Candice St. Pierre v. Tay Valley Township, 2024 CanLII 40888

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 02, 2024

CASE NO(S).: OLT-24-000061

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Candice St. Pierre

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a seasonal cottage be used as a year-round dwelling

Reference Number: ZA23-04

Property Address: 147 Horseshoe Bay

Municipality/UT: Tay Valley/Lanark C

OLT Case No.: OLT-24-000061

OLT Lead Case No.: OLT-24-000061

OLT Case Name: Candice St. Pierre v. Tay Valley (Township)

Heard: April 25, 2024, by Video Hearing

APPEARANCES:

Parties

Counsel

Candice St. Pierre (“Appellant” / “Applicant”)

Philip Osterhout

Tay Valley Township (“Township”)

Emma Blanchard

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON April 25, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) respecting an Appeal by Candice St. Pierre. The Appeal arises following a refusal by the Township concerning a Zoning By-law Amendment Application to permit a seasonal cottage be used as a year-round dwelling.

Service of Notice of CMC

2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.

Requests for Status

3Area residents, Raymond Forse and Tom Houston, sought and were granted Participant status with consent of the Parties. No one else attended the CMC seeking either Party or Participant status.

MEDIATION AND SETTLEMENT

4The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both expressed openness to resolution discussions and/or Tribunal led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.

PROCEDURAL ORDER AND ISSUES LIST

5The Tribunal received and reviewed a draft Procedural Order from the Parties. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see Attachment 1).

HEARING

6Upon request of the Parties, the Tribunal set a five-day Hearing commencing on Monday, December 9, 2024, at 10 a.m. by Video Hearing. No further notice is required for the Hearing.

7Parties 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:

Goto Meeting: https://global.gotomeeting.com/join/660145013

Access Code: 660-145-013

8Parties 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

9Persons 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.

10Individuals 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

11THE TRIBINAL ORDERS that:

1. The date and particulars of the five-day Hearing are set out above;

2. The Procedural Order appended as Attachment 1 shall govern the proceedings; and

3. Raymond Forse and Tom Houston are granted Participant status.

12The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

“K.R. Andrews”

K.R. ANDREWS

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.

ATTACHMENT 1

CASE NO(S).: OLT-24-000061

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Candice St. Pierre

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a seasonal cottage be used as a year-round dwelling

Reference Number: ZA23-04

Property Address: 147 Horseshoe Bay

Municipality/UT: Tay Valley/Lanark C

OLT Case No.: OLT-24-000061

OLT Lead Case No.: OLT-24-000061

OLT Case Name: Candice St. Pierre v. Tay Valley (Township)

PROCEDURAL ORDER

1. Any date or deadline contemplated in this Procedural Order may be amended by agreement of the parties, or by the Tribunal upon request of the parties.

Organization of the Hearing

2. The video hearing will begin on December 9, 2024 at 10 a.m.

3. The parties’ initial estimation for the length of the hearing is 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

Requirements Before the Hearing

7. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 15, 2024, and in accordance with paragraph 18 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

8. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 18 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

9. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 18 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 10 below.

10. On or before September 16, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 18 below.

11. On or before November 4, 2024, the parties shall provide copies of any reply witness or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 18 below.

12. On or before September 16, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 18 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

13. On or before 28 days prior to the start of the hearing, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

14. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 10 days prior to the start of the hearing.

15. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

16. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

17. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 7 days prior to the start of the hearing with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

18. All service and filings shall be electronic copy. Hard copies will be provided to the Tribunal at its request. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

19. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment 1

List of Parties

Party

Counsel

Candice St. Pierre (Applicant / Appellant)

SOLOWAY WRIGHT LLP 700-427 Laurier Avenue West Ottawa, ON K1R 7Y2 Philip Osterhout Tel: 613-782-3202 Fax:613-238-8507 posterhout@solowaywright.com

Tay Valley Township

BORDEN LADNER GERVAIS LLP 100 Queen Street, Suite 1300 Ottawa, ON K1P 1J9 Emma Blanchard Tel: 613.369.4755 Fax: 613.230.8842 eblanchard@blg.com Laura E. Robinson Tel: 613.369.4754 Fax: 613.230.8842 lrobinson@blg.com

List of Participants

Participant

Raymond Forse

Tom Houston

Attachment 2

Issues List

1. Does the application to amend the Tay Valley Township Zoning By-law No. 02-121 (the “Zoning By-law”) in respect of the property legally described as Pt Lot 17, Concession 3, Geographic Township of North Burgess, municipally known as 147 Horseshoe Bay (the “Subject Property”) (the “Application”) have sufficient regard for the matters of provincial interest in section 2 of the Planning Act, R.S.O. 1990, c. P. 13, including:

• (a) the protection of ecological systems, including natural areas, features and functions;

• (c) the conservation and management of natural resources and the mineral resource base;

• (d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;

• (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;

• (h) the orderly development of safe and healthy communities;

• (n) the resolution of planning conflicts involving public and private interests;

• (p) the appropriate location of growth and development; and

• (r) the promotion of built form that, (i) is well designed, (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

2. Is the Application consistent with the Provincial Policy Statement, 2020, including the policies regarding:

• healthy, liveable and safe communities (Section 1.1.1)

• rural lands (Section 1.1.5)

• energy conservation, air quality and climate change (Section 1.8);

• sewage water and stormwater (Section 1.6);

• natural heritage (Section 2.1);

• water (Section 2.2); and

• cultural heritage and archaeology (Section 2.6).

3. Does the Application conform to the policies of the Lanark County Sustainable Communities Official Plan, including the policies regarding:

• protection of water quality;

• conservation and protection of natural heritage features;

• general land use policies regarding setbacks from a waterbody; and

• special policies regarding protection and preservation of the Rideau Canal.

4. Does the Application conform to the policies of the Tay Valley Township Official Plan, including the policies regarding:

• waterfront development;

• water setback;

• special policies regarding protection and preservation of the Rideau Canal; and

• residential conversion from secondary to principal use.

5. Does the Application represent appropriate development of the Subject Property and good land use planning.

6. Is it good land use planning to approve the Application, in the event that the Tribunal agrees that additional exceptions to the Zoning By-law would be required to bring the dwelling and other construction at the Subject Property into compliance with the Zoning By-law.

Attachment 3

Order of Evidence

1. Candice St. Pierre (Appellant)

2. Tay Valley Township

3. Appellant Reply, if any.