Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 16, 2024

CASE NO(S).: OLT-23-001085

PROCEEDING COMMENCED UNDER subsection 85(1) of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 34.

Applicant/Appellant: Vince Gagliardi

Subject: Appeal of refusal to establish a cemetery

Description: To establish a cemetery

Property Address: 3369 Line 13

Municipality/UT: Bradford West Gwillimbury/Simcoe

OLT Case No: OLT-23-001085

OLT Lead Case No: OLT-23-001085

OLT Case Name: Gagliardi v. Bradford West Gwillimbury (Town)

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Site Plan

Reference Number: D11-18-11

Property Address: 3369 Line 13

Municipality/UT: Bradford West Gwillimbury/Simcoe

OLT Case No: OLT-23-001152

OLT Lead Case No: OLT-23-001085

Heard: February 12, 2024 by Video Hearing

APPEARANCES

Parties

Counsel

Vince Gagliardi

Russell Cheeseman Stephanie Fleming

Town of Bradford West Gwillimbury

Matthew Helfand Leo Longo (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON FEBRUARY 12, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) for appeals filed by Vince Gagliardi (“Applicant”) pursuant to s. 85(1) of the Funeral, Burial and Cremation Services Act (“FBCSA”) and to s. 41(12) of the Planning Act (“PA”) regarding the decision of the Town of Bradford West Gwillimbury (“Town”) to refuse the application to establish a cemetery, and its failure to approve a Site Plan for the property municipally known as 3369 Line 13 (“Subject Property”).

2Notice of this CMC was provided by the Tribunal and, as no issues were raised at the CMC, the Tribunal confirms that notice was appropriately given and no further notice is required.

BACKGROUND

3The proposal is to establish a cemetery composed of burial plots, mausoleums, a chapel, gardens and memorial sites on the Subject Property.

4The Subject Property is approximately 36.42 hectares in size with approximately 79 metres of frontage. It is surrounded primarily by rural and residential uses consisting of single detached homes.

5On November 19, 2018, the Applicant filed an application with the Town for the approval of a Site Plan under the PA; however, no decision was rendered.

6On October 17, 2023, the Town Council refused the application under the FBCSA for the establishment of a cemetery on the Subject Property, determining that the proposal was not representative of the public interest.

7The Applicant subsequently appealed both matters to the Tribunal.

STATUS REQUESTS

8In response to the Notice, the Tribunal received requests for Participant status from the following individuals: i) Hoyun Lee, ii) Sandy Chilvers, iii) Gordon Edwards, iv) Laura Sist, v) Jamie Roca, and vi) Chris Lubker. At the CMC, Aria Mozzone was in attendance and advised that she had also submitted a request for Participant status. The Tribunal heard her request orally.

9The concerns expressed by the requestors, who were all opposed to the proposal, included (but were not limited to): the loss of prime agricultural land, groundwater contamination, lack of controls to mitigate impact to water/wells, impacts to air and water quality, and increased traffic in a residential area, as well as the position that the proposal was not compatible with the surrounding area, nor in the public interest.

10Counsel for the Applicant expressed a concern that the requestors should only be granted Participant status in the FBCSA matter. Counsel for the Town disagreed with this position, stating that it could be difficult and inefficient to separate the applications in this way, nor was it consistent with the approach taken by the Tribunal when planning matters were combined with other matters, such as Heritage Act appeals. Upon review, the Tribunal determined that as the matters had been administratively consolidated, the requestors would be eligible for Participant status in both matters. After consideration, the Tribunal granted all seven Participant status requests.

Tribunal-Led Mediation

11The Tribunal highlighted the availability of Tribunal-led mediation, and advised the Parties to contact the Case Coordinator should they wish to pursue this option and begin the intake process.

UPDATE

12Counsel for the Applicant identified that brief discussions with Counsel for the Town had occurred, and that a draft Procedural Order (“PO”) with a very broad Issues List (“IL”) had been submitted for the Tribunal’s consideration prior to the CMC. It was confirmed that the IL had been developed by the Town and that discussions between the Parties were still required to narrow the issues. It was jointly suggested by the Parties that a second CMC be set in March of 2024 to review the revised PO including an IL and that a five (5)-day Hearing of the Merits be set in the Fall of 2024, subject to the availability in the Tribunal’s calendar.

SCHEDULING OF FUTURE HEARINGS

13Upon review and consideration, the Tribunal scheduled a second CMC on Friday, March 22, 2024, at 9 a.m. by Telephone Conference Call.

14The Tribunal also scheduled a five-day Hearing of the Merits beginning on Monday, October 21, 2024 at 10 a.m. by Video Hearing.

15The Hearings are scheduled to proceed as follows:

CMC: Friday, March 22, 2024, at 9 a.m. by Telephone Conference Call

16Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.

Hearing on the Merits: Monday, October 21, 2024, at 10 a.m. by Video Hearing GoTo Meeting: https://global.gotomeeting.com/join/656004293

Access Code: 656-004-293

Audio-only telephone line: +1 (647) 497-9373 or Toll Free: 1-888-299-1889

Audio-only Access Code: 656-004-293

17Parties 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.

18Parties 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/

19Persons 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.

20Individuals 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.

21Mr. Cheeseman committed to take the lead on the submission of the revised PO including a refined IL for the Tribunal’s review and consideration in advance of the second CMC. The Tribunal directed that the PO be provided on or before Friday, March 15, 2024.

ORDER

22The Tribunal Orders that:

23Participant status is granted to the following individuals:

i. Hoyun Lee; ii. Sandy Chilvers; iii. Gordon Edwards; iv. Laura Sist; v. Jamie Roca; vi. Chris Lubker; and vii. Aria Mozzone.

24A second Case Management Conference is set, the particulars of which are identified above;

25A five-day Hearing of the Merits is set, the particulars of which are identified above;

26There will be no further notice; and

27The Member is not seized on this matter.

“S. Bobka”

S. BOBKA 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.