Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 6, 2023
CASE NO(S).: OLT-22-003499
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: George Dean
Applicant: JEG Home Solutions Inc.
Subject: Consent
Description: To facilitate the development of 6 townhouse units
Reference Number: B01/22
Property Address: 30 South Edgeware Road
Municipality/UT: City of St. Thomas
OLT Case No.: OLT-22-003499
OLT Lead Case No.: OLT-22-003499
OLT Case Name: Dean v. St. Thomas (City)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: George Dean
Applicant: JEG Home Solutions Inc.
Subject: Consent
Reference Number: B02/22
Property Address: 30 South Edgeware Road
Municipality/UT: City of St. Thomas
OLT Case No.: OLT-22-003500
OLT Lead Case No.: OLT-22-003499
PROCEEDING COMMENCED UNDER subsection 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
Heard: December 5, 2022 by video hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| George Dean ("Appellant") | Philip Morrissey |
| JEG Home Solutions ("Applicant") | Amy Dale |
| City of St. Thomas | Analee Baroudi |
memorandum of oral DECISION DELIVERED BY S. Mann on december 5, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal are two appeals in connection with a proposed development at 30 South Edgeware Road in the city of St. Thomas ("Subject Property"). The first appeal is under subsection 34(11) of the Planning Act ("Act"), by JEG Home Solutions ("JEG") with respect to a decision by the City of St. Thomas ("City") to refuse an application for a zoning by-law amendment in order to create a town house development at the Subject Property ("ZBA Appeal"). The second appeal is by George Dean ("Appellant") under subsection 53(19) of the Act in regard to the approval of a consent in order to create a new lot in connection with the proposed development ("Consent Appeal").
Service of Notice of CMC
2There was no issue with service of the Notice of this Case Management Conference ("CMC"), and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
preliminary matters
3As a preliminary matter to the Hearing, Amy Dale, counsel to JEG raised the preliminary matter that as a result of Bill 23, the More Homes Built Faster Act, 2022 ("Bill 23") receiving royal assent on November 28, 2022, that the third party appeal by the Appellant has been deemed dismissed by the new legislation. Analee Baroudi, counsel for the City was in agreement.
4In regard to third-party appeals under Bill 23, the legislation is clear that third-party appeals under subsections 17(24), 17(36), 34(19), 45(12), 53(19) and 53(27) will only be permitted by certain "specified persons" and public bodies who made oral submissions at the public meeting or written submissions to the municipal council. The legislation contains a transitional period permitting third-party appeals scheduled prior to October 25, 2022.
5The Appellant does not meet the definition of specified person as outlined under Bill 23, nor was the appeal scheduled prior to October 25, 2022. As a result, the Consent Appeal by the Appellant is hereby dismissed.
6Counsel for the Appellant, Philip Morrissey accepted the Tribunals decision on the Consent Appeal but contended that the ZBA Appeal, should be reconsidered by City Council before moving further. Council for both JEG and the City were in agreement. Counsel to the City has agreed to seek instructions from the City and report back to the Tribunal at a second CMC.
Requests for Status
7On consent of the parties, the Tribunal granted the Appellant George Dean, Party status in regard to the ZBA Appeal.
8Mila Powers was granted Participant status in regard to the ZBA Appeal on consent.
MEDIATION AND SETTLEMENT
9The Tribunal explored the possibility of mediation and settlement with the parties. The parties indicated that they would consider such, once City Council has had a chance to consider Bill 23 and its impact on the ZBA Appeal.
PROCEDURAL ORDER AND ISSUES LIST
10The Tribunal has not received a draft Procedural Order from the parties. The parties will consider drafting of the Procedural Order once City Council has considered the impact of Bill 23 on the ZBA Appeal.
HEARING
11Upon request of the parties, the Tribunal set a second CMC commencing on January 13, 2022 at 10 a.m. by VH. No further Notice is required for the Hearing.
12Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
13Parties 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.
14Persons 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 519-389-173.
15Individuals 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 VH 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
16The Tribunal Orders as follows:
The Appeal by George Dean under subsection 53(19) of the Planning Act is dismissed.
George Dean is granted Party Status.
Mila Powers is granted Participant Status.
The date and particulars of the second case management conference are set out above; and
There will be no further notice and the Member is not seized.
"S. Mann"
S. MANN
MEMBER
Ontario Land Tribunal
Website: www.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.