Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 5, 2024
CASE NO.: OLT-23-000349
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Dan Montsion
Subject: Conveyance of land for park purposes
Description: To determine the Cash-In-Lieu of Parkland Fee
Reference Number: Permit Application # 23-000666 and Permit # 2300946
Property Address: 4020 Diamondview Road
Municipality/UT: Ottawa/Ottawa
OLT Case No: OLT-23-000349
OLT Lead Case No: OLT-23-000349
OLT Case Name: Montsion v. Ottawa (City)
BEFORE:
S. TOUSAW VICE-CHAIR
Wednesday, the 5th day of June, 2024
UPON APPEAL to the Ontario Land Tribunal (the “Tribunal”) by Dan Montsion (the “Appellant”) against Parkland Dedication By-law 2022-280 enacted August 31, 2022 by the City of Ottawa;
AND THE TRIBUNAL having received the Notice of Appeal dated April 26, 2023 and requested to put the matter on hold since July 24, 2023 to work towards a potential resolution with the City of Ottawa, and while being informed since November 20, 2023 of settlement discussions;
AND THE TRIBUNAL having been informed on a May 29, 2024 correspondence from the City of Ottawa that the Parkland Dedication By-law 2022-280 was enacted on August 31, 2022 and the Appellant’s Notice of Appeal was received on May 21, 2023 outside of the 40 day requirement to appeal a parkland by-law under Planning Act, Sec. 42 (4.5), which states:
Notice of by-law and time for appeal
(4.5) The clerk of a municipality that has passed a by-law under this section shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 2 (4).
AND THE TRIBUNAL upon review of the appeal form, finds the appeal was filed after the statutory filing period and therefore, the Tribunal will not process the appeal.
AND WHEREAS THE TRIBUNAL may, on its own initiative and without a hearing event, dismiss a matter under Rule 15.4 (b) and (c) of the Tribunal’s Rules of Practice and Procedure (“Rules”), which states:
15.4 Dismissal of Proceeding without a Hearing
The Tribunal may, on its own initiative and without a hearing event, dismiss a matter by adjudicative order where:
(b) the initiating matter deals with matters that are outside the jurisdiction of the Tribunal; or
(c) some aspect of the statutory requirements for bringing the proceeding has not been met.
Before dismissing a matter, the Tribunal shall provide appropriate notice of the intended dismissal to the party who has initiated the proceeding and any appropriate statutory parties to the proceeding. All parties who receive such notice may make written submissions on the dismissal within the timelines set out in Rule 10.
AND THE TRIBUNAL finds that formal notice to the Appellant of the intended dismissal is not required given the ongoing communications between the Appellant and the City of Ottawa, the excessive lateness of the filing of the appeal, and the absence of jurisdiction for the Tribunal related to an appeal not filed in accordance with the timeframe in legislation. These findings are enabled by Rule 1.3:
1.3 Interpretation of the Rules
These Rules shall be liberally interpreted to offer the best opportunity for a fair, just, expeditious and cost-effective resolution of the merits of the proceedings.
THE TRIBUNAL ORDERS upon its own motion under section 4.6 (1) (b) and (c) of the Statutory Powers Procedure Act that the appeal by Dan Montsion under case OLT-23-000349 is hereby dismissed without holding a public hearing.
“Euken Lui”
EUKEN LUI REGISTRAR (A)
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.