Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 12, 2023
CASE NO(S).: OLT-22-004746
PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: Niagara Home Builders’ Association
Subject: Passing of Parkland Dedication By-law No. 2022-149
Property Location/Description: Entire Municipality
Municipality: City of Welland
OLT Case No.: OLT-22-004746
OLT Lead Case No.: OLT-22-004746
OLT Case Name: Niagara Home Builders’ Association v. Welland (City)
Heard: June 1, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Niagara Home Builders’ Association | Jennifer Meader |
| City of Welland | Brendan O’Callaghan |
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON June 1, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) related to an appeal brought by the Niagara Home Builders’ Association (“Appellant”) pursuant to s. 42(4.9) of the Planning Act, (“Act”) of the decision of the City of Welland (“City”) Council to approve Parkland Dedication By-law No. 2022-149.
2The Tribunal provided notice of this hearing.
3The Parties indicated that settlement discussions are underway, and on that basis a draft Procedural Order and Issues List had not been provided to the Tribunal prior to this CMC.
4The Parties jointly requested that the Tribunal schedule a second CMC.
5The Tribunal scheduled a second CMC by Video Hearing for Friday October 27, 2023 commencing at 10 a.m.
6Parties 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:
GoTo Conference Link: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
7Parties 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
8Persons 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 638-422-541.
9Individuals 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.
10The Parties were advised that the Tribunal hearing dates are a scarce resource that must be effectively used, therefore, the Parties are to either request that the CMC be converted to a Settlement Hearing or provide a draft Procedural Order and Issues List by Friday October 20, 2023.
11The Parties were reminded of the availability of Tribunal led mediation and that they may contact the Case Coordinator at their convenience to arrange a Mediation Assessment.
ORDER
12THE TRIBUNAL ORDERS that:
a. The Parties either request that the second CMC be converted to a Settlement Hearing or submit a draft Procedural Order and Issues List by Friday October 20, 2023.
b. A second CMC be held by Video Hearing at 10 a.m. on Friday October 27, 2023.
13This Member is not seized but shall remain available to assist in the ongoing case management of this matter, subject to the Tribunal’s scheduling requirements.
14No 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.