Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 06, 2024
CASE NO(S).: OLT-23-000942, OLT-23-001182
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Enniskillen Pepper Co. Ltd.
Subject: By-law No.
Description: To amend the Zoning By-law to permit cannabis cultivation and production facilities
Reference Number: ZBL 46 of 2023
Property Address: 4352 and 4376 LaSalle Line
Municipality/UT: Township of Enniskillen
OLT Case No.: OLT-23-000942
OLT Lead Case No.: OLT-23-000942
OLT Case Name: Enniskillen Pepper Co. Ltd v. Enniskillen (Township)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Enniskillen Pepper Co. Ltd.
Subject: Proposed Official Plan Amendment Appeal of Decision
Description: To permit cannabis cultivation and production facilities
Reference Number: OPA No. 4
Property Address: 4352 and 4376 LaSalle Line
Municipality/UT: Enniskillen/Lambton
OLT Case No.: OLT-23-001182
OLT Lead Case No.: OLT-23-001182
OLT Case Name: Enniskillen Pepper Co. Ltd. v. Enniskillen (Township)
Heard: December 3, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Enniskillen Pepper Co. Ltd.
Scott Snider Anna Toumanians (in absentia)
Township of Enniskillen
Kenneth Strong
County of Lambton
David Germain
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON DECEMBER 3, 2024 AND ORDER OF THE TRIBUNAL
1This event was a Case Management Conference (“CMC”) before the Tribunal with respect to consolidated appeals pursuant to sections 17(36) and 34(19) of the Planning Act by Enniskillen Pepper Co. Ltd. (“Appellant”) regarding Official Plan Amendment No. 4 approved by the County of Lambton (“OPA”) and Zoning By-law No. 46 of 2023 approved by the Township of Enniskillen (“ZBL”). The OPA and ZBL provide the policy foundation and regulations for cannabis cultivation and production facilities in the Township, including at the Appellant’s properties located at 4352 and 4376 LaSalle Line in the Township (“Subject Property”).
2The Appellant seeks the ability to produce cannabis at their greenhouse site on the Subject Property.
3Previous CMCs took place on December 11, 2023, February 7, 2024, and September 25, 2024. At the CMCs, it was confirmed that adequate Notice had been served and no further Notice was required. Moreover, Trevor Brand was added as a Party to the proceedings, and the following were granted Participant status: Becky Brand, Brian Mitchell, Irving and Sheryl Payne, Jordan Borland, Michael Schnare, and Zack Kaczmarczyk. A Hearing had been scheduled to proceed but was adjourned and this CMC took place instead.
4Prior to the CMC, Trevor Brand’s Counsel advised that Mr. Brand was withdrawing his Party status. The other Parties consented to this. At the CMC, Mr. Brand’s withdrawal was confirmed and he is no longer a Party to this proceeding.
5The other Parties advised that they had reached a full settlement agreement, which they wished to present to the Tribunal for approval if warranted. They were not ready to proceed at the CMC and requested that a hearing in writing be scheduled. This Hearing in writing has been scheduled to take place on Tuesday, January 14, 2025.
6The Parties are to provide the materials in support of the settlement to the Tribunal’s Case Coordinator by Thursday, January 9, 2025 at 12 p.m. The material is to include, but is not limited to: an Affidavit from an expert witness in support of the settlement, the instruments the Parties wish the Tribunal to approve, and a draft Order. The expert witness is directed to also address Participant comments, if any.
ORDER
7THE TRIBUNAL ORDERS that:
a. Trevor Brand is no longer a Party in this proceeding.
b. A Hearing in writing is scheduled as indicated above in this Decision; and
c. The Parties are to provide the material in support of the settlement agreement by Thursday, January 9, 2025 at 12 p.m.
8This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE
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.