Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 06, 2023
CASE NO(S).: OLT-23-000381
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dotty Lake Retreats Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of a four-storey 24 unit stacked townhouses
Reference Number: OZS22-015
Property Address: 140 Hadati Road
Municipality/UT: Guelph/Wellington
OLT Case No.: OLT-23-000381
OLT Lead Case No.: OLT-23-000381
OLT Case Name: Dotty Lake Retreats Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dotty Lake Retreats Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a four-storey 24 unit stacked townhouses
Reference Number: OZS22-015
Property Address: 140 Hadati Road
Municipality/UT: Guelph/Wellington
OLT Case No.: OLT-23-000382
OLT Lead Case No.: OLT-23-000381
Heard: October 3, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Dotty Lake Retreats Inc.
Jennifer Meader
City of Guelph
Allison Thornton Ian White (Student at Law)
MEMORANDUM OF oral decision DELIVERED BY G.A. CROSER ON OCTOBER 3, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) to be heard on the Appeals of the non-decision by the City of Guelph (“City”) for an Official Plan Amendment and Zoning By-law Amendment, brought under sections 22(7) and 34(11) respectively of the Planning Act, to facilitate the redevelopment of the property known municipally as 140 Hadati Road (“Subject Property”).
PARTY AND PARTICIPANT STATUS
2At the first CMC of this Appeal held on August 1, 2023, the Tribunal deferred a decision on the granting of Party Status to Mr. Colin Lam until this CMC.
3Mr. Lam was present at the CMC and requested that his application for Party Status be amended to Participant Status. Mr. Lam indicated that he would be able to adequately raise his concerns through a Participant statement. There were no objections from Counsel, and the Tribunal granted Participant Status to Mr. Lam.
NEXT STEPS
4The Tribunal noted that it had not received a finalized Issues List and draft Procedural Order, nor had it received any documentation concerning a settlement.
5Ms. Meader, Counsel for the Appellant, advised the Tribunal that “fruitful” discussions were still ongoing with the City, and they were quite confident in reaching a settlement. Ms. Thornton for the City echoed this sentiment, noting that she would not be in a position to seek approval of any settlement or receive direction from City Council until mid-November.
6The Parties requested a date for a Settlement Hearing to be scheduled in either December or early January. The Tribunal agreed to schedule a date with the provision that the Parties contact the Case Coordinator on or before Monday, December 4, 2023, to advise if a settlement has been reached. If the Tribunal has not received a communication from the Parties by this date, then the Settlement Hearing date will be released.
HEARING
7The Settlement hearing is scheduled to proceed by video on Thursday, January 11, 2024, at 10 a.m.
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:
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
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: +1 (647)-497-9373 or Toll Free: 1-888-299-1889. 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 that:
a. Colin Lam is granted Participant Status.
b. A one-day Settlement Hearing is scheduled to take place via Video Hearing on Thursday, January 11, 2024, at 10 a.m.
c. The Parties are to advise the Case Coordinator on or before Monday, December 4, 2023, if a settlement has been reached.
d. In the event that a settlement has been reached, the Parties are directed to submit all documentation in support of the settlement with the Tribunal on or before Monday, December 11, 2023.
e. The Participant Statements are due to be filed with the Tribunal by no later than Monday, December 18, 2023.
13The Member is not seized but may be contacted through the Case coordinator should procedural issues arise.
“G.A. Croser”
G.A. CROSER
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.