Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 18, 2024
CASE NO(S).: OLT-24-000124
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Greg Monck
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the change of rezoning from 'Hamlet Residential with Exception (HR-1) Zone' to 'Hamlet Residential with Exception (HR-6) to allow agricultural uses on subject lands.
Reference Number: ZBA 11/23
Property Address: 9347 Currie Road
Municipality/UT: Dutton Dunwich/Elgin
OLT Case No.: OLT-24-000124
OLT Lead Case No.: OLT-24-000124
OLT Case Name: Monck v. Dutton Dunwich/Elgin (Town)
PROCEEDING COMMENCED UNDER subsection 19(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Amy Dale
Request for: Request for Dismissal Without a Hearing
Heard: December 5, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Cynthia and Gregory Monck | Did not appear |
| Municipality of Dutton Dunwich | Amy Dale |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON DECEMBER 5, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The Tribunal convened a third Case Management Conference (“CMC”) in respect to an Appeal filed by Cynthia and Gregory Monck (the “Appellant”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), against the refusal of an Application to Amend the Zoning By-law (“ZBA”) by the Municipality of Dutton Dunwich (“Dutton”). The background and history of this matter was summarized in the Decision of the Tribunal issued August 21, 2024 and need not be reiterated.
2Although counsel for Dutton appeared at this CMC held by teleconference, neither Cynthia nor Gregory Monck did so. The Tribunal waited approximately 20 minutes before proceeding without them.
3Counsel for Dutton advised that she had instructions to proceed with a Motion to Dismiss. The Tribunal indicated that this motion should be filed in writing in accordance with Rule 10 of the Tribunal’s Rules of Practice and Procedure and that the Tribunal would consider later whether an event should be scheduled to hear oral submissions. The Tribunal recommended that Dutton personally serve Cynthia and Gregory Monck with the requisite motion materials.
ORDER
4THE TRIBUNAL ORDERS THAT the Municipality of Dutton Dunwich shall file its intended motion to dismiss this proceeding in writing pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure.
5This Vice Chair shall remain seized of the above-described motion but not in respect of any further proceedings in this matter.
“William R. Middleton”
WILLIAM R. MIDDLETON 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.