Lakeshore Developments (Thunder Bay) Inc. v. Shuniah (Municipality), 2024 CanLII 120518

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 25, 2024 CASE NO.: 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 section 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

BEFORE: P. TOMILIN MEMBER Monday, the 25th day of November, 2024

THIS MATTER having come before the Tribunal for a Case Management Conference, and the Tribunal in its Decision issued November 1, 2024;

AND THE TRIBUNAL having been advised on November 14, 2024 that the parties have resolved the draft Procedural Order and Issues list on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be in force and effect for the purposes of governing the procedures leading up to and including the hearing, which is scheduled to commence on April 22, 2025 at 10:00 a.m. for 14 days to proceed by video as follows:

Go To Meeting: https://meet.goto.com/943363669 Access Code: 943-363-669 Audio-only telephone line: +1 (647) 497-9373 or 1-888-299-1889 Audio-only access code: 943-363-669

“Euken Lui” EUKEN LUI ACTING REGISTRAR

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.

SCHEDULE “A”

ISSUE DATE: 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.

PROCEEDING COMMENCED UNDER section 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

The video hearing will begin on April 22nd, 2025 at 10:00AM EST.
The parties’ initial estimation for the length of the hearing is fourteen (14) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Schedule “A”.
The issues are set out in the Issues List attached as Schedule “B”. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Schedule “C” to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before February 26th, 2025, and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before March 1st, 2025, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before April 8th, 2025.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before March 8th, 2025, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before March 8th, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before March 15th, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before April 12th, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 12th, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 15th, 2025, with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

Schedule “A” to Procedural Order

Parties

Lakeshore Developments (Thunder Bay) Inc.
The Corporation of the Municipality of Shuniah
The Corporation of the City of Thunder Bay

November 7, 2024

Schedule “B” to the Procedural Order

ISSUES LIST

Legislative Compliance

Do the Applications for Condominium Plan Approval and Zoning Amendments (“the Applications) have regard for matters of Provincial interest under Section 2 of the Planning Act and in particular under Clauses 2 a), d), f), h), i), o), p), and r?
Are the Applications consistent with the Provincial Planning Statement, 2024, in particular Sections 2.1, 2.2, 2.5, 2.6, 3.1, 3.6, 3.7, 3.9, 4.1, 4.2, 4.6, 5.1, 5.2, 6 and 8?
Are the Applications in conformity with the Growth Plan for Northern Ontario?
Do the Applications conform to the Municipality’s Official Plan, specifically Sections 3.5, 3.13.2, 3.13.4, 3.20, and 4.2(c), d), e), f), j), k), n), o), p), q), r), and s)?
Do the Applications meet the criteria in Subsection 51 (24) of the Planning Act?

Delay, Laches

Should the Applications be permitted to proceed or be approved, given: (a) the passage of time since their filing; (b) the material changes in the proposed development and regulations related thereto; (c) the stage in the Planning process at which such changes were proposed?

Condominium Development

Is the development as a Condominium good planning given the size, location, and configuration of the units and of the common elements to serve them?
Is the development as a Condominium appropriate given the inevitable contrasting and conflicting interests of the owners of units South of the CPR right of way and those of the owners of units North thereof.

Impact on Municipal Water Supply

Is the development of lots with septic systems in proximity to the City of Thunder Bay water supply intake good planning, safe and in the public interest?

Proposed Road System

Will the proposed road system: (a) provide appropriate access for emergency vehicles; (b) have adequate width, turning radii and other facilities; (c) meet applicable standards to assure safe and reliable passage in all weather conditions; (d) be sufficiently and consistently managed, funded and maintained to meet the aforementioned standards?

Site Plan Control

Is a Site Plan Agreement an appropriate and fair measure for this Municipality to deal with matters such as those referred to in paragraph 13 hereof?
Should issues such as unit density, septic systems, safe water supply, snow storage and removal, the protection of archeological resources, road width, turning radii, emergency vehicle access, grading and drainage plans and prematurity be dealt with in detail at the public hearing?

Proposed new Residential Lots / Units

Does the proposed development have sufficient area for key facilities including, without limitation, park facilities, safe servicing, snow removal and storage, protection of archeological resources, and parking.
Is the grading and drainage plan provided by the Appellant satisfactory and, if so, how will its implementation be assured?
Is there an assured, safe water supply for the whole of the proposed development?
Are the proposed lots South of the CNR right of way suitable for residential use?
Do the Applications conform with section 10.4.5 of the Zoning By-law 2038-00?
Will the provisions of section 10.4.13 of the Zoning By-law 2038-00 regarding setbacks be conformed with?
Is it good planning to permit the lands South of the CNR right of way to be held and developed separately from the Northerly lands or should the Southerly parcels be tied to the Northerly ones?
Has the Appellant made satisfactory arrangements for the adequate supply of public utilities and municipal services including, without limitation telephone, hydro-electric and gas?

General Planning Issues

Do the Applications represent good planning and are they in the public interest?
Is the proposed development premature?

Note: The identification of an issue on this list does not mean that the parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

Schedule “C” to Procedural Order

Order of Proceedings

Opening Submissions Appellant Opening Submissions – Lakeshore Development Respondents Opening Submissions – Shuniah and Thunder Bay
Appellant Evidence – Lakeshore Developments Direct, Cross and Reply examinations of Appellant evidence.
Respondent Shuniah Evidence Direct, Cross and Reply examinations of Respondent evidence.
Respondent Thunder Bay Evidence Direct, Cross and Reply examinations of Respondent evidence.
Closing Submissions Closing Submission by Appellant. Closing Submissions of Respondents. Reply Submissions of Appellant (if any).