Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 05, 2023
CASE NO(S).: OLT-23-000297
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended:
Applicant/Appellant: L&W Properties Ltd.
Subject: Plan of Subdivision – Appeal of Conditions of Draft Plan Approval
Reference Number: 42T-2008-10B 42-CDM-2008-10A
Property Address/Description: 139 Brophys Lane
Municipality: The Blue Mountains
OLT Case No.: OLT-23-000297
OLT File No.: OLT-23-000297
OLT Case Name: L & W Properties Ltd. v The Blue Mountains (Town)
Heard: August 14, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| L & W Properties Ltd. (the “Appellant”) | Russell Cheeseman, Stephanie Fleming |
| County of Grey (the “County”) | Erroll Treslan |
| Town of The Blue Mountains (the “Town”) | Erroll Treslan |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON AUGUST 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeal to the Tribunal, pursuant to subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended, of the conditions of draft plan of subdivision and condominium approvals (the “Appeal”) pertaining to the residential development of the lands legally described as Part of Lot 89 on Registered Plan 529 in the Town of The Blue Mountains (the “Subject Property”).
2The Ontario Municipal Board (“OMB”) originally ordered Draft Plan Approval of the plans of subdivision and condominium and the corresponding conditions thereof by way of Orders issued on June 22, 2012 and August 7, 2012 following a settlement hearing. In the ensuing years, the Parties (including a new owner of the Subject Property) have made efforts towards clearance of the respective conditions including finalization of a subdivision agreement, but have encountered difficulty in doing so. A series of extensions of the lapsing condition was approved including by the (now) Tribunal with the last extension lapsing on June 22, 2023. In advance of that lapsing date, by notice of appeal dated March 27, 2023, the Appellant filed the Appeal.
3The Tribunal entered into evidence as Exhibit 1 in these proceedings the Affidavit of Service of Darlene Hornsby sworn on July 14, 2023, and is satisfied that same demonstrates proper notice such that no further notice is required in these proceedings. The Tribunal noted that there was a minor typographical error in the Title of Proceedings on the Notice pertaining to the subsection pursuant to which the Appeal was made; however, the Tribunal is satisfied that the Notice was adequate to inform the required persons with notice of the proceedings.
PARTY AND PARTICIPANT STATUS
4No requests were made and no persons attended the CMC to request Party or Participant status in the proceedings.
MEDIATION AND SETTLEMENT OPPORTUNITIES
5The parties advised that a Tribunal-facilitated mediation assessment in respect of the Appeal has been scheduled for August 16, 2023. The Parties advised that the remaining issues pertaining to clearance of the conditions are technical in nature including geotechnical, stormwater management and drainage matters. The Parties advised that there is optimism that such issues may be resolved through their respective experts engaging in discussions and mediation such that the Appeal may be settled without the need for a hearing on the merits.
CASE MANAGEMENT CONFERENCE (CMC)
6Given the pending settlement discussions and potential mediation, the parties requested that a second CMC be scheduled for late Fall, 2023 at which time the status of settlement discussions and the Appeal will be considered. It may be that this second CMC may be converted to a settlement hearing, depending upon the outcome of the settlement discussions and the Tribunal’s direction at that time. The Tribunal concurs with the request for a second CMC.
7The Parties are directed to update the Tribunal’s Case Coordinator in advance of the second CMC. In particular, the Parties shall advise the Case Coordinator if it is in order to request that the second CMC be converted to a settlement hearing and, if this request is granted, then the Tribunal directs the Parties to file an appropriate settlement affidavit and other pertinent documentation with the Tribunal in a timely manner prior to the second CMC. Alternatively, if any or all of the issues of the Appeal remain unresolved, then the Parties are directed to file a draft Procedural Order including a draft Issues List in advance of the second CMC for consideration by the Tribunal at the second CMC with a view to setting dates for a hearing on the merits of the Appeal.
ORDER
8The Tribunal orders that a second CMC by video is scheduled to take place respecting the Appeal on Friday, November 24, 2023, at 10 am.
9Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
10Parties 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
11Persons 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 692-665-589.
12Individuals 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.
13The Tribunal so orders and provides these CMC directives for the purposes of the case management of the Appeal.
14The Member is not seized in this matter, but will remain available for continued case management to the extent that the Tribunal calendar permits.
15No further notice is required or will be given.
“D. Arnold”
D. ARNOLD
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.