Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 01, 2024
CASE NO(S).: OLT-24-000608
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Reflection Shores Developments Inc. (Sifton Properties Limited)
Subject: Conditions of approval of draft plan of subdivision
Description: To permit development of 61 vacant land condominium units
Reference Number: 38C-03001 LS
Property Address: 5188 Cedar Point Line (Part of Lot 76, Concession Lake Road West)
Municipality/UT: Lambton Shores/Lambton
OLT Case No.: OLT-24-000608
OLT Lead Case No.: OLT-24-000608
OLT Case Name: Reflection Shores Developments Inc. (Sifton Properties Limited) v. Lambton Shores (Municipality)
Heard: September 25, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Reflection Shores Developments Inc. (Sifton Properties Limited) | Paula Lombardi |
| Municipality of Lambton Shores | Kelly Nenniger, Ken Strong (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON september 25, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) convened by the Tribunal for an appeal pursuant to s. 51(43) of the Planning Act (“Act”) of conditions of draft plan approval, as related to a draft plan of vacant land condominium (“VLC”) for a property municipally addressed as 5188 Cedar Point Line (“Subject Property”), located in the Municipality of Lambton Shores (“Municipality”).
2The VLC includes approximately 61 vacant land condominium units proposed for residential purposes. Common elements are proposed which are intended to be used for stormwater management, walkways, shoreline open space, a sewage treatment facility, a clubhouse, and private road.
3On April 4, 2023 the Municipality granted a one year extension of the VLC for the Subject Property, lapsing on June 15, 2024. The Appellant subsequently appealed the conditions.
4Paula Lombardi, Counsel for the Appellant, requested that a second CMC be scheduled by the Tribunal. Ms. Lombardi indicated that her client continues to work with the Municipality to attempt to resolve the Appeal. She submitted that if the Appeal is resolved, the second CMC could potentially be released from the Tribunal’s calendar.
5Kelly Nenniger, Counsel for the Municipality indicated that there is a considerable 20 year history related to this VLC. Ms. Nenniger explained that the original application was submitted in 2003, and since that original draft approval, seven extensions have been granted by the Municipality. She advised that, over the years, the original VLC conditions have been amended and the servicing scenario reconsidered. Ms. Nenniger advised the Tribunal that there is a dispute between the Parties regarding the standing of the Appeal of the conditions under s. 51(43) of the Act since the most recent extension included a lapsing date of June 15, 2024. Ms. Nenniger indicated that the Municipality is willing to continue working with the Appellant, potentially leading to the Appeal being resolved. However, she wished to notify the Tribunal that if a resolution of the Appeal is not achieved, the Municipality intends to bring a Motion disputing the standing of the Appeal at the second CMC.
6The Affidavit of Service, sworn on August 19, 2024, was entered as Exhibit 1.
STATUS REQUESTS
7In response to the notice, no requests for Party or Participant status were filed with the Tribunal.
SECOND CMC
8The Parties jointly requested that a second CMC be scheduled. The Tribunal canvassed the availability of Counsel and accordingly scheduled a second CMC to commence at 10 a.m. on Tuesday, March 4, 2025, by Video Hearing. The purpose of the second CMC will be to hear a Motion to be brought by the Municipality regarding the standing of the Appeal. The Parties will be engaging in discussions to resolve the Appeal, which could result in this second CMC hearing date being released from Tribunal’s calendar.
9Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
10Parties and/or 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 it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 909-787-981.
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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
13The Tribunal reminded the Parties that Tribunal-led mediation is available at their convenience by contacting the Case Coordinator.
ORDER
14The Tribunal orders THAT a second Case Management Conference commencing at 10 a.m. on Tuesday, March 4, 2025, by Video Hearing is scheduled.
15This Member is not seized.
16No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
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.