Villarboit Owen Sound Holdings LP v. Owen Sound (City), 2023 CanLII 87748

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 18, 2023

CASE NO(S).: OLT-23-000419

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Villarboit Owen Sound Holdings LP and Heritage Grove Centre Inc.

Subject: By-law No. 2023-045

Description: To permit the rezoning of subject lands to allow the commercial/residential development

Reference Number: ZBA No. 44

Property Address: 2275 16th Street East

Municipality/UT: Owen Sound/Grey

OLT Case No.: OLT-23-000419

OLT Lead Case No.: OLT-23-000419

OLT Case Name: Villarboit Owen Sound Holdings LP v. Owen Sound (City)

Heard: August 28, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
Villarboit Owen Sound Holdings LP and Heritage Grove Centre Inc. (Appellant)	Gerard Borean
Sydenham Square Inc. (Applicant)	Raivo Uukkivi
City of Owen Sound (City)	Harold Elston

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 28, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) for the above-noted matter. Villarboit Owen Sound Holdings LP. and Heritage Grove Centre Inc. (“Appellant”) have filed an appeal pursuant to s. 34(19) of the Planning Act, against the City of Owen Sound’s (“City”) approval of Sydenham Square Inc.’s (“the Applicant”) Zoning By-Law Amendment (“ZBA 44”: passed by By-Law 2023-045). The Applicant’s lands are known municipally as 2275 16th Street East (“subject lands”), in the City.

2The Applicant’s application was to permit the rezoning of the subject lands to allow the proposed development of five commercial buildings and three residential apartment buildings.

3The Affidavit of Service on file was marked as Exhibit 1.

PARTY/PARTICIPANT REQUESTS

4The City requested for party status which the Tribunal noted that it is a statutory party. The Tribunal granted the Applicant party status without any objection. No participant status requests were received.

5The Appellant’s counsel, Mr. Borean, stated that there were two appeals, which he said were related appeals and which he opined should be consolidated with the current proceedings. The case references are OLT-23-000699 and OLT-23-000804. The Tribunal noted that those matters were not before it and the status of the stage of those appeals is unclear. Counsels for Applicant and City also agree that they each needed to review those appeals to decide whether consolidation is appropriate. The Tribunal will notify the case coordinator to check on the status of those appeals. If deemed fit, parties may file a motion to consolidate appeals under the Tribunal’s Rules.

DRAFT PROCEDURAL ORDER

6The Parties have not filed the draft Procedural Order (“PO”). As party status has just been determined, Parties requested a second CMC to arrange filing of the draft PO and issues list (“IL”) for the matter and for ascertaining the matter of consolidation of appeals.

MEDIATION

7Parties stated that they will continue private discussions while being open to mediation.

DISPOSITION

8The Tribunal will schedule a CMC for Parties to update the Tribunal on the status of discussions and the Appeal.

9The Tribunal directs the Parties to submit a draft PO and IL to the Case Coordinator by Friday, November 3, 2023.

CASE MANAGEMENT CONFERENCE

10The second CMC is scheduled to proceed by video on Friday, November 17, 2023 at 10 a.m.

11Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access Code: 660-145-013

12Parties 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.

13Persons 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 (647) 497-9373. The access code is 660-145-013.

14Individuals 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.

ORDER

15The Tribunal Orders that:

a. Party status is granted to Sydenham Square Inc.

b. The Case Management Conference will commence by video on Friday, November 17, 2023, at 10 a.m.

c. The Parties are to forward a draft Procedural Order with the Issues List to the Case Coordinator on or before, Friday, November 3, 2023.

d. The Parties shall be ready to finalize the Procedural Order at the next Case Management Conference.

16The Member is not seized.

17There will be no further notice.

“T.F. Ng”

T.F. NG

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.