Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).: OLT-22-003883
DECISION ISSUE DATE(S): July 26, 2023
CORRECTION NOTICE ISSUE DATE: August 17, 2023
RE: Newhouse v. Mississauga (City)
Correction to: Change of Counsel for Andrea Nobbs and Bruno Jauering
Originally:
Parties: Andrea Nobbs and Bruno Jauernig Counsel: J. Meader
Corrected to:
Parties: Andrea Nobbs and Bruno Jauering Counsel: J. De Marinis
“Euken Lui” EUKEN LUI ACTING REGISTRAR Ontario Land Tribunal Website: 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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2023
CASE NO(S).: OLT-22-003883
PROCEEDING COMMENCED UNDER section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Peter Newhouse & June Newhouse Applicant: Andrea Nobbs & Bruno Jauernig Subject: Consent Description: Proposing to sever the existing lot to create two new parcels for the development of one new detached dwelling on each lot requiring variances related to lot frontage. Reference Number: B1/22 Property Address: 1391 Queen Victoria Avenue Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-003883 OLT Lead Case No: OLT-22-003883 OLT Case Name: Newhouse v. Mississauga (City)
PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Peter Newhouse & June Newhouse Applicant: Andrea Nobbs & Bruno Jauernig Subject: Minor Variance Reference Number: A7/22 Property Address: 1391 Queen Victoria Avenue Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-003884 OLT Lead Case No: OLT-22-003883
PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Peter Newhouse & June Newhouse Applicant: Andrea Nobbs & Bruno Jauernig Subject: Minor Variance Reference Number: A8/22 Property Address: 1391 Queen Victoria Avenue Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-003885 OLT Lead Case No: OLT-22-003883
PROCEEDING COMMENCED UNDER subsection 20 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, as amended
Motion By: Peter & June Newhouse Purpose of Motion: Request for an Order for costs Heard: In writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Peter and June Newhouse | L. Longo |
| Andrea Nobbs and Bruno Jauernig | J. Meader |
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
Link to Final Order
1This decision and Order arises out of a written motion for costs following the withdrawal of consent and minor variance applications by Andrea Nobbs and Bruno Jauernig (“Applicants”) on December 2, 2022. Those applications were the subject of appeals before the Tribunal which were scheduled to be heard over three days commencing on December 7, 2022.
2For the reasons that follow, the Tribunal is not persuaded that an exercise of its discretion to make an award of costs is appropriate or warranted in this case.
BACKGROUND
3The Applicants applied to the City of Mississauga (“City”) Committee of Adjustment (“COA”) for provisional consent to divide 1391 Queen Victoria Avenue (“subject property”) into two generally equally sized lots, and for variances in relation to resulting lot frontages which would then be non-compliant with the City’s Zoning By-law which