Egan v. Adjala-Tosorontio (Township), 2023 CanLII 85320

ISSUE DATE: September 13, 2023

CASE NO(S).: OLT-23-000300

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicants/Appellants: Amanda Egan and Dustin Keogh

Subject: Zoning By-law Amendment Application – refused

Description: To permit construction of an oversized storage shed to be used entirely for a home industry

Reference Number: Z/13/22

Property Address: 7532 30th Sideroad

Municipality: Adjala-Tosorontio/Simcoe

OLT Case No.: OLT-23-000300

OLT Lead Case No.: OLT-23-000300

OLT Case Name: Egan v. Adjala-Tosorontio (Township)

Heard: September 7, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Amanda Egan and Dustin Keogh

D. White

Township of Adjala-Tosorontio

P. McKenna J. Feehely (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON and F. Lavoie ON September 7, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding an appeal filed by Amanda Egan and Dustin Keogh (“Appellant”) pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the refusal by Council for the Township of Adjala-Tosorontio to amend the Zoning By-law on a site-specific basis to permit the construction of an oversized accessory storage structure on the Appellant’s property, known municipally as 7532 30th Sideroad.

PROCEDURAL MATTERS

2The Tribunal was in receipt of an Affidavit of Service sworn by Jenny Gillegean on August 3, 2023, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.

3The Tribunal did not receive any requests for Party or Participant Status at the CMC.

OPPORTUNITIES FOR SETTLEMENT

4The Parties advised the Tribunal that initial settlement discussions have taken place. Counsel for the Appellant advised the Tribunal that the Appellant is exploring alternative development scenarios in an effort to resolve the Appeal. Tribunal-led mediation was not requested.

HEARING DATES

5The Parties advised the Tribunal that the matter at hand is relatively straightforward with a narrowly defined issue. As such, the Parties will each be calling a single witness – an expert land use planner – and only require a single hearing day.

6In lieu of a Procedural Order, the Parties agreed to provide the Tribunal’s Case Coordinator with a schedule of dates for the exchange of relevant documents in advance of a hearing. Following the CMC, the Parties advised the Tribunal that they have agree to the following procedural steps, which the Tribunal hereby approves:

a. The Parties will exchange Witness Statements no later than Friday, October 13, 2023; and

b. The Parties will exchange Reply Witness Statements, if any, no later than Friday, October 27, 2023.

7The Tribunal scheduled a single day Video Hearing for Thursday, November 9, 2023, at 10 a.m.

8Parties 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://meet.goto.com/996288525

Access Code: 996-288-525

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 as indicated 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 Video Hearing 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

12THE TRIBUNAL ORDERS that a hearing on the merits will commence by Video Hearing on Thursday, November 9, 2023, at 10 a.m. One day has been set aside for the Hearing.

13There will be no further notice.

14This Panel is not seized.

“S. Dixon”

S. DIXON

MEMBER

“F. Lavoie”

F. LAVOIE

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.