Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2023
CASE NO(S).: OLT-22-002075
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Sarah Curtosi
Subject: Zoning By-law
Description: Municipally initiated ZBLA to establish regulations on Cannabis Cultivation and Cannabis Production Facilities
Reference Number: BL 21-78
Property Address: Town Wide
Municipality/UT: Clearview/Simcoe
OLT Case No: OLT-22-002075
OLT LeadCase No: OLT-22-002075
OLT Case Name: Curtosi v. Clearview (Township)
Heard: March 21, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Sarah Curtosi (“Appellant”)
Raj Kehar
Township of Clearview (“Township”)
Harold Elston and Carly Emmett
Joan Eakin
Konstantine Stavrakos
Christopher Hoffman
Konstantine Stavrakos
MEMORANDUM OF ORAL DECISION DELIVERED K.R. ANDREWS ON MARCH 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a second Case Management Conference (“CMC”) concerning an appeal of the passing of By-law 21-78 (“By-law”), which purports to regulate cannabis operations in the Township.
SCOPING OF THE MATTER
2The Appeal, as submitted by the Appellant, concerns the application of the By-law on a Township-wide basis. However, at the present CMC, the Appellant confirmed that she is only interested in pursuing the appeal as it relates to her property located at 3001 County Road 124, provided that the passing of the balance of the By-law does not prejudice her site-specific appeal.
3In the interest of scoping the issues, the Tribunal queried the other parties to determine if they would agree to limit the appeal to the Appellant’s property on a without prejudice basis, and they all agreed.
4Counsel for the Township further informed the Tribunal that it had previously contemplated a motion to similarly scope the matter, going as far as filing a Motion Record with supporting Affidavit (in the name of Mara Burton, a Professional Planner, sworn May 19, 2022) to hopefully have the subject By-law passed everywhere but for the Appellant’s property. The Tribunal located the Affidavit and marked it as Exhibit 2.
5The Tribunal then elected to admit the affidavit as sworn written evidence in support of the parties’ joint proposal to scope the matter. Included, as part of the Affidavit, is Mr. Burton’s CV and Acknowledgement of Duties as an Expert. The Tribunal accepted her credentials and qualified her as an expert with consent of the parties.
6In her Affidavit, Mr. Burton opined that the By-law is consistent with the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, conforms to the County of Simcoe Official Plan, and the Township of Clearview Official Plan. With no evidence to the contrary, the Tribunal accepts this evidence and finds same.
7Pursuant to the terms of the below Order, the Tribunal therefore approves the By-law for all lands within the By-law area, except for the Appellant’s lands at 3001 County Road 124, on a without prejudice basis concerning the Appellant’s remaining appeal.
Draft PO
8Upon this finding, the parties agreed that they could substantially scope the proposed issues of the Issues List that had been filed prior to the CMC. The parties further agreed to revise the draft Procedural Order (“PO”) with dates set for a hearing on the merits and provide a revised copy shortly after the CMC.
9The Tribunal received and reviewed the revised draft PO from the parties. The Tribunal finds it acceptable and the proceedings shall be governed by it (see Attachment 1).
HEARING
10Upon request of the parties, the Tribunal set a six (6)-day hearing commencing on Wednesday, September 13, 2023 at 10 a.m. by VH. No further Notice is required for the hearing.
GoTo Meeting: https://meet.goto.com/996288525
Access code: 996-288-525
11Parties 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.
12Parties 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
13Persons 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: +1 (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 996-288-525.
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.
ORDER
15The Tribunal Orders that:
- on the basis of the Affidavit of Mara Burton, sworn May 19, 2022, and on consent of the parties, the Tribunal hereby approves By-law No. 21-78 for all lands within the by-law area with exception to 3001 County Road 124, Township of Clearview, for which a site