Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 10, 2024
CASE NO(S).: OLT-23-000402
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Joseph and Irene Moore
Subject: By-law No. 48-2023
Description: Official Plan Amendment to facilitate the creation of two new lots for residential development
Reference Number: 350302-0163
Property Address: 214 Windmill Point Road South
Municipality/Upper Tier: Fort Erie/Niagara
OLT Case No.: OLT-23-000402
OLT Lead Case No.: OLT-23-000402
OLT Case Name: Moore v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Joseph and Irene Moore
Subject: By-law No. 51-2023
Description: Zoning By-Law Amendment to facilitate the creation of two new lots for residential development
Reference Number: 350309-0545
Property Address: 214 Windmill Point Road South
Municipality/Upper Tier: Fort Erie/Niagara
OLT Case No.: OLT-23-000403
OLT Lead Case No.: OLT-23-000402
OLT Case Name: Moore v. Fort Erie (Town)
Heard: July 4, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Joseph and Irene Moore
Brian Duxbury
Town of Fort Erie
Karen Shedden
Callum Shedden (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON JULY 4, 2024 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) relating to appeals brought pursuant to s. 17(24) and s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended regarding the approval of an Official Plan Amendment and Zoning By-Law Amendment to facilitate the creation of two new lots for residential development by the Town of Fort Erie (“Town”). The appeals have been filed by Joseph and Irene Moore regarding the property located at 214 Windmill Point Road South, Fort Erie.
2A prior CMC was held on April 24, 2024 by a different member. The prior CMC was adjourned because notice of the CMC had not been served by the Town in advance as directed by the Tribunal. The Tribunal set a new CMC date for July 4, 2024.
3The Affidavit of Service, sworn by Karen Shedden on June 3, 2024, has been marked as Exhibit 1 with the consent of the Parties.
STATUS REQUESTS
4No additional Party Status requests were received by the Tribunal.
5No Participant Status requests were received by the Tribunal.
6Izaak de Rijke was added as an interested person.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
7The Parties indicated that they were engaging in private discussions with the hope of resolving the issues in dispute. The Parties were directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing, and should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
8If a settlement is reached, the Parties will notify the Tribunal so that a hearing on the merits of the settlement proposal can be arranged.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
9The Parties did not provide a Draft Procedural Order (“DPO”) prior to the CMC, stating that they were hopeful that the issues could be resolved through discussions. The Parties jointly requested that a second CMC be scheduled to allow the Parties time to achieve a resolution if possible or to identify the pertinent issues. As such, and as explained below, a second CMC has now been scheduled.
10The Parties were directed to provide a DPO, or a status update, to the Tribunal’s Case Coordinator by Monday, September 23, 2024.
SCHEDULING
11The Tribunal scheduled a second CMC commencing on Thursday, October 3, 2024, at 10 a.m. by video conference.
12Parties are asked to log into the CMC 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
13Parties and observers 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 the same as the access code noted above.
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 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 having carriage of this case.
ORDER
16THE TRIBUNAL ORDERS are as follows:
a. A second Case Management Conference is scheduled as described above in this Decision.
b. The Draft Procedural Order, or a status update, is to be provided to the Tribunal’s Case Coordinator by Monday, September 23, 2024.
17No further notice is required.
18The Member is not seized.
“A. Snowdon”
a. snowdOn
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.