ISSUE DATE:
June 13, 2024
CASE NO(S).:
OLT-23-001161
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. 27
Applicant and Appellant:
Rastko Stojkovski
Respondent:
Essex Region Conservation Authority
Subject:
Appeal of decision
Description:
To Undertake the Reconstruction of a House and Detached Structure
Property Address:
138 Lakeshore Drive
Municipality/UT:
Municipality of Leamington/County of Essex
OLT Case No.:
OLT-23-001161
OLT Lead Case No.:
OLT-23-001161
OLT Case Name:
Stojkovski v. Essex Region Conservation Authority
Heard:
April 10, 2024 by Video Hearing
Parties
Counsel
Rastko Stojkovski
Brian Chillman
Darwin Harasym
Essex Region Conservation
Michael Gordner
Authority
DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (the “CMC”) brought before the Tribunal regarding the appeal brought by Rastko Stojkovski (the “Appellant”) concerning a notice of decision dated October 25, 2023 and issued by the Essex Region Conservation Authority (the “Respondent”) denying an application for a permit to undertake works concerning a house and detached structure at the property located at 38 Lakeshore Drive, in the Municipality of Leamington, Ontario (the “Property”).
2At a previous CMC held on March 11, 2024, the Parties had initially identified three issues to be adjudicated at a hearing and agreed to work together to narrow the issues and develop a draft Procedural Order and Issues List. At that time, the Parties also indicated that a settlement was unlikely.
3At the present CMC, the Parties further discussed the issues to be adjudicated at a hearing and reviewed a draft Procedural Order and Issues List.
4After discussion, the Parties confirmed that they were in agreement with respect to the draft Procedural Order, however, Counsel for the Respondent required additional time before being able to confirm the Issues List. The Parties agreed that the issues were substantially settled and they would likely be able to conclude the Issues List in the near term and without further assistance of the Tribunal. Accordingly, the Tribunal directed that the Parties submit a final Issues List to the Tribunal’s Case Coordinator by April 19, 2024. in the absence of which a further CMC would be scheduled to finalize any outstanding issues.
5Following the CMC, the Parties submitted a final Procedural Order and Issues List setting forth the final issues to be adjudicated at a hearing as follows:
(i) Do the proposed works at the Property constitute a “development” under section 28(25)(1)(a) of the Conservation Authorities Act; and,
(ii) If the answer to question (i) is yes, should a permit be allowed having regard to the requirements of the applicable legislation, regulations and policies.
6The Tribunal scheduled a three-day Merit Hearing that will be held by video from Wednesday, August 21, 2024 to Friday, August 23, 2024, commencing at 10 a.m.
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
7Parties and Participants 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.
8Parties and participants 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
9Persons 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.
10Individuals 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
11The Tribunal orders that a merit hearing, in respect of this matter, will be held by video from Wednesday, August 21, 2024 to Friday, August 23, 2024, commencing at 10 a.m.
12The Tribunal further orders that the final Procedural Order and Issues List shall be in the form appended to this Order as Appendix 1.
13There will be no further notice.
14This Member is not seized.
“Jennifer Campbell”
JENNIFER CAMPBELL
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.
APPENDIX 1