Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2024
CASE NO(S).: OLT-22-002220
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club
Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. & Rose DiRenzo.
Appellant: Marz Homes (Crystal Beach) Inc
Subject: Proposed Official Plan Amendment No. 56
Municipality: Town of Fort Erie
OLT Case No.: OLT-22-002220
OLT Lead Case No.: OLT-22-002220
OLT Case Name: Crystal Beach Tennis and Yacht Club. v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club
Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. & Rose DiRenzo
Appellant: Marz Homes (Crystal Beach) Inc.
Subject: By-law No. BL 144-2021
Municipality: Town of Fort Erie
OLT Case No.: OLT-22-002221
OLT Lead Case No.: OLT-22-002220
Heard: May 3, 2024, by Video Hearing
APPEARANCES:
Parties Counsel
Crystal Beach Tennis and Yacht Club Nicholas Macos
3101669 Nova Scotia Company & 100005426 Ontario Inc. Patrick Maloney
Marz Homes (Crystal Beach) Inc. Rebecca Locksley
Town of Fort Erie Callum Shedden Dylan Nadeau (student-at-law)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Sauve and G. Ross ON May 3, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision and order relate to the hearing of the fifth Case Management Conference (“CMC”) concerning several appeals pursuant to s. 17(24) and 34(19) of the Planning Act (“Act”) opposing the decisions of the Town of Fort Erie (“Town”) to adopt Official Plan Amendment No. 56 (“OPA 56”) and Zoning By-Law Amendment (“ZBA”) No. 144-2021 (“ZBL No.144-2021”). OPA 56 is also known as the Crystal Beach Secondary Plan, and the lands subject to this amendment cover an approximate area of 359.4 hectares.
2The Tribunal was notified by the Parties that the existing Appellants - with the exception of Appellant Rose DiRenzo - are seeking to adjourn their Appeals in order to move their settlement discussions forward, noting withdrawals may follow.
3The parties informed the Tribunal that Ms. DiRenzo has not been responding to inquiries and noted that her absence at this CMC could prejudice their cases. It should be noted that Ms. DiRenzo had also failed to be present at the previous CMC. Ms. DiRenzo was represented in the past, however, new representation was not secured. The other Parties asked that the DiRenzo appeal be dismissed by the Tribunal. They believe this would assist in advancing the matters before the Tribunal. The Tribunal has since been notified in writing that Ms. DiRenzo has withdrawn her Appeal.
4The Parties asked the Tribunal to vacate the hearing dates scheduled for August 12 to August 20, 2024, and use the August 12, 2024, date to schedule a one-day CMC.
NEXT STEPS
5The Tribunal concludes that the request by the Appellants, supported by the Town, to cancel the scheduled hearing dates of August 12, 2024 to August 20, 2024, is reasonable and efficient, given the considerable advancement by the Town and the Appellants in settlement discussions.
6The Tribunal has scheduled an additional CMC on Monday, August 12, 2024 at which time any further updates from the Town and the Appellants will be provided.
7The Tribunal applauds the co-operative efforts by the remaining Appellants and the Town.
HEARING INFORMATION
8A CMC has been scheduled on Monday, August 12, 2024, beginning at 10 a.m. by video hearing.
9The details to access the video hearing are below. Parties and Participants are asked to log into the video hearings at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
10Parties 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
11Persons 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 codes is indicated above.
12Individuals 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 CMC 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
ORDER
13The TRIBUNAL ORDERS THAT
A CMC shall commence on Monday, August 12, 2024, at 10 a.m. by video hearing.
The Hearing dates of August 12, 2024, to August 20, 2024, are vacated.
14The Members are not seized.
15No further notice is required.
“A. Sauve”
A SAUVE
MEMBER
“G. Ross”
G. ROSS
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.