Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 17, 2023
CASE NO(S).: OLT-22-003244
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 407-419 Mapleview Inc. & Encore Group
Subject: Zoning By-law
Description: To permit the development of 46 townhomes
Reference Number: By-law 2022-009
Property Address: 407, 411, 413, 417 & 419 Mapleview Drive
Municipality/UT: Barrie/Simcoe
OLT Case No.: OLT-22-003244
OLT Lead Case No.: OLT-22-003244
OLT Case Name: 407-419 Mapleview Inc. and Encore Group v. Barrie (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 407-419 Mapleview Inc. & Encore Group
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 46 townhomes
Reference Number: D30-003-2020
Property Address: 407, 411, 413, 417 & 419 Mapleview Drive
Municipality/UT: Barrie/Simcoe
OLT Case No.: OLT-22-003245
OLT Lead Case No.: OLT-22-003244
APPEARANCES:
Parties
Counsel
407-419 Mapleview Inc. and Encore Group
Paul De Melo
City of Barrie
Peter Krysiak
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY JATINDER BHULLAR
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on April 6, 2023, is hereby amended.
2By deleting paragraph [20] from the Decision:
20Pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order shall be, and was, effective as of the date of the hearing of this Appeal, and the delivery of the Oral Decision and Order of the Tribunal, on September 8, 2022.
3And replacing it with the following:
20Pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order shall be, and was, effective as of the date of the hearing of this Appeal, and the delivery of the Oral Decision and Order of the Tribunal, on October 11, 2022.
4In all other respects the Tribunal’s Decision remains the same.
“Jatinder Bhullar”
JATINDER BHULLAR
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.