Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 19, 2024
CASE NO(S).: OLT-22-002220
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. Appellant: Marz Homes (Crystal Beach) Inc. Subject: Proposed Official Plan Amendment No. 56 Municipality: Town of Fort Erie OLT Lead Case No.: OLT-22-002220 OLT Case No.: OLT-22-002220 OLT Case Name: Crystal Beach Tennis and Yacht Club. v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd Subject: By-law No. BL 144-2021 Municipality: Town of Fort Erie OLT Lead Case No.: OLT-22-002220 OLT Case No.: OLT-22-002221
Heard: November 27, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Crystal Beach Tennis & Yacht Club | Nicholas Macos |
| 3101669 Nova Scotia Company and 100005426 Ontario Inc. | Patrick Maloney |
| Town of Fort Erie | Callum Shedden |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON November 27, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The appeals are pursuant to s. 17(24) and 34(19) of the Planning Act, arising from the decisions of the Town of Fort Erie (“Town”) to adopt Official Plan Amendment No. 56 (“OPA 56”) and Zoning By-law Amendment No. 144-2021. OPA 56 is also known as the Crystal Beach Secondary Plan, and the lands subject to this amendment cover an area of approximately 359.4 hectares. The Town purportedly initiated the Crystal Beach Secondary Plan in an effort to address parent policies of its Official Plan, which directs the Town to undertake more detailed land use planning at a neighbourhood level.
2This is the seventh Case Management Conference (“CMC”) concerning this matter, which has involved several Appellants since the first appeal was filed almost three years ago. Since then, a number of CMCs have been adjourned, Parties and Appellants have come and gone, settlements with some of the Parties have been reached, and hearing dates were scheduled to take place in August of 2024 but were subsequently released. Currently, only two appeals remain involving the Appellants Crystal Beach Tennis & Yacht Club and 3101669 Nova Scotia Company and 100005426 Ontario Inc.
Hearing dates
3Prior to the commencement of the present CMC, the Parties jointly requested another adjournment while they purportedly worked on final settlements. The Tribunal refused the request and instead instructed the Parties to estimate the length of a Merit Hearing (they estimated five days) and canvassed counsel’s availability for a hearing in June of 2025. June was selected because it would give the Town time to consider any final resolution proposals from the Parties prior to obliging the Parties to prepare and participate in a Merit Hearing. The Tribunal confirmed that if the Parties are able to reach a settlement prior to the Merit Hearing, they may contact the case coordinator and arrange for a date to have a settlement hearing or motion heard in writing before the scheduled Merit Hearing.
4The Tribunal notes that the requested adjournment was refused because the remaining appeals have already languished too long, a Merit Hearing was already cancelled on the premise that settlement was imminent, and the Tribunal, therefore, finds it necessary to set a concrete end date to finally resolve the remaining issues. At the same time, the Tribunal is providing the Parties with ample time to settle their issues, if settlement is attainable, prior to expending time and costs to conduct a Merit Hearing.
5Consequently, the Tribunal set a five-day Merit Hearing commencing by video on Monday, June 2, 2025 at 10 a.m.
6Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/558205565
Access Code: 558-205-565
7Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons 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 as indicated above.
9Individuals 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 at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
PROCEDURAL ORDER AND ISSUES LIST
10The Tribunal has previously approved a Procedural Order (“PO”) with an Issues List pertaining to this matter. However, due to changes in the Parties involved, and now with new hearing dates being set, updates to the PO are necessary. The Tribunal, therefore, requested that the Parties update the PO and send it to the Tribunal forthwith.
11The Tribunal is now in receipt of the revised PO and finds it acceptable.
ORDER
12The Tribunal Orders that:
The date and particulars of the Merit Hearing are set out above. The Merit Hearing shall only be adjourned if the matter settles in advance or under the most extraordinary of other circumstances;
If either or both of the remaining Appellants settle their appeal(s) with the Town of Fort Erie prior to the Merit Hearing, they may obtain a return date from the case coordinator to hear their settlement by way of a written hearing or motion; and
The Procedural Order appended as Attachment 1 shall otherwise govern the proceedings.
13The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.
ATTACHMENT 1