Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 20, 2023
CASE NO(S).: OLT-23-000157
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Justin Morin
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning of subject lands from Rural to Highway Commercial to permit all uses in Highway Commercial zone
Reference Number(s): Z-2022-11, By-law No. 2023-8788
Property Address: Mountjoy Concession 5, North Part of Lot 1, Registered Plan 6R-8233, Part 4 (Laforest Road)
Municipality: City of Timmins
OLT Case No.: OLT-23-000157
OLT Lead Case No.: OLT-23-000157
OLT Case Name: Morin v. Timmins (City)
APPEARANCES:
Parties
Representative
Justin Morin
Cameron Grant
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON SEPTEMBER 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a second Case Management Conference (“CMC”) in respect of an appeal filed by Justin Morin (the “Appellant”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) against the decision of the City of Timmins (“City”) that refused an application to Amend the Zoning By-law (“ZBA”).
2The lands that are the subject of the application are located at the southwest corner of Laforest Road and MacLean Drive legally described as Concession 5, North Part of Lot 1, Registered Plan 6R8233, Part 4, Mountjoy Township (the “Subject Lands”). The Appellant is seeking the approval of the ZBA to facilitate the development and use of the Subject Lands for uses permitted in the Highway Commercial zone, namely a construction yard / contractor’s yard.
3Mr. Grant advised that Mark Guillemette has withdrawn his Party Status in these proceedings and that the City has not indicated any intention of participating in these proceedings.
4Mr. Grant requested that the Tribunal schedule a one-day Hearing for the consideration of the merits of the Appeal. He advised that he intends to call the City’s Manager of Planning, Cindy Welsh, as the only witness for the Appellant.
5The Tribunal directed Mr. Grant to Rule 13 of the Tribunal’s Rules of Practice and Procedure (“Rules”) for information about compelling attendance of a witness by summons.
6The Tribunal recommends that Mr. Grant review Rule 4 of the Tribunal’s Rules in respect to representatives who are not legal counsel or paralegals and ensure that he is aware of the provisions contained therein, and further recommends that he review By-law No. 4 of the Law Society of Ontario in this regard.
7The Tribunal has scheduled a one-day hearing for the consideration of the merits of the Appeal. The Hearing is scheduled to proceed by video on Friday, November 3, 2023 at 10 a.m..
8Parties and Participants 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/558205565
Access code: 558-205-565
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 those who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free): 1-888-299- 1889. The access code is: 558-205-565.
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.
12The Appellant was directed to submit electronically any documents or exhibits that they intend to rely upon at the hearing to the Tribunal by Tuesday, October 24, 2023 (ten days prior to the hearing).
13Participants were advised that, should they wish to submit a Participant Statement other than that which was included with the Participant Status Request Form, the Statement should be filed with the Tribunal by Tuesday, October 24, 2023.
ORDER
14THE TRIBUNAL ORDERS THAT a one-day hearing of the merits of the Appeal shall be held on Friday, November 3, 2023 at 10 a.m. by Video Hearing as set out in paragraphs [8] through [11] of this Decision.
“David Brown”
DAVID BROWN
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.