Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 01, 2024
CASE NO(S).: OLT-24-000072
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Regiane Filizola
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the use of a bed and breakfast establishment with up to 3 guest rooms
Reference Number: P3369
Property Address: 107 Martin Grove
Municipality/UT: The Blue Mountains/Grey
OLT Case No.: OLT-24-000072
OLT Lead Case No.: OLT-24-000072
OLT Case Name: Filizola vs The Blue Mountains (Town)
Heard: April 24, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Regiane Filizola
Self-represented*
(Appellant / Applicant)
Town of Blue Mountains
Denise Baker
Andre Babin
Self-Represented*
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON April 24, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Regiane Filizola (“Appellant/Applicant”). The appeal arises from the refusal by the Town of Blue Mountains (“Town”) regarding an amendment to Zoning-By-law 2018-65 to permit the use of the existing single detached dwelling on lands known municipally as 107 Martin Grove, as a Bed and Breakfast.
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
3Andre Babin attended the CMC seeking Party status as an area resident, who has a clear genuine interest in the matter. Mr. Babin confirmed that he understands the role and obligations of a Party and is prepared to fulfill such a role and satisfy such obligations. On consent of the Parties, the Tribunal granted Party status to Mr. Babin.
4Each of the following area residents attended the CMC and were granted Participant status on consent:
Silvia Weismann; and
Andrew Sclater.
5No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
6The Tribunal explored the possibility of mediation and settlement with the Parties. As this Appeal is based on a principle of a land use issue, the Town was not able to engage in mediation and requested that the matter proceed to a merit hearing.
PROCEDURAL ORDER AND ISSUES LIST
7With the addition of another Party being granted status, the Tribunal finds it prudent to schedule a second CMC to consider the contents of a draft Procedural Order and Issues List. The Tribunal made it clear to the Parties that a draft Procedural Order and Issues List must be filed with the Tribunal by Wednesday, May 15, 2024.
8As the Applicant bares the onus in this appeal, Counsel for the Town advised that should there be no evidence in support of this Appeal they may choose to request that a Motion to Dismiss be heard at the second CMC and will do so in accordance with the Tribunal’s Rules of Practice and Procedure.
9The Applicant advised the Tribunal that they intend to subpoena the author of the Town Planning Report regarding the application to the Town, as a witness to a merit hearing. The Applicant shall provide the Tribunal with confirmation of said subpoena on or before May 15, 2024.
SECOND CMC
10Upon request of the parties, the Tribunal set a second CMC hearing commencing on Friday, June 21, 2024, at 10 a.m. by video hearing. No further Notice is required.
11Parties 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/979388733
Access code: 979-388-733
12Parties 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
13Persons 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.
14Individuals 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
15THE TRIBUNAL ORDERS that:
The date and particulars of the hearing are set out above;
Andre Babin is granted Party status;
Silvia Weismann and Andrew Sclater are granted Participant status.
16The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. INNIS
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.