Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 22, 2023
CASE NO(S).: OLT-22-004812
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 798240 Ontario Inc.
Subject: Site Plan
Description: To facilitate the development for a site plan consisting of multiple unit residential condominium buildings
Reference Number: PC22-0017
Property Address: 1500 Northcott Avenue
Municipality: City of Peterborough
OLT Case No.: OLT-22-004812
OLT Lead Case No.: OLT-22-004812
OLT Case Name: Dietrich v. Peterborough (City)
Heard: July 20, 2023 by video hearing
APPEARANCES:
Parties
Counsel
798240 Ontario Inc.
John Ewart
City of Peterborough
Alan Barber
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE AND JACKIE DENYES ON JULY 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) on an appeal filed by 798240 Ontario Inc. (“Applicant/Appellant”) against the City of Peterborough (“City”) regarding Council’s failure to approve a Site Plan agreement concerning 1500 Northcott Avenue (“Subject Lands”).
2The filed Site Plan application dated March 23, 2022, which City staff deemed incomplete, claiming outstanding items as of August 10, 2022. In relation to the Site Plan agreement submitted, is a pending Minor Variance application, which City staff will not process until the Site Plan agreement is completed.
3The Applicant/Appellant appeals the application to the Tribunal on the basis that the Site Plan application is being unduly delayed by the City for failure to deem the Site Plan agreement complete.
4The Tribunal issued a Notice dated June 13, 2023, with a deadline to issue of June 15, 2023, in order to meet the 30-day notice period as required and was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUEST
5In response to the Notice, the Tribunal received no written requests for Party or Participant status at that time.
HEARING
6John Ewart, Counsel for the Applicant/Appellant, requested the scheduling of a two-day hearing. Mr. Ewart advised there are continuing discussions with the City, involving an outside expert in regard to urban design issues, in which they hope to receive by next week, which may resolve the matter.
7Alan Barber, Counsel for the City, confirmed the request for a two-day hearing. Mr. Barber advised, further time will be required to complete a Draft Procedural Order (“DPO”) and Issues List (“IL”). Mr. Barber advised that the appeal is in regards to the Site Plan application, which the City deems incomplete. Mr. Barber advised there are outstanding urban design issues and other issues, including sanitary designs for the site, that need to be resolved.
THE FINALIZATION OF A PROCEDURAL ORDER AND ISSUES LIST
8The Tribunal canvassed the Parties regarding the time needed to prepare a DPO and IL. On consent, the Tribunal directed that the complete DPO be provided to the Case Coordinator no later than Monday, July 31, 2023. Counsel for the Applicant/Appellant will coordinate and provide the DPO to the Tribunal by the appointed date. If this date cannot be achieved, Counsel for the Applicant/Appellant is requested to advise the Case Coordinator as soon as this is reasonably known.
9The Tribunal has received the Final Draft of the Procedural Order (“PO”) including the IL. The Final PO, as approved by the Tribunal, is appended to this Decision and Order as Schedule 1.
MEDIATION
10The Parties were advised that Tribunal-led mediation was available and that they are aware that they may request this mediation at their convenience. Mr. Ewart advised that the Parties have had informal mediation to try and resolve the outstanding issues and appreciate the Tribunal’s offer for mediation.
HEARING DATES
11The Tribunal directs that a two-day Hearing will be held by video, commencing on Thursday, November 9, 2023, at 10 a.m. and continuing Friday, November 10, 2023, at 10 a.m.
12Parties 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/709076365
Access code: 709-076-365
13Parties 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
14Persons 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: 709-076-365.
15Individuals 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.
16No further notice will be given.
ORDER
17The Tribunal Members are not seized but may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.
18The directions, in this Decision, are so ordered.
“Eric S. Crowe”
ERIC S. CROWE
MEMBER
“Jackie Denyes”
JACKIE DENYES
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.
SCHEDULE 1
CASE NO(S).: OLT-22-04877
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 798240 Ontario Inc.
Subject: Site Plan
Description: To facilitate the development for a site plan consisting of multiple unit residential condominium buildings
Reference Number: PC22-0017
Property Address: 1500 Northcott Avenue
Municipality: City of Peterborough
OLT Case No.: OLT-22-004812
OLT Lead Case No.: OLT-22-004812
OLT Case Name: Dietrich v. Peterborough (City)
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on 9 November 2023 at 10 a.m. via video conference.
The parties’ initial estimation for the length of the hearing is two days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before 15 September 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before 3 October 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before 20 October 2023.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before 29 September 2023, the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
Not Applicable.
On or before 31 October 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before 20 October 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 31 October 2023.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
Not Applicable.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
Attachment 1 – The Parties
Applicant(s)/Appellant(s): 798240 Ontario Inc.
Municipality: The Corporation of the City of Peterborough
Attachment 2 – The Issue
- Is the urban design for 1500 Northcott Avenue, as submitted by the Appellant, consistent with the Urban Design Program prepared for Northcott Avenue?