Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 26, 2023

CASE NO(S).: OLT-23-000157

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Justin Morin

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the rezoning of subject lands from Rural to Highway Commercial to permit all uses in Highway Commercial zone

Reference Number(s): Z-2022-11, By-law No. 2023-8788

Property Address: Mountjoy Concession 5, North Part of Lot 1, Registered Plan 6R-8233, Part 4 (Laforest Road)

Municipality: City of Timmins

OLT Case No.: OLT-23-000157

OLT Lead Case No.: OLT-23-000157

OLT Case Name: Morin v. Timmins (City)

Heard: June 14, 2023 by video hearing

APPEARANCES:

Parties

Counsel*/Representative

Justin Morin

Cameron Grant

Mark Guillemette

Jacob Thompson* Nick Melchiorre* Alyvia Cotter, Articling Student

MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON June 14, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) in respect of an appeal filed by Justin Morin (the “Appellant”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) against the decision of the City of Timmins (“City”) that refused an application to Amend the Zoning By-law (“ZBA”).

2The lands that are the subject of the application are located at the southwest corner of Laforest Road and MacLean Drive legally described as Concession 5, North Part of Lot 1, Registered Plan 6R8233, Part 4, Mountjoy Township (the “Subject Lands”). The Appellant is seeking the approval of the ZBA to facilitate the development and use of the Subject Lands for uses permitted in the Highway Commercial zone, namely a construction yard / contractor’s yard.

3The Tribunal received an Affidavit of Service sworn on May 29, 2023, attesting to the giving of notice of these proceedings in accordance with the directions provided by the Tribunal.

STATUS REQUESTS

4The Tribunal received requests for Party status from Mark Guillemette and Darren Dinel and requests for Participant status from Lisa Lacombe and Pamela Roy.

5In response to questions from the requestors, the Tribunal explained the difference between a Party and Participant and the expectations of a Party in a proceeding before the Tribunal referring to the Tribunal’s Rules of Practice and Procedure.

6Mr. Thompson, on behalf of Mr. Guillemette, requested that the Tribunal grant Party status to Mr. Guillemette as he is an immediate landowner abutting the Subject Lands on the east side and he has an interest in the matter before the Tribunal. Mr. Guillemette resides on his property with his family and Mr. Thompson explained that the proposed use, which currently exists on the Subject Lands, impacts on his residence and the use and enjoyment of his property. Mr. Guillemette intends to lead evidence in opposition to the request before Tribunal.

7Mr. Grant advised that his client does not oppose the granting of Party status to Mr. Guillemette however he raised a concern that Mr. Guillemette currently has his property listed for sale and questioned his interest in the Appeal.

8The Tribunal, having considered the request from Mr. Guillemette, finds that Mr. Guillemette has an interest in the matter and will be impacted by the decision of the Tribunal. The Tribunal is satisfied that Mr. Guillemette’s participation in the proceedings will assist the Tribunal in the effective adjudication of the issues in this proceeding. In respect to the issue of the neighbour’s property being listed for sale, the Tribunal finds that the potential of a sale of the property does not negate the interest that Mr. Guillemette currently has in the matter before the Tribunal. Should Mr. Guillemette sell his property prior to the consideration of this matter by the Tribunal, the Appellant may wish to revisit this matter.

9Mr. Dinel requested that his request for status before the Tribunal be changed from Party to Participant.

10The Tribunal reviewed the requests for Participant status and receiving no objections to the requests from the Parties, the Tribunal grants Participant status to:

a. Lisa Lacombe

b. Pamela Roy

c. Darren Dinel

11The Tribunal noted that the City was not in attendance at the CMC and the Tribunal has received no correspondence from the City advising if they are participating in these proceedings.

12The Tribunal reviewed the expectations of the Parties in relation to the preparation of an Issues List and a draft Procedural Order. The Parties were directed to the Tribunal website and the Case Coordinator for further information on these expectations. The Tribunal further directed that the Parties should be entering into discussions to determine what matters, if any, can be resolved and could potentially lead to a settlement of this matter.

FURTHER CASE MANAGEMENT CONFERENCE

13The Tribunal scheduled a second CMC to be held on Friday, September 15, 2023, at 10 a.m. by video hearing. The purpose of the CMC will be to review a draft Procedural Order and draft Issues List and to schedule a merit hearing for this matter.

14Parties 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:

https://global.gotomeeting.com/join/979388733

Access code: 979-388-733

15Parties 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

16Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 979-388-733.

17Individuals 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 CMC 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.

18The Parties are required to submit a draft Procedural Order and draft Issues List to the Tribunal on or before Friday, September 8, 2023.

19There shall be no further notice required and the Member is not seized of the matter.

ORDER

20THE TRIBUNAL ORDERS THAT a further Case Management Conference is scheduled for Friday, September 15, 2023, commencing at 10 a.m. as set out above in paragraphs [14] to [17] inclusive.

21AND THAT Mark Guillemette is granted Party status in these proceedings.

22AND THAT Lisa Lacombe, Pamela Roy, and Darren Dinel are granted Participant status in these proceedings.

“David Brown”

DAVID BROWN

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.