Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 25, 2023
CASE NO(S).: OLT-22-004732
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Len Ferragine
Subject: By-law No. 2022-97
Description: To re-designate the subject property to permit a cemetery and accessory uses
Reference Number: D14-20-02
Property Address: 3999 10th Sideroad
Municipality: Town of Bradford West Gwillimbury
OLT Case No.: OLT-22-004732
OLT Lead Case No.: OLT-22-004732
OLT Case Name: Ferragine v. Bradford West Gwillimbury (Town)
Heard: May 5, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Len Ferragine (”Appellant”)
Isaac Tang
Ahmadiya Muslim Jama’t Canada (“AMJC”)
Town of Bradford West Gwillimbury (“Town”)
County of Simcoe (“County”)
Doris Becher Nienhaus (“Nienhaus”)
Aaron Platt
Leo Longo
Marshall Green
David White
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN ON May 5, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by the Appellant following Town’s passing of Zoning By-law Amendment in regards to AMJC property at 3999 10th side road (“subject property”). The application seeks to zone the subject lands to Rural Zone permitting a range of uses including cemeteries and places of worship.
2The Appellant is appealing the Town’s decision on the grounds that the proposed use will not function compatibly with surrounding rural and agricultural character of the community and will lead to a loss of prime agriculture areas.
Service of Notice of CMC
3There was no issue with the service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
4On consent of the Parties, the Tribunal granted Nienhaus Party Status due to long term involvement in this matter as well as proximity to the subject property. Nienhaus own lands adjacent to the subject property operating a cow/calf operation and has been involved since 2009 on this matter. Nienhaus has corresponded with both the County and the Town and has made written submissions.
5The following were granted Participant Status on consent:
Denis Jakac;
Andy Karistinos;
Cynthia Riley; and
Dave Nieme.
CONSOLIDATION OF MATTERS
6Parties raised to the Tribunal that there are two other cases related to this matter. OLT-23-000246 is a matter involving Official Plan Amendment 32, on a site specific basis, which involves establishment of a cemetery at the subject property. The appeal has been delivered to the Tribunal but a date for the first CMC has not been set. The second case is an appeal to the former Ontario Municipal Board (“OMB”) file number PL091167, which relates to approval of the County’s comprehensive Official Plan.
7PL1001167 was the subject of appeal filed by the AMJC in 2012, when the County had sought approval for its Official Plan. The Official Plan was approved by the OMB on December 29, 2016, however 12 matters were outstanding, of which 5 involved approval sought by the AMJC. The appeal on this is still outstanding however under the Province of Ontario’s current Provincial Policy Statement (“PPS”) and the Growth Plan for the Greater Golden Horseshoe (“GP”) the AMJC is permitted to apply for added uses under prime agricultural lands. As a result, the appeal is no longer relevant and Parties wish to add it to this matter in order for it to be withdrawn. The Tribunal approves consolidation of PL091167 with this matter.
8Notice for OLT-23-000246 matter has not yet been circulated and as a result, it is premature to consolidate at this time. Parties have notified the Tribunal they intend to seek consolidation at the next appearance.
MEDIATION AND SETTLEMENT
9The Tribunal explored the possibility of mediation and settlement with the Parties. The Appellant notified the Tribunal that they have had without prejudice discussions with the AMJC to focus on the issues related to this matter and have circulated a draft Issues List (“IL”) in order to accomplish this, however Parties agree determining if this matter can be resolved or at least aspects is premature at this time.
PROCEDURAL ORDER AND ISSUES LIST
10The Parties have circulated a draft IL on this matter however have not presented a Procedural Order and IL to the Tribunal for review. Parties were instructed to supply a draft copy by Tuesday, July 18, 2023, which has been provided and will be decided upon at the subsequent hearing.
HEARING
11Upon request of the Parties, the Tribunal scheduled a second CMC by video commencing on Tuesday, August 1, 2023, at 10 a.m. No further Notice is required for the hearing.
12Parties 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/692665589
Access Code: 692-665-589
13Parties 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.
14Persons 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.
15Individuals 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16The Tribunal Orders that:
The date and particulars of the Case Management Conference hearing are set out above;
The matter has been consolidated with Ontario Municipal Board File PL091167;
Party Status is granted to Doris Becher Nienhaus;
Denis Jakac, Andy Karistinos, Cynthia Riley and Dave Nieme are granted Participant Status; and
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“S. Mann”
S. MANN
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.