Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 1, 2024
CASE NO(S).: OLT-24-000348
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lakeshore Developments (Thunder Bay) Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of 24 residential units, 2 other units, and a green space.
Reference Number: Z2-21
Property Address: Lot 1-12 and Blocks 13-24 Registered Plan 55M-639
Municipality/UT: Shuniah/Thunder Bay
OLT Case No.: OLT-24-000348
OLT Lead Case No.: OLT-24-000348
OLT Case Name: Lakeshore Developments (Thunder Bay) Inc. v. Shuniah (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lakeshore Developments (Thunder Bay) Inc.
Subject: Plan of Subdivision - Refusal by Approval Authority
Description: To permit the development of 24 residential units, 2 other units, and a green space.
Reference Number: SD1-22
Property Address: Lot 1-12 and Blocks 13-24 Registered Plan 55M-639
Municipality/UT: Shuniah/Thunder Bay
OLT Case No.: OLT-24-000349
OLT Lead Case No.: OLT-24-000348
Heard: October 31, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lakeshore Developments (Thunder Bay) Inc. | Matthew Pascuzzo, Richard Buset (in absentia) |
| Municipality of Shuniah | Anne-Marie McKitrick |
| City of Thunder Bay | Michael Grimaldi |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON OCTOBER 31, 2024 AND ORDER OF THE TRIBUNAL
1This was a second Case Management Conference (“CMC”) in the matter of an Appeal by Lakeshore Developments (Thunder Bay) Inc. (“Appellant”) arising from the failure of the Municipality of Shuniah (“Municipality”) to make a decision on applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) (“Applications”) pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”), for the property located at Lots 1-12 and Blocks 13-24, Registered Plan 55M-639 (“site”).
2The purpose of the Applications is to facilitate the development of 24 residential units, two (2) other units, and a green space.
3At the CMC the Parties informed the Tribunal that the submitted draft Procedural Order (“PO”) and Issues List (“IL”) was referring to the Provincial Policy Statement that was no longer in effect. The Tribunal directed the Parties to provide an updated draft PO and IL on or before Monday, November 18, 2024 and it will be approved by a separate Order.
4The Parties requested a three-week hearing to be scheduled in April of 2025.
5A 14-day Hearing is scheduled to commence on Tuesday, April 22, 2025, at 10 a.m. until Friday, May 9, 2025.
6Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/943363669
Access Code: 943-363-669
7Parties 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
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1(888) 299-1889 or +1 (647) 497-9373. The Access Code is indicated above.
9Individuals 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 Video Hearing 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
10The Tribunal directives above are so ordered.
11This Member is not seized.
12There will be no further notice.
“P. Tomilin”
P. TOMILIN MEMBER
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.