Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2024
CASE NO(S).: OLT-23-001046
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 11923811 Canada Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: Proposing the construction of rental cottages, a boathouse and an accessory dwelling
Reference Number: 21-08 Lennox
Property Address: 16 Fire Route 94A
Municipality/UT: Trent Lakes/Peterborough
OLT Case No: OLT-23-001046
OLT Lead Case No: OLT-23-001046
OLT Case Name: 11923811 Canada Inc. v. Trent Lakes (Municipality)
Heard: February 21, 2024, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 11923811 Canada Inc. (“Applicant”) | Jennifer Savini |
| Municipality of Trent Lakes (“Municipality”) | Laura Dean |
| Bill Jackson | John Ewart |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON febuary 21, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to develop a site municipally known as 16 Fire Route 94A in the Municipality (“Subject Property”) to construct a boathouse, three rental cabins and a two-storey accessory building. To this end, the Applicant had applied to amend the Municipality’s Zoning By-law (“ZBA”) to re-zone the Subject Property from Shoreline Residential – Private Access (SR-PA) to Tourist Commercial Exception (TC-xx). The Appeal is brought pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), due to the Municipality’s refusal of the ZBA.
2On February 21, 2024, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeal, address status requests and establish next steps in this proceeding.
NOTICE
3There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC sworn on December 20, 2023, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
4The Tribunal received a written request for Party Status from Bill Jackson. Mr. Jackson’s property is close to the Subject Property, and he had made representations to the Municipality before the refusal of the ZBA. He intends to present evidence from an expert in land use planning to assist the Tribunal, while being efficient and avoiding duplication.
5The Applicant did not object to adding Mr. Jackson as a Party, and the Municipality consented. The Tribunal directed that Bill Jackson be added as a Party.
6No other person sought Party or Participant status.
OPPORTUNITIES FOR SETTLEMENT
7Counsel for the Parties advised that they have not engaged in settlement discussions.
8The Parties are directed to advise the Tribunal, as soon as possible, of any settlement, and are encouraged to narrow the issues following the meeting of experts.
NEXT STEPS
9A draft Procedural Order was not provided to the Tribunal prior to the CMC. However, Counsel for the Parties indicated that they have a consensus on the Procedural Order, including the Issues List. Counsel for the Applicant undertook to file a finalized draft Procedural Order within a week of the CMC. The Tribunal directed the Parties to work cooperatively to finalize the draft Procedural Order which is to be filed with the Tribunal no later than Thursday, February 29, 2024.
10The Parties indicated that they each intend to call one land use planning expert and that a three-day merit hearing would be required. Accordingly, the Tribunal directed that a three-day Merit Hearing commence at 10 a.m. on Wednesday, June 26, 2024, by video hearing. In the event of a narrowing of issues, the Tribunal directed that the Parties indicate to the Tribunal that hearing dates may be released at least 35 days before the start of the Hearing.
11Parties 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://global.gotomeeting.com/join/519389173
Access code: 519-389-173
12Parties 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.
13Individuals 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 519-389-173.
14Individuals 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 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
15THE TRIBUNAL ORDERS its directions in this Decision.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.