Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 09, 2024
CASE NO(S).: OLT-24-000037
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Carriage Country Club Inc.
Appellant: HSV GP Inc.
Appellant: Oro-Medonte Association of Responsible STRs;
Subject: Proposed Official Plan Amendment
Description: To institute a new official plan for Oro-Medonte
Reference Number: OM-OP-2201
Property Address: Township-Wide
Municipality/UT: Oro-Medonte/Simcoe C
OLT Case No.: OLT-24-000037
OLT Lead Case No.: OLT-24-000037
OLT Case Name: Glover v. Simcoe (County)
Heard: May 7, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Carriage Country Club Inc. | Andrew Jeanrie |
| HSV GP Inc. | Andrew Jeanrie |
| Oro-Medonte Association of Responsible STRs | Jonathan Nehmetallah Barry Sookman |
| Township of Oro-Medonte | Christopher J. Williams Laura Dean |
| County of Simcoe | Will Thomson |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon and J. Denyes ON May 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference ("CMC") held regarding multiple appeals filed pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended ("Act"), concerning a municipally initiated comprehensive update to the Township of Oro-Medonte ("Township") Official Plan ("New OP").
2The New OP was adopted by the Township on October 5, 2022, and approved by the County of Simcoe ("County") on November 14, 2023. Five appeals were subsequently filed by:
- Bill Glover;
- Stephen Schroeter;
- Oro-Medonte Association of Responsible STRs;
- Carriage Country Club; and
- HSV GP Inc.
NOTICE
3The Tribunal received an Affidavit of Service affirmed by Samantha Trottola on April 12, 2024, which was marked as Exhibit 1. There were no concerns with the service of Notice for the CMC and as such, no further notice is required in these proceedings.
STATUS REQUESTS AND UPDATES
4Prior to the CMC, the Tribunal received letters from Bill Glover and Stephen Schroeter confirming the withdrawal of their respective appeals. Accordingly, the following Parties to these proceedings were confirmed by the Tribunal:
- Oro-Medonte Association of Responsible STRs;
- Carriage Country Club;
- HSV GP Inc.;
- the Township; and
- the County.
5No other requests for Party or Participant status were made at the CMC.
SECOND CMC
6Counsel for the Township submitted that, should it be enacted as currently drafted, Bill 185, being the proposed Cutting Red Tape to Build More Homes Act, 2024 ("Bill 185"), would retroactively remove the appeal rights of the Appellants to these proceedings, thereby negating the ability to conduct a hearing of the merits. Therefore, the Township requested that a CMC be scheduled in the summer to provide the Parties with greater certainty regarding Bill 185 before finalising a Procedural Order, Issues List, or hearing dates.
7While counsel for each of the three appellants did not agree with the position that these proceedings should be delayed because of Bill 185 (the final outcome of which being unknown), they did consent to a second CMC being scheduled in late June 2024 for the purposes of finalising a Procedural Order and Issues List, and to set hearing dates, if necessary.
8The Tribunal scheduled a second CMC to be held by Video Hearing on Wednesday, June 26, 2024 at 10 a.m. and directed that the Parties provide the Tribunal with a Draft Procedural Order and Draft Issues List by no later than Friday, June 21, 2024.
9The Parties were further directed to be prepared to discuss the scheduling of a hearing of the merits – including the anticipated number of required hearing days and their preferred dates for same – at the second CMC.
10Parties 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/909787981
Access Code: 909-787-981
11Parties 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.
12Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
13Individuals 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
14THE TRIBUNAL ORDERS that the Parties provide a Draft Procedural Order and Draft Issues List to the Tribunal by no later than Friday, June 21, 2024.
15There will be no further notice.
16This Panel is not seized.
"S. Dixon"
S. DIXON
Member
"J. Denyes"
J. DENYES
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.