Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 09, 2024
CASE NO(S).: OLT-24-000407
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: David Moubarak
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning of the subject property
Reference Number: Z-9689
Property Address: 1494 Commissioners Road West
Municipality: London
OLT Case No.: OLT-24-000407
OLT Lead Case No.: OLT-24-000407
OLT Case Name: David Moubarak v. London (City)
Heard: August 6, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| David Moubarak (“Appellant”) | Laura Gurr |
| City of London (“City”) | Christina McCreery Aynsley Hovius |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON AUGUST 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from the first Case Management Conference (“CMC”) held regarding appeals filed by David Moubarak pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended in respect of the City of London’s refusal of its application for a Zoning By-law Amendment (“ZBA”), to permit the redevelopment of the properties Municipally known as 1494 Commissioners Road West (“Subject Lands”).
PROCEDURAL MATTERS
2The Tribunal was in receipt of an Affidavit of Service sworn by Celeste Johnson on June 7, 2024, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC, and as such, no further notice is required.
3The Tribunal did not receive Party nor Participant status requests before the Hearing. However, Matthew Parezanovic, represented by Paula Lombardi, attended the Hearing. Ms. Lombardi advised that Mr. Parezanovic owns property abutting the Subject Lands, has an interest in the matter, and was requesting Party Status. The Tribunal directed that a written Party Status Request be filed, and deferred its decision on this Party Status request until the CMC to follow, in order to give all Parties the opportunity to review it.
4The Tribunal directs the Parties to submit a draft Procedural Order and Issues List no later than Thursday, September 19, 2024.
5The Tribunal has scheduled a second CMC to proceed Thursday, September 26, 2024 at 10 a.m. by videoconference.
6Parties are asked to log in to the Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
7Parties 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.
8Persons who experience technical difficulties accessing the GoToMeeting application or wish only to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free): 1-888-455-1389. The access code is: 765-631-861.
9Individuals 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
10THE TRIBUNAL ORDERS the following:
a. A second Case Management Conference will take place on the date set out in paragraph 5 of this Decision.
b. The directions in this Decision.
11There will be no further notice and the Panel Member is not seized.
“F. Lavoie”
F. LAVOIE
MEMBER
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.