Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 2023
CASE NO(S).: OLT-23-000080
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1863849 Ontario Ltd. and Venetian 1600 Inc. Appellant: City of Sarnia Appellant: JN Ventures Inc., 406 Farm Inc., 3719 and 3771 Queen Street Inc. Appellant: Lisa Maola Appellant: Sean Ryan Appellant: Robert Dickieson Subject: Proposed Official Plan Amendment Description: The purpose of this Plan is to set out the long-term goals for the development and use of lands and buildings within all the City of Sarnia. Reference Number: OPA 83-2022 Property Address: City of Sarnia Municipality/UT: Sarnia/Lambton OLT Case No: OLT-23-000080 OLT Lead Case No: OLT-23-000080 OLT Case Name: 1863849 Ontario Ltd. and Venetian 1600 Inc. v Lambton (County)
Heard: September 6, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lisa Maola, Robert Dickieson, Sean Ryan (“Short-Term Rental Appellants”) | Paula Lombardi |
| JN Ventures Inc., 406 Farm Inc., 3179 and 3771 Queen Street Inc. (“Bright Grove Appellants”) | Anna Toumanians |
| City of Sarnia (“City”) | Bruce Engell |
| County of Lambton (“County”) | Stephen D’Agostino |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON September 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) held for the purpose of organizing appeals of the adoption of a new Official Plan (“OP”) for the City.
2On May 15, 2023, the Tribunal held its first CMC to organize the appeals, address Status requests and establish next steps in this proceeding. The appeal of 1863849 Ontario Ltd. and Venetian 1600 Inc. were adjourned sine die.
NEXT STEPS
3Mr. Engell, Counsel for the City, indicates that the City intends to bring a Motion in writing to the Tribunal, serving notice to appropriate persons, seeking approval of technical modifications to the OP which consolidate decisions made by the Tribunal or the County after the adoption of the OP by the City, but prior to their approval by the County. City staff has prepared draft modifications to implement those Tribunal and County decisions and they are being provided for comment to the persons involved in those matters (who are not Parties to the present appeals).
4With respect to the appeals brought by the Bright Grove Appellants, the Parties indicate that the Government of Ontario has proposed to change the policy framework in which settlement area expansions are to be evaluated under a new Provincial Policy Statement. The Parties submit that it would be prudent to await the outcome of that policy-making process before determining how best to proceed with the relevant appeals currently before the Tribunal. Accordingly, the Tribunal concludes that it is reasonable to adjourn those appeals sine die, but directs that Parties indicate their intention with respect to those appeals on or before Monday, March 4, 2024.
5With respect to the appeals brought by the Short-Term Rental Appellants, the Parties agree that the matter is ready for a Merit Hearing, and that a two-day Hearing would be required. A draft Procedural Order (“PO”) was provided to the Tribunal prior to the CMC. The Issues List and the Order of Appearance require refinement. The Tribunal directs that the Parties submit an agreed upon draft PO, on or before Wednesday, September 20, 2023.
6The Tribunal further directs that a two-day Merit Hearing be scheduled for Wednesday, January 10 and Thursday,11, 2024, by video, at 10:00 a.m.
7The Parties are directed to advise the Tribunal of any settlement as soon as possible.
8Parties 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.
https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
9Parties 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.
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 1-888-299-1889 or +1 (647) 497-9373. 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 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
12THE TRIBUNAL ORDERS:
a. That the appeals by the Bright Grove Appellants, namely the appeals by JN Ventures Inc., 406 Farm Inc., and 3719 and 3771 Queen Street Inc., are adjourned sine die; however, the Parties must indicate to the Tribunal by no later than Monday, March 4, 2024, their intention with respect to those appeals; and,
b. Its directions as set out in this Decision.
13The Member of the Panel is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS 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.