Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-23-001075
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27
Applicant/Appellant: Rodney Lough & Pamela Collison
Respondent: Ausable Bayfield Conservation Authority
Subject: Refusal to grant permission for renovation of a single-family dwelling
Description: To permit renovation to the residential dwelling.
Reference Number: 23874
Property Address: 75129A Lakewood Drive
Municipality/UT: Bluewater/Huron
OLT Case No.: OLT-23-001075
OLT Lead Case No.: OLT-23-001075
OLT Case Name: Collison v. Ausable Bayfield Conservation Authority
Heard: February 7, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Rodney Lough & Pamela Collison
Arkadi Bouchelev
Ausable Bayfield Conservation Authority
Peter Pickfield
Colin Leger
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON FEBRUARY 7, 2024 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) relates to the Ausable Bayfield Conservation Authority (“ABCA”) Hearing Board’s decision to deny a building permit for a renovation project at 75129A Lakewood Drive, Bluewater, a rural property within the regulatory limits of the ABCA. The property owners, Rodney Lough & Pamela Collison (the “Appellants”) appealed the decision.
2The CMC was scheduled for the purpose of setting a hearing date and other procedural details related to the Appeal.
3At the CMC, there were no new requests for either Party or Participant status. As such, the Parties for this Appeal are the Appellants, Rodney Lough & Pamela Collison, and the Respondent, ABCA.
4The Appellants’ counsel, Arkadi Bouchelev, presented some context for the building permit application. His clients had purchased the property in 2021 and were advised by professionals that there were structural deficiencies with the building that made it unsafe for use unless an exterior wall were to be replaced. It was the Appellants’ intention to make the necessary renovations to the exterior wall while maintaining the existing foundation. It was the Appellants’ understanding that the ABCA denial of the permit was because the ABCA wanted the existing structure to either be demolished or moved elsewhere on the property. It is the Appellants’ position that moving the structure is not feasible.
5The Respondent’s counsel, Peter Pickfield, stated that it was his understanding that the building application included a new foundation, and consequently, was treated as an application to build a new structure. Mr. Pickfield had prepared a draft procedural order and issues list which he provided to the Appellants’ counsel prior to the CMC. In regard to a hearing of the appeal, Mr. Pickfield expected that he may require three to five witnesses and estimated a hearing duration of four or five days. He also estimated that a hearing date four months away would be needed in order to have time to explore settlement, and if necessary, prepare for the Hearing.
6Counsel for the Appellants agreed that setting aside five days for a Hearing approximately four months away would be reasonable. After canvassing dates, the Parties agreed upon the week of July 08, 2024, which was available and secured by the Tribunal.
7A five-day Hearing on the Merits is scheduled to commence at 10 a.m. on Monday, July 08, 2024, by Video Hearing.
8Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
9Parties 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 the same as the access code noted 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 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.
12The Parties agreed that they would work together towards producing a procedural order, including an issues list, to be finalized and filed with the Tribunal no later than Friday, February 23, 2024. The Parties also agreed that settlement of the matter was a possibility and that they would discuss approaching the Case Coordinator about applying for Tribunal assisted mediation.
ORDER
13The Tribunal orders that:
The Parties are to prepare a draft procedural order, including issues list, and file it with the Tribunal no later than Friday, February 23, 2024; and
A Hearing on the Merits will take place by Video Hearing for five days commencing at 10 a.m. on Monday, July 08, 2024.
“Warren Morris”
WARREN MORRIS
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.