Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 28, 2024
CASE NO(S).: OLT-23-001161
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27
Applicant/Appellant: Rasto Stojkovski
Respondent: Essex Region Conservation Authority
Subject: Appeal of decision
Description: To undertakes the Reconstruction of a House and Detached Structure
Property Address: 138 Lakeshore Drive
Municipality/UT: Municipality of Leamington/County of Essex
OLT Case No: OLT-23-001161
OLT Lead Case No: OLT-23-001161
OLT Case Name: Stojkovski v. Essex Region Conservation Authority
Heard: March 11, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Rasto Stojkovski | Brian Chillman Darwin Harasym |
| Essex Region Conservation Authority | Michael Gordner |
DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (the “CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding the appeal brought by Rasto Stojkovski (the “Appellant”) concerning a notice of decision dated October 25, 2023, and issued by the Essex Region Conservation Authority (the “Respondent”) denying an application for a permit to undertake the reconstruction of a house and detached structure at the property located at 38 Lakeshore Drive, in the Municipality of Leamington, Ontario (the “Property”).
2At the CMC, the Parties discussed the identification of issues to be adjudicated at a hearing as well as opportunities for settlement discussions.
NOTICE OF THE CMC
3Pursuant to the Tribunal Hearing Guide, the Parties can expect to receive at least 30 days’ advance notice for a CMC. This 30-day notice period was abridged by two days with respect to the CMC. At the CMC, each of the Appellant and the Respondent confirmed that they had no objection to this abridgement, and each wished to proceed with the CMC as currently scheduled.
IDENTIFICATION OF ISSUES
4The Parties discussed the identification of the issues to be adjudicated at a hearing. No draft Procedural Order (“PO”) and Issues List (“IL”) had been circulated or filed with the Tribunal in advance of the CMC. A summary of the issues raised by the Appellant is as follows:
(i) the Appellant submits that the Respondent erred in characterizing the proposed reconstruction at the Property as a “development” which is required to comply with the current development criteria set forth in the Conservation Authorities Act (the “Act”);
(ii) the Appellant submits that the Respondent erred in its consideration of “safety considerations” in refusing to exercise its discretion under Section 3(1) of Ontario Regulation 158/06: Essex Region Conservation Authority: Regulation of Development, Interference with Wetland and Alterations to Shorelines and Watercourses; and
(iii) the Appellant submits that the Respondent did not give any reasons, or in the alternative, gave insufficient reasons, in rendering its decision.
5The Parties proceeded to discuss the issues and agreed to work together to further narrow the issues and develop a draft PO and IL.
6The Parties discussed settlement opportunities but noted that a settlement appears to be unlikely in these circumstances. The Tribunal encouraged the Parties to continue settlement discussions if a potential resolution was possible.
7The Parties then agreed to schedule a subsequent CMC at which a draft PO and IL would be finalized in the event that their settlement discussions are unsuccessful.
8The Tribunal has scheduled a subsequent CMC to be held by video hearing on Wednesday, April 10, 2024, at 10 a.m.
9Parties and participants 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/719383509
Access Code: 719-383-509
10Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons 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.
12Individuals 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
13The Tribunal orders that a draft PO and IL be filed with the Tribunal at least one day prior to the commencement of the next CMC to be held on April 10, 2024, either submitted jointly on consent of both parties or identifying areas of dispute, if any.
14This Member is seized.
“Jennifer Campbell”
JENNIFER CAMPBELL 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.