Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 29, 2024
CASE NO(S).: OLT-24-000093
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: JRB Williams Enterprises Inc.
Subject: Application to amend the Zoning By-law – Refusal of Application
Description: To permit a development consisting of 32 residential units located in 8 buildings
Reference Number: Z13-2022
Property Address: Part of Lot 33, Conc. C
Municipality: Brighton/Northumberland
OLT Case No.: OLT-24-000093
OLT Lead Case No.: OLT-24-000093
OLT Case Name: JRB Williams Enterprises Inc. vs. Brighton (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: JRB Williams Enterprises Inc.
Subject: Proposed Plan of Subdivision – Refusal by Approval Authority
Description: To permit a development consisting of 32 residential units located in 8 buildings
Reference Number: SUB2022-01
Property Address: Part of Lot 33, Conc. C
Municipality: Brighton/Northumberland
OLT Case No.: OLT-24-000094
OLT Lead Case No.: OLT-24-000093
OLT Case Name: JRB Williams Enterprises Inc. vs. Brighton (Municipality)
Heard: May 23, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| JRB Williams Enterprises Inc. | Jennifer Savini |
| Municipality of Brighton | John Ewart |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN AND A. SNOWDON ON MAY 23, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) relating to appeals brought pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) and s. 51(39) of the Act, from the refusal by the Council of the Municipality of Brighton (“Municipality”) with respect to applications for a Zoning By-law Amendment and a Plan of Subdivision Application respectively. The appeals have been filed by JRB Williams Enterprises Inc. (“Appellant”) regarding the property located at Elgin Street East – Part 1 of Plan 38R-4209, and Part 3 of Plan 38R-4781, within Part of Lot 33, Con. C, Brighton.
2The Tribunal is in receipt of the Affidavit of Service signed April 19, 2024. No further notice is required. The Affidavit of Service was marked as Exhibit 1.
STATUS REQUESTS
3In advance of this CMC, the Tribunal was in receipt of one-Party status request from John Crowe, on behalf of the Presqu'ile Yacht Club Incorporated (“PYCI”). Following an explanation of the responsibilities of Parties, the need for independent witnesses, and the need to avoid duplicating issues, John Crowe, on behalf of the PYCI, opted for Participant status, provided that their concerns would be addressed. The Municipality has agreed to work with PYCI to combine their concerns with those of the Municipality to reduce duplication and provide for an efficient hearing. The Tribunal granted Participant status to PYCI on consent of all Parties. PYCI is to provide a written Participant statement to the Municipality and the Case Coordinator on or before Monday, June 10, 2024, to aid in facilitating the submission of the Procedural Order (“PO”) and Issues List (“IL”).
4The Tribunal received four Participant status requests. Statements were received from Jake DeGroot, Patricia Scanlon, Suzanne Scanlon, and Wojciech Luba. The Tribunal granted Participant status to all individuals on consent of the Parties.
MEDIATION
5The Parties jointly advised the Tribunal that they are open to Tribunal assisted mediation once the IL has been refined. The Panel noted that Tribunal-led mediation is available through the Case Coordinator.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
6Prior to the commencement of the CMC, a draft PO and IL was received by the Tribunal. The Parties indicated that the IL is still being finalized noting with the addition of issues, that the issues of PYCI will be included in the final draft submission.
7The Parties have agreed to submit a final draft PO and IL on or before Friday, June 14, 2024, for the Tribunal’s consideration and approval.
SCHEDULING OF HEARING
8Based on the number of witnesses along with the anticipated addition of issues from PYCI, the Parties requested a three-day Merit Hearing.
9The Merit Hearing has been set for Wednesday, September 25, 2024, at 10 a.m. by Video Hearing.
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:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
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 in to an audio-only telephone line: Toll-Free 1-888-299 1889 or +1 (647) 497- 9373. 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.
14The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
15No further appearances are scheduled prior to the Merit Hearing.
ORDER
16The Tribunal confers Participant status to the following:
- the Presqu'ile Yacht Club Incorporated;
- Jake DeGroot;
- Patricia Scanlon;
- Suzanne Scanlon; and
- Wojciech Luba
17A Merit Hearing will commence on Wednesday, September 25, 2024, at 10 a.m. by Video Hearing.
18The Tribunal Orders all other case management directives noted in this Decision.
19No further notice will be given.
20The Panel is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
“D. Chipman”
D. Chipman
member
“A. Snowdon”
a. snowdOn
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.