CORRECTION NOTICE
OLT CASE NO(S).: OLT-24-000265
DECISION ISSUE DATE(S): June 11, 2024
CORRECTION NOTICE ISSUE DATE: June 17, 2024
RE: Rasha Nasser v. Municipality of Thames Centre
Correction to: Case number shown in page headers, pages 2 through 4 (top right corner of pages 2, 3, 4) by removal of the case number “OLT-22-002362” and replacement with “OLT-24-000265”.
Originally:
Corrected to:
OLT-22-002362
OLT-24-000265
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ISSUE DATE:
June 11, 2024
CASE NO(S).:
OLT-24-000265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Rasha Nasser
Subject:
Application to amend the Zoning By-law – Refusal
Description:
To permit a “sign shop establishment” as a permitted use in addition to the site's current uses
Reference Number:
Z10-22
Property Address:
4074 & 4086 Elgin Road
Municipality/UT:
Thames Centre/Middlesex County
OLT Case No.:
OLT-24-000265
OLT Case Name:
Rasha Nasser v. Municipality of Thames Centre
Heard:
May 23, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Rasha Nasser
Analee Baroudi
Municipality of Thames Centre
Jacob Damstra (in absentia) Greg Woodward (Student-at-Law)
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER AND K. HEWITT ON MAY 23, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) was held with respect to an appeal brought by Rasha Nasser (the “Applicant”), pursuant to subsection 34(11) of the Planning Act, to permit the rezoning of the lands known municipally as 4074 and 4086 Elgin Road (“Subject Lands”), which was refused by the Municipality of Thames Centre (“Thames Centre”).
2The Application sought to rezone the Subject Lands from its Hamlet (HR) Zone to site-specific Hamlet Residential (HR13) Zone to allow a “sign shop establishment” as a permitted use in addition to the other uses listed in the HR Zone. The Director of Planning and Development Services prepared a Report to Council recommending that the Application be approved; however, Thames Centre declined the Application.
3The Tribunal received and marked the Affidavit of Service of the Notice of the CMC affirmed by Hesham Baroudi as Exhibit 1. There were no issues with the service of the Notice of the CMC, and as such, no further notice is required in these proceedings.
REQUESTS FOR PARTY OR PARTICIPANT STATUS
4The Tribunal received no requests for Party or Participant Status, nor was Counsel aware of any such inquiries.
MEDIATION
5Counsel for the Applicant informed the Tribunal that they were open to resolution discussions with Thames Centre, and that at this time they would be proceeding privately with same through legal counsel. The Parties were reminded that Tribunal-led mediation may be accessed at any point during their discussions, and to reach out to the Case Coordinator if they wished to pursue this option.
HEARING
6A two-day Hearing by video was requested with the agreement of the Parties that any documents to be relied upon at the Hearing would be exchanged 10 days in advance of the Hearing. The Applicant intends to call two witnesses and Thames Centre noted that it may call one additional witness. Given the straightforward nature of this appeal, the Parties were of the view that a formal Procedural Order was not required.
7The Tribunal has scheduled a Merit Hearing to proceed by video on Wednesday, November 20, 2024 and Thursday, November 21, 2024, starting at 10 a.m. each day.
8Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173 Access Code: 519-389-173
9Parties 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.
10Persons 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 519-389-173.
11Individuals 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
12THE TRIBUNAL ORDERS as follows:
a. that a two-day Merit Hearing is scheduled to proceed by video Wednesday, November 20, 2024 and Thursday, November 21, 2024, starting at 10 a.m. each day, as set out in paragraphs 7 through 11 above.
b. that any documents to be relied upon by the Parties at the Video Hearing will be exchanged no later than Friday, November 08, 2024.
13The Panel is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“G.A. Croser”
G.A. CROSER
MEMBER
“K. Hewitt”
K. HEWITT 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.