Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 25, 2024

CASE NO(S).: OLT-24-000406 OLT-24-000799

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Larry Dunn Subject: By-law No. 2024-14 Description: To permit the amendment of Zoning By-law 2018-65. Reference Number: P3359 Property Address: 516681 7th Line Municipality: The Blue Mountains OLT Case No.: OLT-24-000406 OLT Lead Case No.: OLT-24-000406 OLT Case Name: Larry Dunn v. The Blue Mountains (Town)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Larry Dunn Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of the lands for a 22 residential unit draft plan of vacant land condominium. Reference Number: 42CDM-2023-05 Property Address: 516681 7th Line Upper Tier: County of Grey OLT Case No.: OLT-24-000799 OLT Lead Case No.: OLT-24-000799 OLT Case Name: Larry Dunn v Grey (County)

PROCEEDING COMMENCED UNDER subsection 12 and 13 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6

Request by: Hunter Milborne and his corporation, 1395840 Ontario Limited Request for: Request for party status and if granted, a stay/adjournment of proceedings

Heard: November 15, 2024 by video hearing

APPEARANCES:

Parties	Counsel
Larry Dunn	Raivo Uukkivi, Peter Voltsinis
Town of The Blue Mountains	Denise Baker
County of Grey	Erroll Treslan

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA AND S. BRAUN ON NOVEMBER 15, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) for an appeal brought under section 34(19) of the Planning Act (“Act”) regarding an application for a Zoning By-law Amendment (“ZBA”) which was approved by the Town of The Blue Mountains (“Town”). This was also the first CMC for an appeal under s. 51(34) of the Act regarding an application for a Draft Plan of Condominium (“Draft Plan”) for which no decision was rendered within the prescribed timeline by the County of Grey (“County”). The appeals were brought by Larry Dunn (“Applicant/ Appellant”) and relate to the property municipally known as 516681 7th Line (“Subject Property”).

2For clarity, these two CMCs were scheduled concurrently for the sake of efficiency, but the matters have not been consolidated or ordered to be heard together.

3The redevelopment of the Subject Property contemplates twenty-two residential lots, a private road, Open Space lands, and the dedication of a 7th Line road widening to the Town.

4The purpose and effect of the proposed ZBA is to amend Comprehensive Zoning By-law No. 2018-65 in order to re-zone the Subject Property from the Development “D” zone to the Residential One (R1-1) and Open Space (OS) zone categories to facilitate the development of twenty-two single-detached dwellings.

5The purpose and effect of the proposed Draft Plan is to provide for twenty-five blocks, including twenty-two Single Detached Residential Blocks, one Open Space Block, one Road Widening Block to be dedicated to the Town, and one Block for a proposed internal private Condominium Road and associated service infrastructure.

NOTICE

6The Tribunal marked the Affidavit of Service for File No. OLT-24-000406 as Exhibit 1 and the Affidavit of Service for File No. OLT-24-000799 as Exhibit 2. Both Affidavits were sworn by Keith Marshall. Upon review, and with no concerns raised by the Parties, the Tribunal determined that proper notice of this CMC had been provided and that no further notice will be required.

MOTION FOR PARTY STATUS AND ADJOURNMENT

7Hunter Milborne and 1395840 Ontario Limited (together the “Moving Parties”) submitted a motion for Party Status and an adjournment, returnable at this hearing event.

8The Tribunal received a Responding Motion Record and Book of Authorities from the Applicant/Appellant and Reply Submissions from the Moving Parties.

9During introductory remarks from the Parties, Counsel for the Applicant/Appellant, Mr. Uukkivi, requested the Tribunal defer consideration of the motion. He explained that although the Applicant/Appellant had submitted a draft Procedural Order and Issues List, the Town and County had not yet had the opportunity to review same and provide their lists of issues to be adjudicated. Accordingly, Mr. Uukkivi requested the Parties be given thirty days to provide a full and final Issues List. The request for deferral of consideration of the motion was made in light of Rule 8.3 of the Tribunal’s Rules of Practice and Procedure, which states:

A party to a proceeding before the Tribunal which arises under any of subsections 17(24) or (36), 34(19) or 51(39) of the Planning Act who is not an appellant of the municipal decision or enactment may not raise or introduce a new issue in the proceeding. The non-appellant party may only participate in these appeals of municipal decisions by sheltering under an issue raised in an appeal by an appellant party and may participate fully in the proceeding to the extent that the issue remains in dispute. A non-appellant party has no independent status to continue an appeal should that appeal be withdrawn by an appellant party. [Emphasis added by Tribunal]

10As such, in the absence of a full and final Issues List, a determination on the Party status request for the ZBA matter could not be made.

11Counsel for both the Town and the County concurred with Mr. Uukkivi’s request and his proposal to allow thirty days for review and the provision of a finalized Issues List.

12The Tribunal deferred consideration of the motion given the absence of a full and final Issues List and the fact that the prospective non-appellant party to the ZBA matter is precluded from independently raising issues and is instead required to shelter under specific issues already raised. The Parties were directed to submit a finalized Issues List to the Tribunal as well as the Moving Parties on or before Monday, December 16, 2024. Following receipt of the Issues List, a second CMC will be scheduled for the purpose of considering the Motion for Party status and adjournment, and addressing any outstanding procedural matters.

ORDER

13The Tribunal Orders that a revised Issues List is to be submitted to the assigned case coordinator and copied to Hunter Milborne and 1395840 Ontario Limited on or before Monday, December 16, 2024.

14The Panel is not seized and there will be no further notice.

“S. Bobka” S. BOBKA MEMBER

“S. Braun” S. BRAUN VICE-CHAIR

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.