Courville v. North Grenville (Municipality), 2023 CanLII 80601

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 01, 2023

CASE NO(S).: OLT-23-000064

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

Appellant: Gary Courville

Applicant: Ottawa Valley Developments

Subject: By-Law 99-22

Description: Zoning By-Law Amendment to permit approximately 168 residential units in 3 separate 4 storey apartment buildings

Reference Number: ZBA-10-22

Property Address: 215 Reuben Crescent, former Town of Kemptville

Municipality/Upper Tier: North Grenville/United Counties of Leeds and Grenville

OLT Case No.: OLT-23-000064

OLT Lead Case No.: OLT-23-000064

OLT Case Name: Courville v. North Grenville (Municipality)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant: Gary Courville

Applicant: Ottawa Valley Developments

Subject: By-Law 100-22

Description: Official Plan Amendment to permit a maximum density of 110 units per hectare at the subject property

Reference Number: LOPA-MNG-2022-02

Property Address: 215 Reuben Crescent, former Town of Kemptville

Municipality/Upper Tier: North Grenville/United Counties of Leeds and Grenville

OLT Case No.: OLT-23-000338

OLT Lead Case No.: OLT-23-000064

OLT Case Name: Courville v. North Grenville (Municipality)

Heard: August 10, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Gary Courville

Michelle Cicchino

Municipality of North Grenville United Counties of Leeds Grenville

Tony Fleming

Ottawa Valley Developments

Greg Meeds

MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON AUGUST 10, 2023 AND ORDER OF THE TRIBUNAL

1This first Case Management Conference (“CMC”) was conducted for the appeal by Gary Courville (“Appellant”) of the approval of the Municipality of North Grenville (“Municipality”) following an application for a Zoning By-law Amendment (“ZBA”) and an Official Plan Amendment (“OPA”) (collectively the “Applications”) to permit the proposed development on the property at 215 Reuben Crescent, in the Town of Kemptville, Municipality of North Grenville (“Subject Property”).

2The Subject Property is the location of the former Kemptville Public School. The property is an irregularly shaped lot with broken frontage of 49 metres (“m”) on Reuben Crescent and a depth of approximately 112 m. It has an area of 1.52 hectares (“ha”). Eight residential dwellings are north of the Subject Property consisting of a bank of five townhouse dwellings, a single residence and two dwellings. A church is located at the corner of Reuben Crescent and Prescott Street, northeast of the Subject Property. To the east, six dwellings are located adjacent to the Subject Property, all with frontage on Prescott Street. Two subdivisions are located south of the Subject Property. A park is located west and north of the Subject Property. North of the Subject Property, and fronting onto the north side of Reuben Crescent, are the North Grenville Curling Club and an additional six dwellings.

3Prior to the Applications, the Subject Property was designated in the Municipality of North Grenville’s Official Plan (“MOP”) as “Urban Service Area” and “Residential” and zoned “Institutional” under the Municipality of North Grenville’s Comprehensive Zoning By-law 50-12 (“ZBL”).

4The ZBA rezoned the Subject Property from “Institutional” to “Residential – Fourth Density – exception zone – holding (R4-15-h)”, to permit the development of 168 residential apartment dwellings in three buildings and to vary side yard setbacks and requirements for amenity space. The OPA allowed for an increase in the overall density up to 110 units per hectare from 45 units per hectare on the Subject Property.

5The Affidavit of Service sworn on July 11, 2023, was marked as Exhibit 1. No further notice is required.

6No requests for Party Status were received.

7No requests for Participant Status were received.

8Ms. Cicchino, on behalf of the Appellant, requested the OPA appeal (Tribunal File No. OLT-23-000338) be consolidated with the ZBA appeal (Tribunal File No. OLT-23-000064) in keeping with Rule 16 of the Ontario Land Tribunal Rules of Practice and Procedure (“Rules”). All parties consented to these two files being consolidated The Tribunal agrees.

9The Tribunal was informed that the Parties have been actively working on an Issues List (“IL”) and developing a Procedural Order (“PO”). It is their intention to continue such discussions.

10The Tribunal requested that a draft PO be submitted, on consent, to ensure that the issues of all Parties are included and that the appropriate dates for the exchange of documents and meetings of expert witness are reflected. The Applicant was directed to submit the draft PO before Friday, August 25, 2023, to the Case Coordinator.

11The Parties were reminded of the availability of Tribunal assisted mediation and are further reminded that they may reach out to the Case Coordinator for assistance, should they wish to avail themselves of this resource in the future.

12Having the benefit of receiving the submitted revised draft PO from the Appellant prior to the issuance of this Decision and having examined the IL attached to the PO, the Tribunal deems the attached PO to be in force and effect to govern the proceedings at the hearing of the merits scheduled below. Any changes to the PO will require the approval of the Tribunal.

13Based on the discussions during the CMC regarding the scope of the issues and the expected number of witnesses each Party will rely on, the Tribunal determined that it would be reasonable to schedule the hearing for five days.

14The 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 Parties indicated there were none.

15A five-day hearing of the merits is scheduled to commence at 10 a.m. on Monday, December 11, 2023, by Video Hearing.

16Parties 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://global.gotomeeting.com/join/765631861

Access code: 765-631-861

17Parties 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

18Persons 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 765-631-861.

19Individuals 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.

ORDER

20THE TRIBUNAL ORDERS the directions contained in this Decision.

21Tribunal File Nos. OLT-23-000064 and OLT-23-000338 are hereby consolidated in keeping with Rule 16 of the Ontario Land Tribunal Rules of Practice and Procedure – Consolidation.

22The Procedural Order, appended to this Decision as Schedule 1, is approved and in force and effect.

23There will be no further notice.

24The Member is not seized and may be spoken to through the Tribunal’s Case Coordinator if there are any issues with respect to the implementation of this Order.

“W. Daniel Best”

W. DANIEL BEST

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.

Schedule 1

CASE NO(S): OLT-23-000064

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

Appellant: Gary Courville

Applicant: Ottawa Valley Developments

Subject: By-Law 99-22

Description: Zoning By-Law Amendment to permit approximately 168 residential units in 3 separate 4 storey apartment buildings

Reference Number: ZBA-10-22

Property Address: 215 Reuben Crescent, former Town of Kemptville

Municipality/Upper Tier: North Grenville/United Counties of Leeds and Grenville

OLT Case No.: OLT-23-000064

OLT Lead Case No.: OLT-23-000064

OLT Case Name: Courville v. North Grenville (Municipality)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant: Gary Courville

Applicant: Ottawa Valley Developments

Subject: By-Law 100-22

Description: Official Plan Amendment to permit a maximum density of 110 units per hectare at the subject property

Reference Number: LOPA-MNG-2022-02

Property Address: 215 Reuben Crescent, former Town of Kemptville

Municipality/Upper Tier: North Grenville/United Counties of Leeds and Grenville

OLT Case No.: OLT-23-000338

OLT Lead Case No.: OLT-23-000064

OLT Case Name: Courville v. United Counties of Leeds and Grenville

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on December 11, 2023, at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is five 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.

4. The parties and participants identified at the case management conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. 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.

6. The order of evidence shall be as set out in Attachment 4 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.

7. 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.

8. 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

9. 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 September 27, 2023, and in accordance with paragraph 19 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.

10. Expert witnesses in the same field shall have a meeting on or before November 11, 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 November 16, 2023.

11. 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.

12. 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.

13. On or before October 12, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

14. On or before October 12, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 19 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before November 11, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before November 27, 2023, the parties shall provide copies of their visual evidence to all the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by October 26, 2023, 14 days after the evidence is received and in accordance with paragraph 23 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 27, 2023.

19. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before November 27, 2023.

20. 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.

21. 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before December 6, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time during the hearing.

23. 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 Tribunal’s Rule 7.

24. 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 - SUMMARY OF DATES

Date

Event

September 27, 2023

Exchange of Witness Lists and CVs

October 12, 2023

Exchange of Witness Statements/Expert Reports

Participant Statements Due

October 26, 2023

Reply Witness Statements Due

November 11, 2023

Meeting of Expert Witnesses

November 11, 2023

Parties to Confirm if all Hearing Dates Required

November 16, 2023

Agreed Statement of Facts and Issues Due

November 27, 2023

Joint Document Book Due

Copies of Visual Evidence Due

December 6, 2023

Preliminary Hearing Plan Due

ATTACHMENT 2 - PARTIES AND PARTICIPANTS

PARTIES

Party Name

Contact Information

Applicant – Ottawa Valley Developments Counsel – Greg Meeds

Vice & Hunter LLP 85 Plymouth Street, Suite 101, Ottawa, ON, K1S 3E2 Tel: 613-232-5773 ext. 237 Email: dgmeeds@viceandhunter.ca

Appellant – Gary Courville Counsel – Michelle Cicchino / Michael Polowin

Gowling WLG (Canada) LLP Suite 2600, 160 Elgin Street Ottawa ON K1P 1C3 Canada Tel: +1 613 783 8814 / 613 786 1058 Email: Michelle.Cicchino@gowlingwlg.com / Michael.Polowin@gowlingwlg.com

3

Municipality of North Grenville / United Counties of Leeds and Grenville Counsel – Tony Fleming / Spencer Putnam

Cunningham, Swan, Carty, Little & Bonham LLP Suite 300, 27 Princess Street Kingston, ON K7L 1A3 Tel: (613)-544-0211 ext. 8096 / (613)-546-8098 E-mail: tfleming@cswan.com / sputnam@cswan.com

PARTICIPANTS

None.

ATTACHMENT 3 - ISSUES LIST

1. Are the proposed Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) consistent with the policies of the Provincial Policy Statement (“PPS”, 2020) as amended from time to time, including, but not limited to, sections 1.1.1, 1.1.3.2, 1.1.3.3, 1.1.3.4, and 1.8.1?

2. Does the proposed OPA and ZBA conform to the directions and policy of the United Counties of Leeds and Grenville Official Plan (“County OP”), including, but not limited to, section 2.1(d), 2.2(e), 2.3.1, 2.3.2(e), 2.4.1(a)(c) and 2.4.2(e)?

3. Does the proposed OPA and ZBA conform to the directions and policy of the North Grenville Official Plan, including, but not limited to, sections 2.2.3, 2.2.4, 2.4.5, 2.5.2, 10.2.2, 10.2.4, 10.2.6.1, 10.2.6.2, 10.2.6.3, 10.2.6.6, 10.2.6.7, 10.2.7, 13.1, 13.2.7.5 and 14.2?

4. Does the proposed OPA and ZBA permit a development that would meet the purpose and intent of the Zoning By-law?

5. Does the proposed ZBA appropriately regulate matters related to setbacks, density, massing, scale, and amenity space?

6. Are the proposed conditions for removing the Holding Zone symbol appropriate, including with respect to municipal servicing including, but not limited to, PPS 1.6.6 and County OP section 6.3, and North Grenville Official Plan 2.5.4.1(c)(d)(f), 12.9?

7. Does the proposed OPA and ZBA permit a development that is supported by the transportation network and is transit-supportive?

8. Does the proposed OPA and ZBA represent appropriate and good land use planning and are they in the public interest?

ATTACHMENT 4 - ORDER OF EVIDENCE

Appellant

Municipality

Applicant

Appellant’s Reply if any