Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 14, 2024

CASE NO(S).: OLT-24-000255

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Neil Boddington

Subject: Minor Variance

Description: To Permit New Dwelling Construction

Reference Number: A23-61

Property Address: 25940 Georgian Bay Shore

Municipality/UT: Georgian Bay/Muskoka

OLT Case No: OLT-24-000255

OLT Lead Case No: OLT-24-000255

OLT Case Name: Boddington v. Georgian Bay (Township)

Heard: May 8, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Neil Boddington (“Applicant”/“Appellant”)	Carly Emmett
Township of Georgian Bay (“Town”)	Alex Ciccone
Cognashene Cottagers Association (“CCA”)	Marc Kemmerer

MEMORANDUM OF ORAL DECISION DELIVERED BY N. Allam and a. sauve ON may 8, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Hearing is the first Case Management Conference of this matter. The Applicant/Appellant owns property located at 25940 Georgian Bay, Township of Georgian Bay, District Municipality of Muskoka. A Minor Variance Application was sought to permit construction of a new detached dwelling with a deck. The existing dwelling is to be demolished.

2The Applicant/Appellant is seeking 3 minor variances (“variances”):

1. A gross floor area (GFA) of 330.20 square metres (“sq m”), whereas a maximum GFA of 140 sq m is currently allowed;
2. A maximum dwelling width of 18.94 metres (“m”), whereas a maximum dwelling width of 15 m is currently allowed; and
3. A maximum building height of 6.34 m, whereas a maximum of building height of 6 m is currently allowed.

3The staff Planning Report recommended approval of the variances, with conditions, but the Committee of Adjustment (“COA”) denied the Application on February 26, 2024.

PARTY AND PARTICIPANT STATUS REQUESTS

4The Tribunal received no written requests for status, however, Counsel for the CCA appeared and notified the Tribunal that they had received no notice of this Hearing and wished to seek Party status. The CCA had made submissions at the COA meeting and represents neighbouring cottage owners.

5There may be more status requests in the future once the Town has ensured everyone who should be notified has been.

6Party status was granted on consent to CCA.

NEXT STEPS

7The Parties were made aware of the Tribunal’s mediation services.

8The Parties wished to set hearing dates for this matter in a timely manner. After some discussion, it was decided that two days would be necessary as all three Parties would likely be calling experts and it is unknown how many, if any, further Party or Participant status requests there will be.

9A draft Procedural Order was received which is hereby approved as contained in Schedule A.

10A two-day Merit Hearing is scheduled to commence on Tuesday, July 2, 2024, at 10 a.m. by Video Hearing.

11Parties 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:

GoToMeeting: https://global.gotomeeting.com/join/519389173

Access Code: 519-389-173

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 into an audio-only telephone line: (Toll-Free): 1-888-299-1889 or + 1 (647) 497-9373. The Access Code is as indicated above.

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

14Individuals 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

15THE TRIBUNAL ORDERS that:

a) The Procedural Order contained in Schedule A is approved;

b) Party status is granted to the Cognashene Cottagers Association; and

c) The dates and particulars of the Merit Hearing are set out above.

16The Members are not seized.

17No further notice will be given.

“N. ALLAM”

N. ALLAM

MEMBER

“A. SAUVE”

A. SAUVE

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.

SCHEDULE A

CASE NO(S).: OLT-24-000255

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Neil Boddington

Subject: Minor Variance

Description: To Permit New Dwelling Construction

Reference Number: A23-61

Property Address: 25940 Georgian Bay Shore

Municipality/UT: Georgian Bay/Muskoka

OLT Case No: OLT-24-000255

OLT Lead Case No: OLT-24-000255

OLT Case Name: Boddington v. Georgian Bay (Township)

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on July 2, 2024, at 10 a.m. at https://global.gotomeeting.com/join/519389173.

3. The parties’ initial estimation for the length of the hearing is 2 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. A hearing plan is set out in Attachment 2 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

6. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

7. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

8. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Copies of this must be provided as in paragraph 10 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

9. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 10 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 10 below.

10. On or before June 21, 2024, the parties shall provide copies of their witness and/or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 17 below.

11. On or before June 21, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 17 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

12. On or before June 21, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

13. On or before June 21, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 17 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

14. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before June 21, 2024.

15. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

16. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

17. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

18. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

19. A summary of the various filing dates is contained in Attachment 3.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

Parties and Participants

Parties

1. Neil Boddington (Applicant/Appellant)
2. Township of Georgian Bay
3. Cognashene Cottagers’ Association (Requested but not yet granted)

Participants

1. [None]

ATTACHMENT 2

Hearing Plan

July 2 (Day one)

Start Time	Duration	Activity
10:00 am	30 mins	Opening submissions (max 10 minutes per party) Administrative Matters
10:30 am	2 hours	Amanda Hoffmann, Land Use Planner for the Appellant, Direct evidence
12:30 pm	15 minutes	Morning Break
12:45 pm	60 minutes	Amanda Hoffmann, Cross examination
1:45 pm	15 minutes	Amanda Hoffmann, Re-direct examination
2:00 pm	45 minutes	Lunch break
2:45pm	1.5 hours	Michael Barton, Land Use Planner for the Township, Direct evidence
4:15 pm	30 minutes	Michael Barton, Cross examination
4:45 pm	15 minutes	Michael Barton, re-direct examination

July 3 (Day Two)

Start Time	Duration	Activity
10:00 am	1.5 hours	Land Use Planner for the CCA, Direct evidence
11:30 am	15 minutes	Morning Break
11:45 am	30 minutes	Land use Planner for the CCA, Cross examination
12:15 pm	15 minutes	Land use Planner for the CCA, Re-direct examination
12:30 pm	60 minutes	Lunch break
1:30 pm	60 minutes	Closing submissions (max 20 minutes each)

ATTACHMENT 3

Summary of Filing Dates

Event	Date
1st CMC	May 8, 2024
Parties to exchange Witness and Expert Witness Statements Participants to provide Participant Statements	June 21, 2024
Parties to file Joint Document Book and Visual Evidence	June 21, 2024
Hearing Commences	July 2, 2024