PO.
4The parties were in agreement on scheduling a hearing for this matter. The Appellant intends to call two witnesses and subpoena the city planner; the party, Mr. Dean will have two witnesses and the City will not call any witness. Parties requested three days for a hearing of the merits.
5The Tribunal will fix a three-day (3-day) hearing for the Appeal as requested.
6Parties are directed to forward the PO with all timelines filled in, together with the Issues List, to the Case Coordinator on or before Friday, January 27, 2023.
MEDIATION
7When the Tribunal broached the subject of mediation, Counsels responded that the Parties are amenable and may seek Tribunal-led mediation, if deemed necessary, after filing the PO, with the Case Coordinator.
HEARING DETAIL
8The Video Hearing is scheduled to proceed from Wednesday, October 4 to Friday, October 6, 2023 as follows:
Wednesday, October 4, 2023 to Friday, October 6, 2023 at 10 a.m. GoTo Meeting: https://meet.goto.com/558205565
Access code: 558-205-565 Audio-only line: +1 (647) 497-9373 (Toll Free: 1-888-299-1889) Audio-only access code: 558-205-565
9Parties 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.
10Parties 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
11Persons 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.
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.
ORDER
13The Tribunal orders as follows:
a. The Video Hearing is scheduled for 3 days, from Wednesday, October 4, 2023 to Friday, October 6, 2023.
14The Parties shall provide the Procedural Order to the Case Coordinator on or before Friday, January 27, 2023. The Procedural Order shall govern the proceedings.
15There will be no further notice.
16The Member is not seized.
“T.F. Ng”
T.F. NG
MEMBER
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.