Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 02, 2024
CASE NO(S).: OLT-23-001078, OLT-23-001173
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: Domtech Inc.
Applicant: 1126501 Ontario O/A Voskamp Enterprises
Subject: Proposed Official Plan Amendment
Description: To permit residential uses on the subject property by allowing the existing commercial building to be converted to 15 residential townhouse dwelling units
Reference Number: D09/M10/23
Property Address: 40 Frankford Crescent
Municipality/UT: Quinte West/Hastings
OLT Case No.: OLT-23-001078
OLT Lead Case No.: OLT-23-001078
OLT Case Name: Domtech Inc v. City of Quinte West
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: Domtech Inc.
Subject: By-law No.
Description: To permit the redevelopment of the site by converting the existing commercial buildings into 15 townhouse dwelling units
Reference Number: D09/M11/23 & By-Law 23-148
Property Address: 40 Frankford Crescent (Part of 3, 4, and 5, Plan 219; City of Trenton; County of Hastings)
Municipality/UT: Quinte West/Hastings
OLT Case No.: OLT-23-001173
OLT Lead Case No.: OLT-23-001173
OLT Case Name: Domtech Inc. V. Quinte West (City)
Heard: April 15, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Domtech Inc. (“Appellant”)
Mark Pedersen
City of Quinte West (“City”)
John Ewart
1126501 Ontario Inc. (“Applicant”)
Unrepresented*
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON APRIL 15, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from the first Case Management Conference (“CMC”) held regarding appeals filed by Domtech Inc., pursuant to s. 17(36) and 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended in respect of the City of Quinte West’s approval of applications for a Zoning By-law Amendment and Official Plan Amendment (“OPA”), to permit the redevelopment of the property Municipally known as 40 Frankford Crescent (“Subject Lands”).
PROCEDURAL MATTERS
2The Tribunal was in receipt of two Affidavits of Service both sworn by Janice Haig dated March 14, 2024. There were no issues with the service of notice for the CMC, and as such, no further notice is required.
3The Appellant and City advised the Tribunal that there was a dispute with regards to the validity of the OPA appeal. They seek a one-day motion date to argue whether submissions made for an earlier and different OPA proposal for the Subject Lands fulfills the requirement for written submissions to council before the plan was adopted pursuant to s. 17(36) of the Planning Act.
4The Appellant and City also provided a draft Procedural Order to govern the exchange of documents before the motion date. The Tribunal approves the Procedural Order attached as Schedule “A” to this Decision.
5As the Applicant was not in attendance at the CMC, the Tribunal directs counsel for the City to communicate with Applicant.
6The Tribunal scheduled a motion date by Video Hearing for Thursday, October 3, 2024 at 10 a.m.
7Parties 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/709076365
Access Code: 709-076-365
8Parties 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 same as mentioned 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 Video Hearing 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 TRIBUNAL ORDERS the directions in this decision.
12The Member is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
“F. Lavoie”
F. LAVOIE
MEMBER
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.
SCHEDULE A
CASE NO(S).: OLT-23-001078 (OPA) OLT-23-001173 (ZBLA)
PROCEEDING COMMENCED UNDER ss.17(36) and 34(19) of the Planning Act
Applicant(s)/Appellant(s): 1126501 Ontario Inc. / Domtech Inc.
Subject: OPA and ZBLA
Property Address/Description: 40 Frankford Crescent
Municipality: City of Quinte West
Municipal File Nos.: D/09/M10/23 and D09/M11/23
OLT Case Nos.: OLT-23-001078 and OLT-23-001173
OLT File Nos.: OLT-23-001078 and OLT-23-001173
OLT Case Name: Domtech Inc. v City of Quinte West
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Preliminary Issue to be Decided
The validity of the Appellant’s OPA Appeal (OLT-23-001078) shall be decided by way of a Motion.
The Parties shall adhere to the following timetable respecting the said Motion:
i. The Municipality shall deliver to the Appellant and file with the Tribunal, on or before June 3, 2024, all documents, notes, correspondence, correspondence logs, or other like materials that relate to or bear on submissions, objections, or commentary delivered by the Appellant, itself or via its agents, to the Municipality respecting the Property implicated in the subject proceedings.
ii. The Municipality shall serve its Notice of Motion, together with associated materials pursuant to the OLT Rules, on or before July 19, 2024.
iii. The Appellant shall serve its Notice of Response to Motion, together with associated materials pursuant to the OLT Rules, on or before August 16, 2024.
iv. The Municipality shall serve its Reply Submission, if any and pursuant to the OLT Rules, on or before September 6, 2024.
Procedure Upon Determination of Motion
On determination of the said Motion, any Party shall be entitled to request that the Tribunal schedule a Case Management Conference or Scheduling Conference.
The issue of consolidation of the herein OLT proceedings is held in abeyance pending determination of the said Motion.
This Member is not seized.
So orders the Tribunal.