Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 18, 2024
CASE NO(S).: OLT-23-000864
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: The Corporation of the City of Sarnia
Applicant: 2858946 Ontario Inc.
Subject: Zoning By-law
Description: To permit a residential townhouse development on the lands known as the Marina Lands
Reference Number: Z-01-023
Property Address: Exmouth Street Marina Lands
Municipality/UT: Point Edward/Lambton
OLT Case No: OLT-23-000864
OLT Lead Case No: OLT-23-000864
OLT Case Name: Sarnia (City) v. Point Edward (Village)
Heard: March 14, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Sarnia
B. Engell R. Kalar (in absentia)
Village of Point Edward
P. Lombardi
2858946 Ontario Inc.
A. Baroudi
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MARCH 14, 2024 AND ORDER OF THE TRIBUNAL
1This second Case Management Conference ("CMC") was convened for the City of Sarnia's ("Appellant") appeal to a Zoning By-law Amendment passed by the Village of Point Edward ("Village") for the proposed townhouse development of 2858946 Ontario Inc. ("Applicant") in the area known as the Exmouth Street Marina Lands.
2A Motion to Dismiss, filed by the Applicant and the Village, was withdrawn following receipt of the Appellant's Response to Motion, and the Parties requested to proceed with this CMC to plan next steps.
3With the Parties' input on availability, a Hearing on the Merits was scheduled as set out below. The Procedural Order, filed on consent after the CMC, is now approved as contained in Schedule 1.
4Based on continued discussions among the Parties, should fewer days be required for the Hearing, the Parties will advise the Tribunal six (6) weeks before the Hearing.
5The Parties are aware that Tribunal-led mediation is available should mediation be considered helpful in reducing issues or achieving a settlement.
6If a settlement is reached, the Parties may request a written Hearing, which may enable earlier scheduling on the Tribunal's calendar.
7The Hearing on the Merits is scheduled for seven (7) days, commencing Wednesday, September 11, 2024 at 10 a.m. and ending on or before Thursday, September 19, 2024 by Video Hearing.
8Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1(647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is as indicated in paragraph eight 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 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.
12There will be no further notice and this Member is not seized.
ORDER
13The Tribunal Orders its directions as set out above.
"S. Tousaw"
S. tousaw
VICE-CHAIR
Ontario Land Tribunal
Website: 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.