Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 2023
CASE NO(S).: OLT-21-001104 OLT-22-004428
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Ontario Greenhouse Vegetable Growers
Subject: By-law No. 17-21
Municipality: Municipality of Leamington
OLT Case No.: OLT-21-001104
OLT Lead Case No.: OLT-21-001104
OLT Case Name: Ontario Greenhouse Vegetable Growers v. Leamington (Mun.)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Ontario Greenhouse Vegetable Growers
Subject: Proposed Official Plan Amendment
Description: To permit a variety of housing types in both the settlement and agricultural areas of the Municipality
Reference Number: OPA 8 – 37-2021-003
Property Address: Municipality-wide
Municipality/UT: Municipality of Leamington/County of Essex
OLT Case No.: OLT-22-004428
OLT Lead Case No.: OLT-22-004428
OLT Case Name: Ontario Greenhouse Vegetable Growers v. Essex (County)
Heard: July 14, 2023 via video-hearing
APPEARANCES:
Parties
Counsel
Ontario Greenhouse Vegetable Growers (“Appellant”)
Steven O’Melia
Corporation of the Municipality of Leamington (“Leamington”) County of Essex
Piper Morley and Rick Coburn David Sundin
MEMORANDUM OF ORAL DECISION DELIVERED BY N. EISAZADEH ON JULY 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) in respect of an appeal filed by Ontario Greenhouse Vegetable Growers (the “Appellant”) against Leamington’s (the “Municipality”) Zoning By-law No. 17-21 (“ZBL 17-21”), which was passed to implement the Municipality’s Official Plan Amendment No. 8 (“OPA 8”). It was heard together with the first Case Management Conference in respect of the appeal filed by the Appellant against the Municipality’s OPA 8. Both the ZBL 17-21 and OPA 8 relate to minimum standards for boarding houses and farm worker dwellings, a matter of interest to the Appellant.
2The two subject appeals have a long history leading up to this appearance. As part of that history, the Parties advised the Tribunal that they have participated in Tribunal-led mediation, which was unsuccessful in resolving the issues in dispute. Accordingly, the Parties are agreed that they are now in a position to set dates for the two appeals to proceed to a hearing on their merits.
AFFIDAVIT OF SERVICE
3The Tribunal was advised by the Municipality and County, respectively, that there are no issues with their service of the notices of these CMCs in either of the two appeals. The Tribunal received the Affidavit of Service of Meaghan Davies, affirmed on June 20, 2023, in the ZBL appeal, which was marked as Exhibit 1. The Tribunal also received the Affidavit of Service of David Sundin, affirmed on June 15, 2023, in the OPA appeal, which was marked as Exhibit 2.
ORDER FOR CONSOLIDATION
4On consent of the Statutory Parties, an Order was sought that the two appeals, bearing OLT File Numbers OLT-21-001104 and OLT-22-004428, be consolidated. The Tribunal is satisfied that there is sufficient commonality and overlapping of issues between the two matters involving the same Parties to warrant such an Order, and so grants the Order that the two appeals be consolidated and heard together.
STATUS REQUESTS
5The Tribunal and Statutory Parties received no requests seeking Party or Participant status. Accordingly, the appeals will proceed to be heard on their merits with the participation of only the Statutory Parties.
MERIT HEARING
6The Parties advised that they have been collaborating on a final draft Procedural Order (“PO”) and Issues List (“IL”); however, they required some additional time to finalize the documents. Accordingly, the Parties have undertaken, and the Tribunal has directed, that a final PO, inclusive of IL, shall be filed with the Tribunal by 5 p.m. on Friday, July 28, 2023.
7Having reviewed the possible number of witnesses and scope of issues described by the Parties, the Tribunal ordered and set a 15-day hearing by video, commencing at 10 a.m. on Monday, April 15, 2024.
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:
GoTo Meeting: https://meet.goto.com/370987861
Access Code: 370-987-861
9Parties 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is the same as the access code noted 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 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.
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Partis indicated there were none.
13There will be no further notice.
14The presiding Tribunal Member is not seized.
15So Orders the Tribunal.
“N. Eisazadeh”
N. Eisazadeh
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.