Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2023
CASE NO(S).: OLT-23-000543
PROCEEDING COMMENCED UNDER subsection 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.3.
Appellant: Warren Faloney
Applicant: Schwartz Levitsky Feldman Inc. Respondent: Niagara Escarpment Commission
Subject: Approval of a Development Permit Application
Description: To establish independent access to a residential property currently accessed through an informal driveway over lands to the east.
Reference No.: W/F/2020-2021/365 Property Address: 389 Lions Club Road
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-23-000543 OLT Lead Case No.: OLT-23-000543
OLT Case Name: Faloney v. Ontario (Niagara Escarpment Commission)
Heard: September 6, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Warren Faloney | Teresa Lucarelli* |
| Schwartz Levitsky Feldman Inc. | Jonathan Minnes*, John Doherty* |
| Niagara Escarpment Commission | Andrej Obradovic |
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON SEPTEMBER 6, 2023 AND ORDER OF THE TRIBUNAL
1Tribunal Member constitutes Hearing Officer and the Tribunal functions as the Niagara Escarpment Hearing Office (“NEHO”) for appeals under the Niagara Escarpment Planning and Development Act.
2This Decision arises from a Case Management Conference (“CMC”) brought before the NEHO regarding the appeal brought by Warren Faloney of a decision of the Niagara Escarpment Commission (“NEC”) dated May 5, 2023, conditionally approving an application for a Development Permit to establish independent access to a residential property currently accessed through an informal driveway.
3Both prior to and at the CMC, there were no new requests for either Party or Participant status. As such, the sole Parties are the Appellant, the Applicant, and the NEC.
4No draft Procedural Order nor Issues List was filed with the Tribunal in advance of the CMC.
5At the CMC, counsel for the Appellant indicated that she did not believe that this matter required a Hearing. The Appellant’s position was that, although they did not seek to prohibit the proposed development, as a neighbour the Appellant wished to be part of the development process. Being part of the process includes being kept informed of each stage and condition achieved as well as being provided professional reports and other information. Counsel indicated that negotiation with the Applicant had just commenced.
6Counsel for the Applicant submitted that he seeks to set a hearing date as soon as possible so as not to delay his client’s process; however, he is prepared to resolve the appeal through negotiation with opposing counsel. If settlement were not to be achieved, counsel estimated that a two-day hearing would be sufficient. Counsel for the Appellant agreed that a two-day hearing would be sufficient, and that November would be a reasonable time for a Hearing.
7After consulting with counsel regarding availability, the Hearing Officer secured November 6 and November 7, 2023 for dates of the Hearing. The Parties shared the belief that a few weeks would be enough time to negotiate a resolution of this appeal, failing which the Parties would adjust their focus to litigation and preparation of a Procedural Order.
HEARING DETAILS
8The Hearing is scheduled to proceed by video Monday, November 06, 2023 to Tuesday, November 07, 2023, starting at 10 a.m..
9Parties 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:
https://meet.goto.com/680885805
Access code: 680-885-805
10Parties 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
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 in to an audio-only telephone line: (Toll Free) 1 (888) 299-1889 or +1 (647) 497-9373. The access code is as indicated above.
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.
ORDER
13The Hearing Officer orders as follows:
the Parties are to attempt to negotiate a settlement of this appeal during September;
if a settlement of this appeal is not imminent prior to September 22, 2023, the Parties are to begin preparation of a Procedural Order including Issues List, which is to be filed with the Tribunal no later than September 29, 2023;
a Hearing date is set for November 06 and November 07, 2023, commencing at 10 a.m. each day; and,
the Hearing Officer is not seized.
“Warren Morris”
warren morris
HEARING OFFICER
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.