Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 09, 2024
CASE NO(S).: OLT-23-000823
PROCEEDING COMMENCED UNDER subsection 25(8) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2.
Appellant: Pawanpreet Khaur
Appellant: Rosa and Sonjia Vascotto
Applicant: Taylor Beech
Respondent: Niagara Escarpment Commission
Subject: Approval of a Development Permit Application
Description: Proposed to demolish an existing one storey single dwelling to construct a two storey single dwelling
Reference Number: H/R/2021-2022/139
Property Address: 134 Tremaine Road
Municipality/UT: Milton/Halton
OLT Case No: OLT-23-000823
OLT Lead Case No.: OLT-23-000823
OLT Case Name: Khaur v. Ontario (NEC)
Heard: December 15, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Taylor Beech
Martin Mazierski
Rosa and Sonjia Vascotto
Sonjia Vascotto*
Niagara Escarpment Commission
Ginny Hang*
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER CAMPBELL ON DECEMBER 15, 2023 AND ORDER OF THE TRIBUNAL
1This Decision arises from a case management conference (the “CMC”) brought before the Ontario Land Tribunal (in its role as the Niagara Escarpment Hearing Office (the “Hearing Office”)) regarding the Appeal brought by Rosa and Sonjia Vascotto (collectively, the “Appellants”) and Pawanpreet Khaur concerning the conditional approval by the Niagara Escarpment Commission (the “Respondent”) of a development permit application providing for the demolition of an existing one-storey dwelling and the construction of a two-storey single dwelling at the property located at 134 Tremaine Road, Milton, Ontario (the “Property”). Prior to the CMC, Pawanpreet Khaur withdrew their appeal and accordingly, the Appellants remain the only appellants in this proceeding.
2At the CMC, the Parties discussed the identification of issues to be adjudicated at the hearing as well as opportunities for settlement discussions and potential hearing dates.
IDENTIFICATION OF ISSUES
3A prior CMC had been held on November 24, 2023, at which (i) Taylor Beech (the “Applicant”) was granted Party status in the proceeding; and (ii) the Parties engaged in a preliminary review and discussion of the issues to be adjudicated at the hearing. The Parties had subsequently engaged in settlement discussions, and the remaining issues were summarized at the current CMC as follows:
(i) concerns regarding the negative impact that the proposed development would have as a result of its proposed setback, in the context of both neighbouring properties and the size of the Property;
(ii) concerns regarding a “fortress of trees” that was proposed to be erected, and related landscaping considerations; and,
(iii) potential additional issues related to concerns raised by the Respondent in the course of its initial review of the proposed development, which were not yet fully identified by the Appellants.
4To date, the Parties have been proceeding in a spirit of cooperation and have made significant progress towards a full and final settlement, which would obviate the need for a hearing in this matter. As a result of this progress and the nature of their interactions to date, both Parties expressed confidence that they would be able to continue productive discussions and, if unable to resolve their remaining differences, to submit a mutually acceptable Procedural Order and Issues List to the Hearing Office by Friday, January 5, 2024.
5The Parties further agreed to schedule a hearing in order to establish a firm timeline for conclusion of this matter. Several dates for a hearing were canvassed, however, the Applicant requested additional time to canvass the availability of one potential witness who was not in attendance at the CMC. Accordingly, the Parties agreed to revert to the Hearing Office by email following conclusion of the CMC to set the dates for the hearing. Following the CMC, the Parties confirmed that they were each available for a two-day hearing to be held by April 2024. Subsequently, the Appellants withdrew their appeal.
ORDER
6THE HEARING OFFICE ORDERS that the appeal is dismissed.
"Jennifer Campbell"
JENNIFER CAMPBELL
HEARING OFFICER
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.