Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 15, 2024
CASE NO(S).:
OLT-23-001311
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant (jointly):
Michael and Sharon White
Applicant:
Michael Boxer
Respondent:
Niagara Escarpment Commission
Subject:
Conditions of Approval for a Development Permit Application
Description:
To appeal conditional approval of a Development Permit for constructing a new two-storey dwelling with attached garage and installation of a new septic system
Reference Number.:
H/R/2022-2023/395
Property Address:
3265 Given Lane
Municipality/UT:
Milton/Halton
OLT Case No.:
OLT-23-001311
OLT Lead Case No.:
OLT-23-001311
OLT Case Name:
White v. Ontario (Niagara Escarpment Commission)
Heard:
April 5, 2024 by Video Hearing
APPEARANCES:
Parties
Representative
Michael White and Sharon White
Self-represented
(“Appellants”)
Michael Boxer
Sam Koop
(“Applicant”)
Aldrin Fernandes and Tanya Vakil
Self-represented
Fernandes
(“Owners”)
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON APRIL 5, 2024 AND ORDER OF THE HEARING OFFICE
INTRODUCTION
1A Tribunal Member constitutes a Hearing Officer and the Tribunal functions as the Niagara Escarpment Hearing Office (“NEHO” or “Hearing Office”) for appeals under the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.3 (“NEPDA”).
2This was the first Case Management Conference (“CMC”) before the NEHO with respect to an appeal under section 25(5.1) of the NEPDA by the Appellants against the conditional approval of a Development Permit by the Niagara Escarpment Commission (“NEC”) applied for by the Applicant on behalf of the Owners. The Owners wish to the construct a new two-storey dwelling with an attached garage and the installation of a new septic system on land known municipally as 3265 Given Lane in the Town of Milton (“Subject Site”).
3Ginny Hang, a planner with the NEC, attended the CMC.
4Notice of the CMC was sent administratively on February 6, 2024. No further notice is required.
SETTLEMENT AND MEDIATION
5Prior to the CMC, no meaningful discussion had occurred between the Parties to attempt to resolve the issues. It was explained to the Parties that a settlement of the matter will likely be more efficient and cost effective for them, and the NEHO encouraged them to explore that avenue for a potential resolution of the dispute.
NEXT STEPS
6Prior to the CMC, no Procedural Order or Issues List was provided to the NEHO. It was apparent to the NEHO that the Parties had had no conversations to define the issues, nor had they had the opportunity to scope out the number of lay and expert witnesses required if the matter was to proceed to a Merit Hearing.
7Accordingly, the NEHO had to schedule a second CMC to organize the appeals. The NEHO expects that at the second CMC the NEHO would consider a draft Procedural Order and Issues List provided by the Appellants or the Owners, or by all of them on consent. Alternatively, the NEHO might be informed of a settlement and the withdrawal of the Appeal. Finally, it might be open to the Owners to seek dismissal of the appeals based on the relevant statutory tests, including under s. 19 of the Ontario Land Tribunal Act, S.O. 2021, Chapter 4.
8The NEHO directed that a second CMC is to be held on Friday, May 17, 2024, at 10 a.m. by video hearing.
9Parties and interested person 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/348282861
Access Code: 348-282-861
10Parties and Interested person 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
11Individuals 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 the same as mentioned 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 HEARING OFFICE ORDERS its directions in this Decision.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.