Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 23, 2024
CASE NO(S).: OLT-22-004582
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
John MacInnis
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit construction of a single detached dwelling and a dock.
Reference Number:
ZA 22-2020
Property Address:
1114 Tyron Road
Municipality/UT:
Gravenhurst/Muskoka
OLT Case No:
OLT-22-004582
OLT Lead Case No:
OLT-22-004582
OLT Case Name:
MacInnis v. Gravenhurst (Town)
Heard:
January 8, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
John MacInnis
Colin Léger
(“Applicant”)
Town of Gravenhurst
Edward Veldboom
(“Town”)
Steven Page
Harold G. Elston Carly Emmett
MEMORANDUM OF ORAL DECISION DELIVERED BY Jean-pierre blais On january 8, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to develop a site known municipally as 1114 Tyron Road 3 in the Town (“Subject Property”). To this end, the Applicant made an application to amend Zoning By-law No. 2010-04 to permit the construction of a single detached dwelling closer to the shoreline on the Subject Property. The Applicant brought an appeal pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, due to the Town’s refusal of the application.
2On January 8, 2024, the Tribunal held a Case Management Conference (“CMC”) to organize the appeal and establish next steps in this proceeding.
NOTICE
3Notice of the CMC was sent to the relevant persons as evidenced by an Affidavit of Service sworn on December 13, 2023, which was marked as Exhibit 1.
STATUS
4The Tribunal was in receipt of a Request for Party Status from Santino Corp., a company owned by Steven Page. Mr. Elston, Co-counsel for both that corporation and Mr. Page, explained that his clients own interests in lands adjacent to the Subject Property, had objected to the application, have an interest in the outcome of this appeal, and intend to advance an expert in land use planning to assist the Tribunal in making its determinations on the merits of this matter. Counsel also indicated that he was now proposing that Mr. Page (rather than Santino Corp.) be the added as a Party. The Applicant objected to adding a Party to the proceeding. Although the Applicant did not object that the Party be Mr. Page, instead of Santino Corp., he questioned what benefit would be gained by adding a Party as the issues would be fully addressed by the Town. The Town did not object to making Mr. Page a Party.
5Having heard from Counsel, the Tribunal directed Steven Page be made a Party to this proceeding.
6No other person sought Party or Participant status.
OPPORTUNITIES FOR SETTLEMENT
7Counsel advised that they have engaged in discussions to narrow the issues. While the Parties are open to further discussions, there is currently no prospect of a resolution of the appeal by mediation or settlement.
NEXT STEPS
8A draft Procedural Order, including a draft Issues List, was provided to the Tribunal prior to the CMC. Although Counsel for the Applicant indicated that he would have structured the Issues List differently, a consensus emerged at the CMC and the Parties agreed to the draft Issues List as originally submitted. The Tribunal directed the Applicant to finalize the draft Procedural Order in consultation with all Parties, and to file it with the Tribunal’s Case Coordinator on or before Friday, January 12, 2024.
9Counsel for the Parties agreed that a two-day Hearing would be required to consider the evidence of four proposed experts, namely experts in land use planning for each of the Parties, and a flood engineer for the Applicant. The Tribunal noted that the Parties must co-operate before and at the hearing to avoid redundancy of evidence.
10Having heard the positions of Counsel, the Tribunal finds that setting a two-day Merit Hearing is reasonable in the circumstances and directed that the Hearing commence at 10 a.m. on Wednesday, April 17, 2024 by Video Hearing.
11The Parties are directed to advise the Tribunal of any settlement as soon as possible.
12Parties are asked to log into 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/709076365
Access code: 709-076-365
13Parties 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
14Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 709-076-365.
15Individuals 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
16THE TRIBUNAL ORDERS its directions as set out in this Decision.
17THE TRIBUNAL FURTHER ORDERS that the Procedural Order, including the Issues List, attached as Attachment A to this Order, is approved.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
MEMBER
Ontario