Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 30, 2024
CASE NO(S).: OLT-23-000402
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Joseph and Irene Moore
Subject: By-law No. 48-2023
Description: Official Plan Amendment to facilitate the creation of two new lots for residential development
Reference Number: 350302-0163
Property Address: 214 Windmill Point Road South
Municipality/Upper Tier: Fort Erie/Niagara
OLT Case No.: OLT-23-000402
OLT Lead Case No.: OLT-23-000402
OLT Case Name: Moore v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Joseph and Irene Moore
Subject: By-law No. 51-2023
Description: Zoning By-Law Amendment to facilitate the creation of two new lots for residential development
Reference Number: 350309-0545
Property Address: 214 Windmill Point Road South
Municipality/Upper Tier: Fort Erie/Niagara
OLT Case No.: OLT-23-000403
OLT Lead Case No.: OLT-23-000402
OLT Case Name: Moore v. Fort Erie (Town)
Heard: April 24, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Joseph and Irene Moore ("Applicants/Appellants") | Meredith Baker |
| Town of Fort Erie ("Township") | Karen Shedden |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON APRIL 24, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference ("CMC") with respect to appeals under 17(36) and s. 34(19) of the Planning Act by the Applicants/Appellants against the Town regarding an Official Plan Amendment and Zoning By-Law Amendment to facilitate the creation of two new lots for residential development at 214 Windmill Point Road South ("Subject Property").
NOTICE AND ADJOURNMENT OF CMC
2The CMC could not proceed because notice of the CMC had not been served by the Town of Fort Erie ("Town") in advance of the CMC as directed by the Tribunal. Counsel for the Parties reported that the Parties are working towards a settlement and Counsel for the Applicants/Appellants requested dates for a Merit Hearing. As a Merit Hearing cannot be scheduled nor a CMC proceed without notice, this CMC was adjourned to Thursday, July 04, 2024 at 10 a.m. by Video Hearing ("VH"). The Tribunal will provide the Town with a Notice of Case Management Conference with this date along with a Direction Letter and relevant contact list so that the Town may give Notice.
3Parties are asked to log in to the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
4Persons who experience technical difficulties accessing the GoToMeeting 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) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated in paragraph [3] above.
5Individuals 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
6THE TRIBUNAL ORDERS THAT:
this Case Management Conference is adjourned to Thursday, July 04, 2024, at 10 a.m. by Video Hearing;
Notice of the Case Management shall be required;
should settlement of this matter be achieved, the Parties shall file Minutes of Settlement, a draft order and supporting evidence seven (7) days in advance of the Case Management Conference, and the Tribunal, in its discretion, may convert the Case Management Conference into a Settlement Hearing;
this Member is not seized.
"Jennifer Gold"
JENNIFER GOLD 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.