Aldridge v. Fort Erie (Town), 2023 CanLII 61501

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 05, 2023

CASE NO(S).: OLT-22-002220 OLT-22-004764

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended

Appellant: 2039505 Ontario Inc. Appellant: Anthony Chiarella Appellant: Crystal Beach Tennis & Yacht Club Appellant: M5V Inc. Appellant: Crystal Bay Cottages Inc. Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. & Rose DiRenzo Appellant: Geoffrey Aldridge Appellant: Marz Homes (Crystal Beach) Inc.

Subject: Proposed Official Plan Amendment No. 56 Municipality: Town of Fort Erie OLT Case No.: OLT-22-002220 OLT Lead Case No.: OLT-22-002220 OLT Case Name: Aldridge v. Fort Erie (Town)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Subject: By-law No. BL 144-2021 Municipality: Town of Fort Erie OLT Case No.: OLT-22-002221 OLT Lead Case No.: OLT-22-002220

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

Applicant and Appellant: M5V Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To rezone the subject lands to construct a 6-block stacked back-to-back townhouse development Reference Number: 350309-0522 Property Address: 0-15850 Rebstock Road Municipality: Town of Fort Erie OLT Case No.: OLT-22-004764 OLT Lead Case No.: OLT-22-004764 OLT Case Name: M5V Inc. v. Fort Erie (Town)

Heard: June 8, 2023, by video hearing

APPEARANCES:

Parties	Counsel
Crystal Beach Tennis & Yacht Club	Nicholas Macos
Crystal Bay Cottages Inc.	Sara J. Premi
3101669 Nova Scotia Company, 1609652 Ontario Ltd. and Rose DiRenzo	Sara J. Premi
M5V Inc.	Rocco Vacca
Geoffrey Aldridge	Self-represented
Marz Homes (Crystal Beach) Inc.	Rebecca Locksley
Town of Fort Erie	Callum Shedden
4407 Erie Road Holding LLC	Brian Duxbury

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JUNE 8, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This decision and order relates to the hearing of the third Case Management Conference (“CMC”) in relation to a number of appeals pursuant to s. 17(24) and 34(19) of the Planning Act (“Act”) against the decisions of the Town of Fort Erie (“Town”) to adopt Official Plan Amendment No. 56 (“OPA 56”) and Zoning By-law Amendment No. 144-2021 (“ZBL 144-2021”). OPA 56 is also known as the Crystal Beach Secondary Plan and the lands subject to this amendment cover an approximate area of 359.4 hectares. There is also M5V Inc.’s appeal under OLT-22-004764 a s. 34(11) matter directed to be heard together with the above matters.

PARTY/PARTICIPANT REQUESTS

2The Tribunal granted Party Status to 4407 Erie Road Holding LLC (“4407”) (owner of an adjacent land to Crystal Bay Cottages Inc.’s (“CBC”) 4409 Erie Road property) in the OLT-22-002220 & OLT-22-002221 appeals after hearing objections from Sara Premi, counsel for CBC. The Tribunal agrees with Brian Duxbury, counsel for 4407, that there are reasonable grounds to grant Party Status under s.17(44.2.2) of the Planning Act. (Oakville (Town), Re 2010 CarswellOnt 7078). 4407, being a land owner in the Crystal Beach Secondary Plan area, has an interest in the outcome of OPA 56 and ZBL 144-2021, as they affect CBC’s proposed eight units development that is adjacent to 4407. There is no prejudice to Parties as the hearing date has not been scheduled yet and the Procedural Order has not been finalized. The Tribunal reminded counsel of the sheltering requirements under Rule 8.3 of the Tribunal’s Rules of Practice and Procedure for the non-appellant party, 4407.

3Faith Blacquiere was granted Participant Status in all the above listed appeals, by the Tribunal, after objections were heard from M5V Inc.’s counsel, Rocco Vacca. The Tribunal finds that Ms. Blacquiere’s participation may be beneficial to the Tribunal as she was a former resident of the area who still has a relative and friends living in the neighbourhood that will be impacted. As a professional researcher, she brings with her a unique perspective on the factual intensification in the area.

4The Tribunal was informed by the Town’s counsel, Callum Shedden, that discussions are ongoing, but mediation is not likely to be undertaken by the Parties anytime soon.

PROCEDURAL ORDER/ISSUES LIST

5Counsels have provided a draft Procedural Order (”PO”) and Issues List (“IL”) of existing Appellants who have supplied their respective issues except for the Appellant, Marz Homes (Crystal Beach) Inc. With the inclusion of the added Party, it is appropriate for the draft PO to be amended and the IL updated for which a new CMC date will be scheduled.

6The next CMC is intended to allow the Town’s Notice of Motion dated June 2, 2023 to bring into force OPA 56 and the ZBL 144-2021 except for lands under appeal, to be further reviewed by Appellants and the added Party. The Tribunal has directed Parties to file affidavits by each Party’s respective planning witness, in response to the motion, either in support or in opposition to the motion, as they deem fit, before the motion comes up for hearing at the next CMC scheduled.

7The Tribunal scheduled a further CMC which will proceed by video on Tuesday, July 18, 2023, at 10 a.m.

8Parties 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/687587165

Access Code: 687-587-165

9Parties 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.

10Persons 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 (647) 497-9373. The access code is as indicated above.

11Individuals 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.

12Parties are to submit the draft PO and IL(s) to the Case Coordinator at least two weeks before the next CMC i.e. by July 4, 2023.

13At the next CMC, the PO and IL are to be finalized. The Town’s Notice of Motion will be heard at the CMC and Parties are directed to file their respective affidavits in reply to the Motion either in support or in opposition to the motion as Parties deem fit and in good time. Any request for matters to be heard together should be brought before the panel at the CMC.

ORDER

14The Tribunal orders that:

4407 Erie Road Holding LLC is granted Party Status in OLT-22-002220 and OLT-22-002221.
Faith Blacquiere is granted Participant Status in all the above listed appeals.
The Parties shall file a draft Procedural Order and Issues List with the Case Co-ordinator by July 4, 2023.
A CMC date is scheduled on Tuesday, July 18, 2023 at 10 a.m. by video hearing.
The Parties are to update the Tribunal on the status of the appeals, settlement (if any), and to be prepared to finalize the Procedural Order at the next Case management Conference (“CMC”).
The Town’s Motion will be heard at the next CMC.

15The Member is seized for the Notice of Motion.

“T.F. Ng”

T.F. NG

MEMBER

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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.