Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 16, 2023

CASE NO(S).: OLT-22-002806 (Formerly PL170547)

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

Applicant and Appellant: Helen Kszan

Subject: Minor Variance

Variance from By-law No.: 79-14

Property Address/Description: Concession 3, Lot 16 & 17 (4827 Vaughan Rd.)

Municipality: Township of West Lincoln

Municipal File No.: A5/2017WL

OLT Case No.: OLT-21-002806

Legacy Case No.: PL170547

OLT Lead Case No.: OLT-21-002806

Legacy Lead Case No.: PL170547

OLT Case Name: Kszan v. West Lincoln (Township)

Heard: May 10, 2023, by Video Hearing (“VH”)

APPEARANCES:

Parties

Helen Kszan (“Appellant/Applicant”)

Township of West Lincoln (“Township”)

Counsel

Arkadi Bouchelev

Thomas A. Richardson and Sam Greenlaw (student-at-law)

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON MAY 10, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The present hearing was scheduled as a two-day merit hearing concerning a minor variance application appeal. The hearing was originally scheduled to be heard on February 10, 2023, but it was adjourned for the reasons set out in the Tribunal’s decision issued February 15, 2023.

2At the commencement of the present day’s hearing, the Parties informed the Tribunal that they are seeking another adjournment, this time because a settlement appears to be imminent. The Tribunal notes that the Parties confirmed that settlement is very promising, but they have not had time to perform various due diligence to fully confirm agreement, and some ‘tweaking’ may be required.

3The Tribunal considered the request and granted the additional adjournment because the Tribunal finds that the subject matter of this particular case, on its face, poses significant challenges from a resolution standpoint. As a result, the Tribunal finds that it is reasonable that it has taken an unusually lengthy amount of time to reach a settlement. The Tribunal notes that, if this was a more straightforward case, the request would probably be denied.

4The Tribunal finds that it is prudent to schedule another two-day merit hearing, as opposed to a single-day settlement hearing, out of an abundance of caution, just in case the current settlement being considered between the Parties does not fully materialize. In the event that settlement is fully reached, however, the Tribunal expects the Parties to confirm same with the Tribunal, forthwith, and advise that the second day may be released.

HEARING

5Upon request of the Parties, the Tribunal rescheduled the two (2)-day merit hearing to commence on Thursday, July 20, 2023 at 10 a.m. by VH. No further Notice is required for the hearing.

6The hearing is scheduled to proceed by video as follows:

GoTo Meeting: https://global.gotomeeting.com/join/638422541

Access code: 638-422-541

7Parties 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.

8Parties 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

9Persons 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 as indicated above.

10Individuals 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

11The Tribunal Orders that the date and particulars of the rescheduled hearing are set out above.

12The Member is not seized but may be spoken to if any issues arise.

“K.R. Andrews”

K.R. ANDREWS 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.