Ed Yohanna v. Township of Wainfleet, 2023 CanLII 41841

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 10, 2023

CASE NO.: OLT-21-001444

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Ed Yohanna

Subject: Minor Variance

Property Address/Description: 11033 Lakeshore Road

Variance from By-law: 034-2014

Municipality: Township of Wainfleet

Municipal File No.: A11/2021W

OLT Lead Case No.: OLT-21-001444

OLT Case No.: OLT-21-001444

OLT Case Name: Yohanna v. Wainfleet (Township)

BEFORE:

Wednesday, the 10^th^

MICHAEL KRALJEVIC

CHAIR

day of May, 2023

THIS IS A MATTER of the appeal filed by Ed Yohanna (“Appellant”), under subsection 45(12) of the Planning Act, of the Township of Wainfleet (“Township”) Committee of Adjustment’s refusal of applications for minor variances;

AND WHEREAS THE TRIBUNAL issued its Decision on January 9, 2023.

AND WHEREAS the Appellant filed a request for review (“Request”), pursuant to s. 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure (“Rules”), that seeks to review and reconsider the Decision;

AND WHEREAS THE CHAIR after having reviewed the Request, determined that the Request meets the threshold established under Rule 25.7 to warrant a review to set aside the Decision for the reasons set out in his letter of disposition dated May 4, 2023.

ACCORDINGLY, THE TRIBUNAL HEREBY ORDERS that:

The Decision issued on January 9, 2023 is hereby set aside and rescinded.
The Appeal in this matter will be re-heard by a differently constituted panel of the Tribunal in accordance with the Chair’s letter of disposition.

All of which are ordered pursuant to my authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure.

“Euken Lui”

EUKEN LUI

REGISTRAR

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.