Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2023
CASE NO(S).: OLT-21-001262
PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant: Sartorio (Sarto) Provenzano
Respondent: Central Lake Ontario Conservation Authority
Subject: Appeal of refusal to grant permission for development
Property Address: 46 West Beach Road, Bowmanville
Municipality: Municipality of Clarington
OLT Case No.: OLT 21-001262
OLT Case Name: Provenzano v. Central Lake Ontario Conservation Authority
Heard: May 25, 2023 Via Video Hearing
APPEARANCES:
Parties
Counsel
Sartorio (Sarto) Provenzano (“Applicant”)
Conner Harris
Central Lake Ontario Conservation Authority (“CLOCA”)
Kenneth Jull Elaine Leal da Silva (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON MAY 25, 2023 AND ORDER OF THE TRIBUNAL
1This was the fourth Case Management Conference (“CMC”) in relation to an appeal pursuant to s. 28(15) of the Conservation Authorities Act of the refusal of the Central Lake Ontario Conservation Authority (“CLOCA”) to issue a permit for the property municipally addressed as 46 West Beach Road located in the Municipality of Clarington.
2At the direction of the Tribunal, given the lengthy procedural history of this matter, the Parties agreed to conduct this CMC in advance of the Merit Hearing. The purpose of this pre-hearing CMC is to review the revised draft Work Plan, to confirm the number of days required for the hearing and address any further preliminary issues that may arise.
3Prior to this CMC the Parties jointly provided a preliminary Hearing Work Plan setting out the anticipated order and schedule of witnesses, estimated time-frame for the evidence in chief, cross-examination and re-examination for all scheduled witnesses as well as the time allotted for opening and closing submissions.
4The Tribunal appreciates that, with the time restrictions and return date for this CMC, the Parties did not have the benefit of the Tribunal’s decision on the preliminary motions heard in writing nor the witness summons issuance. Accordingly, the Parties prepared the Hearing Work Plan based on the information available at that time.
5The Parties agreed to continue to work together regarding meeting the timelines in the Procedural Order and scheduling the examination of any witnesses that will occur prior to the hearing commencing.
MERIT HEARING
6The third CMC scheduled a 12-day video Hearing of Merit of the Appeal to commence at 10:00 a.m. on Monday June 19, 2023, and continue to Thursday July 6, 2023, with the exception of June 30, 2023, and July 3, 2023, on which dates no hearing will be held.
7This Member is not seized.
8No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
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.