Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 15, 2024
CASE NO(S).:
OLT-23-000942
OLT-23-001182
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Enniskillen Pepper Co. Ltd.
Subject:
By-law No.
Description:
To amend the Zoning By-law to permit cannabis cultivation and production facilities
Reference Number:
ZBL 46 of 2023
Property Address:
4352 and 4376 LaSalle Line
Municipality/UT:
Township of Enniskillen
OLT Case No.:
OLT-23-000942
OLT Lead Case No.:
OLT-23-000942
OLT Case Name:
Enniskillen Pepper Co. Ltd v. Enniskillen (Township)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Enniskillen Pepper Co. Ltd.
Subject:
Proposed Official Plan Amendment Appeal of Decision
Description:
To permit cannabis cultivation and production facilities
Reference Number:
OPA No. 4
Property Address:
4352 and 4376 LaSalle Line
Municipality/UT:
Enniskillen/Lambton
OLT Case No.:
OLT-23-001182
OLT Lead Case No.:
OLT-23-001182
OLT Case Name:
Enniskillen Pepper Co. Ltd. v. Enniskillen (Township)
Heard:
September 25, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Enniskillen Pepper Co. Ltd.
Shelley Kaufman Anna Toumanians (in absentia) Scott Snider (in absentia)
Township of Enniskillen
Ken Strong
County of Lambton
Al Burton David Germain (in absentia)
Trevor Brand
Anthony Petrucci
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON SEPTEMBER 25, 2024 AND ORDER OF THE TRIBUNAL
1This Decision and Order arises from a Case Management Conference ("CMC") held on September 25, 2024 to provide the Tribunal with a further update on the consolidated appeals brought under s. 34(19) and 17(36) of the Planning Act ("Act") by Enniskillen Pepper Co. Ltd. ("Appellant") regarding Official Plan Amendment No. 4 ("OPA") approved by the County of Lambton and Zoning By-law No. 46 of 2023 ("ZBL") approved by the Township of Enniskillen ("Township"). The OPA and ZBL provide the policy foundation and regulations for cannabis cultivation and production facilities in the Township, including at the Appellant's properties located at 4352 and 4376 LaSalle Line.
2All preliminary matters pertaining to the appeals were addressed during the previous CMCs held on December 11, 2023 and February 07, 2024, including notice, Party and Participant status requests and the consolidation of the appeals.
3A merit hearing was previously scheduled for ten days commencing on Monday, December 2, 2024.
4No further requests for Party or Participant status were received ahead of, or during, this CMC.
UPDATE
5Mr. Strong advised that the Parties have a settlement concept in place, but the planning instruments and Minutes of Settlement are not yet finalized and would require endorsement by Township Council. He indicated that the Parties are working towards having the settlement documents before Council for endorsement on Monday, October 7, 2024, otherwise on Monday, October 21, 2024, or potentially at a yet-to-be-scheduled special Council meeting.
6The Parties agreed to provide the Tribunal with a status update and the need for the scheduled merit hearing by Tuesday, October 8, 2024, and, if necessary, by Tuesday, October 22, 2024.
PROCEDURAL ORDER AND ISSUES LIST
7A draft Procedural Order ("PO") with a draft Issues List ("IL") was previously submitted to the Tribunal but not in final form. The Parties were subsequently directed to submit the final draft PO with the final IL by Monday, August 12, 2024, however such was not submitted to the Tribunal by that date nor by the date of this CMC due to efforts between the Parties towards a settlement.
8If no settlement is reached by either Monday, October 7, 2024, or Monday, October 21, 2024, the Parties agreed to submit the final draft PO with a final IL as soon as possible thereafter, acknowledging that the merit hearing may need to be rescheduled but suggesting that one of the merit hearing dates could potentially be reserved for the purposes of a subsequent CMC. The Parties further acknowledged that the PO exchange and submission dates may need to be revised if the merit hearing is to be heard as scheduled.
9The Tribunal advised the Parties that, if no settlement is reached, to ensure that paragraph 10 in the PO is amended by reinserting the sentence regarding the preparation and filing of a Statement of Agreed Facts and Issues.
MERIT OR SETTLEMENT HEARING
10The Tribunal advised the Parties to ensure that s. 2 of the Act, the Provincial Planning Statement 2024, and the Participants concerns are addressed in the witness statements for a merit hearing, or in the affidavit for a settlement hearing.
11The Tribunal also advised the Parties of the option for a written hearing if a settlement is reached, and, if opted for, to request such through the Case Coordinator.
MEDIATION
12The Tribunal further advised the Parties of the option of Tribunal-led mediation and to contact the Case Coordinator to determine next steps if the need for mediation arises.
ORDER
13THE TRIBUNAL ORDERS that the Parties provide the Tribunal with a status update by Tuesday, October 8, 2024, and, if required, by Tuesday, October 22, 2024.
14THE TRIBUNAL ORDERS that, if no settlement is reached by either Monday, October 7, 2024, or Monday, October 21, 2024, the Parties are to:
submit the final draft Procedural Order with a final Issues List as soon as possible thereafter with the inclusion of the sentence regarding the preparation and filing of a Statement of Agreed Facts and Issues in paragraph 10.; and
advise the Tribunal of the need for the scheduled merit hearing as noted in paragraph [5] above.
15No further notice is required.
16The Member is not seized of this matter.
"C.I. Molinari"
C.I. MOLINARI
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.