Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2024
CASE NO(S).: OLT-24-000225
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eric Turcotte
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning from Village Residential (VR) to Local Commercial Zone (C1).
Reference Number: 04-23
Property Address: 6 Albert Street
Municipality/UT: Iroquois Falls/Cochrane
OLT Case No.: OLT-24-000225
OLT Lead Case No.: OLT-24-000225
OLT Case Name: Turcotte v. Iroquois Falls (Town)
Heard: September 24, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Eric Turcotte (“Appellant”)
Self-Represented*
Town of Iroquois Falls
Chantal deSereville
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON SEPTEMBER 24, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”). The Appellant seeks to develop the site municipally known as 6 Albert Street (“Subject Land”) in the Town of Iroquois Falls (“Town”). This Appeal was brought pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended regarding the refusal of the Town on an Application for a Zoning By-law Amendment (“ZBA”).
2The purpose of the ZBA is to permit the rezoning of the property from Village Residential (VR) to Local Commercial Zone (C1) to establish a classic car hobby shop and shelter for existing classic cars on the Subject Land.
NOTICE
3Having held a prior CMC on August 19, 2024, and having been informed that the Affidavit of Service had not been sworn before a qualified individual, the Tribunal requested this second CMC. The Tribunal provided instruction to the Appellant on the requirements of ensuring that Notice is served to protect the public’s interest and the transparency of the process. The Tribunal received a sworn Affidavit of Service dated August 29, 2024, confirming that proper Notice of this second CMC had been served and was marked as Exhibit 1.
PROCEDURAL ORDER AND ISSUES LIST
4In advance of this CMC, the Tribunal received a draft Procedural Order (“PO”) and Issues List (“IL”) from the Town. The Appellant stated he had not received a copy of the draft PO and IL. Counsel for the Town indicated it had been forwarded to the Appellant through email. As per this Member’s instructions, the Case Coordinator also forwarded a copy to the Appellant in advance of this CMC. Nevertheless, the Town will send along a second copy. The Appellant was also instructed to ensure his email address is confirmed correct with the Case Coordinator.
5The Appellant informed the Tribunal it was difficult to find a registered planner to assist him and questioned the prospects of delaying the hearing until one could be retained. The Town suggested that a March hearing date would allow the Appellant to organize his case. If agreeable, the Parties could dispense with the pre-filling dates and allow the Parties to provide the Tribunal with witness statements and visual evidence 30 days in advance of the hearing date allowing the Appellant time to secure any witness. The Tribunal was agreeable to a one-day Hearing and the submission of all documents 30 days in advance of the Hearing. The Town’s Counsel was tasked with ensuring the IL was filed on consent. The Tribunal emphasized that it is the due diligence of the Appellant who brought this Appeal before the Tribunal to ensure they are prepared, having now set a hearing date.
6The Tribunal also heard that the Appellant’s brother would be the Representative of the Appellant to allow the Appellant to stand as a witness. The Tribunal encouraged the Appellant to sort out how he intends to conduct his case prior to the hearing date and advise the Case Coordinator accordingly. The Tribunal also clarified that Mr. John Turcotte (the Appellant’s brother) would not be at liberty to interject into the proceeding at the Merit Hearing in a whim full manner.
HEARING DATE
7The Tribunal directed the Parties to submit to the Case Coordinator all witness statements and visual evidence required for the Merit Hearing no later than Monday, February 24, 2025.
8A Merit Hearing is scheduled to commence on Monday, March 24, 2025, at 10 a.m. by Video Hearing.
9Parties and Participants 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/709076365
Access Code: 709-076-365
10Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
12Individuals 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 Video Hearing 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.
13The Tribunal inquired as to whether there were any other matters to be addressed, that might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
14The directions set out above are so ordered by the Tribunal.
15This Member is not seized but will continue to manage this file and, remains available through the Case Coordinator should the need arise.
16No further notice will be given.
“D. Chipman”
D. CHIPMAN
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.