Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 20, 2024
CASE NO(S).: OLT-23-000402
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Joseph and Irene Moore Subject: By-law No. 48-2023 Description: Official Plan Amendment to facilitate the creation of two new lots for residential development Reference Number: 350302-0163 Property Address: 214 Windmill Point Road South Municipality/Upper Tier: Fort Erie/Niagara OLT Case No.: OLT-23-000402 OLT Lead Case No.: OLT-23-000402 OLT Case Name: Moore v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Joseph and Irene Moore Subject: By-law No. 51-2023 Description: Zoning By-Law Amendment to facilitate the creation of two new lots for residential development Reference Number: 350309-0545 Property Address: 214 Windmill Point Road South Municipality/Upper Tier: Fort Erie/Niagara OLT Case No.: OLT-23-000403 OLT Lead Case No.: OLT-23-000402 OLT Case Name: Moore v. Fort Erie (Town)
Heard: November 4, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Joseph and Irene Moore | Brian Duxbury |
| Town of Fort Erie | Karen Shedden |
MEMORANDUM OF ORAL DECISION DELIVERED BY M. QUESNEL ON NOVEMBER 4, 2024 AND ORDER OF THE TRIBUNAL
1This is the third Case Management Conference (“CMC”) relating to appeals brought pursuant to s. 17(36) and s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended regarding the approval of an Official Plan Amendment and Zoning By-Law Amendment to facilitate the creation of three new lots for residential development on the property located at 214 Windmill Point Road South in the Town of Fort Erie (“Town”).
2The second CMC was held on July 4, 2024 and at that time the Parties requested the scheduling of another CMC since they were in discussions for a possible settlement.
3The Parties indicated that they had discussions since the last CMC and that they have almost reached a settlement, but still have one issue that needs to be resolved. Both counsels are confident that they will be able to come to a resolution but are requesting another CMC with the hope of resolving the remaining issue in dispute.
4The Parties indicated to the Tribunal that if a settlement is reached, they would request a settlement hearing or would even be open to submit written settlement representations.
SETTLEMENT / MEDIATION
5The Parties will continue discussions with a view to resolving the one remaining issue. The Parties are aware of the Tribunal-led mediation and will request same if desired.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
6Since the Parties are very close to a resolution, they did not provide a Draft Procedural Order (“DPO”) prior to the CMC, as they were directed to do at the July 4, 2024 CMC. The Appellant’s counsel sent an email to the Tribunal on October 28 2024 advising that they will not have a DPO for the next CMC since the Parties were still in negotiation and they still had one issue that was not resolved.
7The Parties were directed to provide a DPO and an Issues List, or a confirmation of resolution to the Tribunal’s Case Coordinator by Friday, January 10, 2025.
SCHEDULING
8The Tribunal scheduled a fourth CMC for half a day on Wednesday, January 15, 2025, at 10 a.m. by video conference.
9Parties are asked to log into the CMC at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
10Parties and observers 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.
11Persons 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.
12Individuals 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 CMC 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.
ORDER
13THE TRIBUNAL ORDERS are as follows:
a. A Case Management Conference is scheduled as described above in this Decision.
b. The Draft Procedural Order and Issues List, or a confirmation of resolution, is to be provided to the Tribunal’s Case Coordinator by Friday, January 10, 2025.
14No further notice is required.
15The Member is not seized.
“Mathieu Quesnel”
MATHIEU QUESNEL
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.