CORRECTION NOTICE
OLT CASE NO(S).: OLT-22-004218
DECISION ISSUE DATE(S): February 2, 2023
CORRECTION NOTICE ISSUE DATE: February 17, 2023
RE: Riwoche Society v. Kawartha Lakes (City)
Correction to: Paragraph 10, on page 3, Call In Information for Video Hearing
Originally:
Corrected to:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Audio-Only Telephone Line:
1-888-299-1889 OR +1 (647) 497-9373
Access Code: 519-389-173
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Audio-Only Telephone Line:
1-888-455-1389 OR +1 (647) 497-9391
Access Code: 442-599-157
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ISSUE DATE:
February 2, 2023
CASE NO(S).:
OLT-22-004218
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Riwoche Society
Subject:
Zoning By-law
Description:
To permit a religious educational centre and place of worship (temple), including sleeping accommodations
Reference Number:
By-law 2022-117
Property Address:
344 Old Mill Road
Municipality/UT:
Kawartha Lakes/Kawartha Lakes
OLT Case No:
OLT-22-004218
OLT Lead Case No:
OLT-22-004218
OLT Case Name:
Riwoche Society v. Kawartha Lakes (City)
Heard:
January 25, 2023 by Video Hearing
APPEARANCES:
Parties:
Counsel:
Riwoche Society
Marisa Keating
Jennifer Evola (in absentia) Raivo Uukkivi (in absentia)
City of Kawartha Lakes
Jennifer Biggar
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JANUARY 25, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Riwoche Society (“Appellant”) has filed an appeal against the City of Kawartha Lakes (“City”) council’s passing of Zoning By-law No. 2022-117 contending among other matters, that it does not provide adequate permissions for the Appellant’s development nor reflect the maximum floor areas depicted on the Appellant’s August 6, 2021, submissions. The Subject Property is known municipally as 344 Old Mill Road, in the City.
2The Affidavit of Service on file was marked as Exhibit 1.
Participant Status Request
3One Participant status request by Patti Kramp, a neighbour, was received and the Tribunal granted her participant status without objections.
Draft Procedural Order
4Counsel explained that parties are in the midst of discussions and are arranging for respective experts to meet prior to filing a Draft Procedural Order (“PO”). In the meantime, counsel for the parties have agreed between themselves that a four-day hearing will be sufficient. They requested that a hearing be scheduled.
5The Tribunal declined to schedule a hearing but instead, fixed a case management date for the parties to report on the discussions and status of the appeal since there was no draft PO nor an issues list submitted.
Mediation
6The Tribunal inquired whether parties would look into tribunal-led mediation. Counsels replied that they have no instructions at present to do so.
DISPOSITION
7The Tribunal will schedule a CMC, during which Parties will update the Tribunal on the status of discussions and the status of the Appeal at the CMC.
8The Tribunal directs the Appellant and the City to submit a PO with an attached Issues List to the Case Coordinator by Thursday, March 16, 2023.
CASE MANAGEMENT
9A CMC is scheduled to commence on Thursday, March 30, 2023, at 10 a.m. by Video Hearing.
10Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Audio-Only Telephone Line: 1-888-299-1889 OR +1 (647) 497-9373
Access Code: 519-389-173
11Parties 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
12Persons 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 noted above.
13Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
14The Tribunal Orders that:
- A Case Management Conference will commence at 10 a.m. by Video Hearing on
Thursday, March 30, 2023;
The Parties are to forward a PO with the Issues List to the Case Coordinator on or before, Thursday, March 16, 2023;
The Parties shall be ready to finalize the PO at the next CMC.
15No further notice will be given.
16The Member is not seized.
17It is so ordered.
“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.