Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 22, 2024
CASE NO(S).: OLT-23-000766
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Alan and Tamara Hutchinson Subject: Request to amend the Official Plan – Refusal of request Description: To permit the creation of two new lots to develop a wellness retreat centre. Reference Number: OP23-1 Property Address: 2230 Amethyst Avenue Municipality/UT: Shuniah/Thunder Bay OLT Case No.: OLT-23-000766 OLT Lead Case No.: OLT-23-000766 OLT Case Name: Hutchinson v. Shuniah (Municipality)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Alan and Tamara Hutchinson Subject: Application to amend the Zoning By-law – Refusal of application Reference Number: Z23-1 Property Address: 2230 Amethyst Avenue Municipality/UT: Shuniah/Thunder Bay OLT Case No.: OLT-23-000767 OLT Lead Case No.: OLT-23-000766
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Alan and Tamara Hutchinson Subject: Application for Consent – Failure of Approval Authority to make a decision Reference Number: B4-22 Property Address: 2230 Amethyst Avenue Municipality/UT: Shuniah/Thunder Bay OLT Case No.: OLT-23-000768 OLT Lead Case No.: OLT-23-000766
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Alan and Tamara Hutchinson Subject: Application for Consent – Failure of Approval Authority to make a decision Reference Number: B5-22 Property Address: 2230 Amethyst Avenue Municipality/UT: Shuniah/Thunder Bay OLT Case No.: OLT-23-000769 OLT Lead Case No.: OLT-23-000766
Heard: February 6, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Alan and Tamara Hutchinson ("Appellant") | Steven O’Melia |
| Municipality of Shuniah | Allan D. McKitrick Candace Hilchuk |
| Gary McWhirter and Margie McWhirter | Sylvain Rouleau |
| Walter Kuch and Janice Kuch | Sylvain Rouleau |
| Porter Bailey | Sylvain Rouleau |
| Shelley Crawford | Sylvain Rouleau |
| Gavin and Lindsay Nelson | Sylvain Rouleau |
| Margot and Joe Meehan | Sylvain Rouleau |
| Jason and Melissa Jones | Sylvain Rouleau |
| Moe and Jackie Jones | Sylvain Rouleau |
| Rod and Nadene Johansen | Sylvain Rouleau |
| Scott and Richelle Dougall | Sylvain Rouleau |
| Joanne Kembel | Sylvain Rouleau |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON FEBRUARY 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding appeals filed by Alan and Tamara Hutchinson (the “Appellants”) pursuant to subsections 22(7), 34(11), and 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended. The Applications for Official Plan Amendment, Zoning By-Law Amendment, and consents seek to permit the creation of two new lots to develop a wellness retreat centre on the subject lands, municipally known as 2230 Amethyst Avenue, in the Municipality of Shuniah (“Municipality”).
2The Tribunal is in receipt of the Affidavit of Service of Notice of the CMC sworn by Dawn Shuh on January 5, 2024, which was marked as Exhibit 1. There are no issues with the Service of Notice for the CMC and as such, no further notice is required.
STATUS REQUEST
3The Tribunal is in receipt of a Party Status request by 19 individuals represented by Counsel, Sylvain Rouleau. These individuals are property owners in the neighborhood of the proposed development. The Appellants and Municipality did not object to the Party Status request. The Tribunal granted the Party Status request to the following 19 individuals: Gary McWhirter, Margie McWhirter, Walter Kuch, Janice Kuch, Porter Bailey, Shelley Crawford, Gavin Nelson, Lindsay Nelson, Margot Meehan, Joe Meehan, Jason Jones, Melissa Jones, Moe Jones, Jackie Jones, Rod Johansen, Nadene Johansen, Scott Dougall, Richelle Dougall, and Joanne Kembel.
OPPORTUNITIES FOR SETTLEMENT
4The Parties have had preliminary discussions as to the possibility of settlement. The Tribunal directs the Parties to inform the Tribunal as soon as possible of settlements, if any occur.
5The Tribunal also advises the Parties of the availability of Tribunal-led mediation in the event this occurs, this would be beneficial to progress the appeals.
DRAFT PROCEDURAL ORDER
6The Tribunal directs the Parties to update the Draft Procedural Order and Issues List and provide the Tribunal with these no later than Thursday, March 7, 2024.
HEARING DATES
7After hearing the Parties’ submissions on the length of the hearing, the Tribunal directs that a five-day merit hearing be held commencing on Monday, July 8, 2024, at 10 a.m., by Video Hearing.
8Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/680885805
Access Code: 680-885-805
9Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
10Persons 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: (Toll Free) 1(888) 299-1889 or +1(647) 497-9373. The access code is as indicated above.
11Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
12THE TRIBUNAL ORDERS:
a. that Gary McWhirter, Margie McWhirter, Walter Kuch, Janice Kuch, Porter Bailey, Shelley Crawford, Gavin Nelson, Lindsay Nelson, Margot Meehan, Joe Meehan, Jason Jones, Melissa Jones, Moe Jones, Jackie Jones, Rod Johansen, Nadene Johansen, Scott Dougall, Richelle Dougall, and Joanne Kembel are granted Party Status in this proceeding;
b. that the Parties submit to the Tribunal an updated draft Procedural Order, complete with the Issues List, no later than Thursday, March 7, 2024; and
c. that a Hearing on the merits will commence by Video Hearing on Monday, July 8, 2024, at 10 a.m. Five days have been set aside for the Hearing.
“F. Lavoie”
F. LAVOIE
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.