Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 2, 2024
CASE NO(S).: OLT-24-000760
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: City of Sarnia
Appellant: 1974321 Ontario Limited & Langtree Controls Limited
Appellant: Procor Limited
Appellant: Sarnia District Humane Society
Applicant: City of Sarnia
Subject: Proposed Official Plan Amendment
Description: To permit OPA No. 3
Reference Number: City of Sarnia OPA No. 3
Property Address: Area 2 Secondary Plan
Municipality/UT: City of Sarnia
OLT Case No.: OLT-24-000760
OLT Lead Case No.: OLT-24-000760
OLT Case Name: Sarnia (City) v. Sarnia (City)
Heard: September 25, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
1974321 Ontario Limited & Langtree Controls Limited
Jonathan Minnes David Sunday
Procor Limited
Belinda Schubert Matthew Shuman (in absentia)
Sarnia & District Humane Society
Peter Pickfield Alex Ciccone (in absentia)
County of Lambton
Steven D’Agostino Denitza Koev (in absentia)
City of Sarnia
Paul DeMelo Bruce Engell
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON September 25, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) regarding Appeals by 1974321 Ontario Limited & Langtree Controls Limited, Procor Limited, Sarnia & District Humane Society, and the City of Sarnia (“City”). The Appeals arise following the County of Lambton (“County”) decision to approve Official Plan Amendment No. 3 (“OPA”), adopted by the City via Zoning By-law No. 5-2024, with modifications.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3As area residents who have participated in the planning process, Ms. Debra Krukowski and Ms. Becky D’Silva attended the CMC and were granted Participant status on consent:
4No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both expressed openness to resolution discussions and/or Tribunal led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
6Given the absence of a scoping exercise by the Parties to identify which explicit sections and schedules of the OPA are under appeal, the City raised issue that this would preclude them from advancing the comprehensive Zoning By-law required for the OPA to come into force and effect and further, creates challenges for any potential resolution discussions. On consent, the Parties acknowledged the necessity for a scoping exercise and committed to participating and providing the Tribunal with an update by October 25, 2024.
7With the Parties participating in a scoping exercise, the Tribunal found it prudent to schedule a second CMC and requested that the Parties provide a draft Procedural Order to the Tribunal by Monday, November 25, 2024. Further, the Tribunal requested that the Parties be prepared to schedule a hearing date at this time by providing the Tribunal with a suggested length for a for hearing.
8The City raised preliminary concerns pertaining to the validation of the Appeal by Sarnia & District Humane Society. The Parties concurred that this matter may potentially be resolved through the scoping exercise and requested that upon determining the date of the second CMC, that sufficient time be afforded for a motion on the matter, should one be required. Parties were directed to advise the Tribunal immediately following the scoping exercise if a motion hearing would be required.
SECOND CMC
9Upon request of the Parties, the Tribunal set a second CMC Hearing commencing on Thursday November 28, 2024, at 10 a.m. by Video Hearing. No further Notice is required.
10Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/765631831
Access Code: 765-631-831
11Parties 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
12Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
13Individuals 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
14THE TRIBUNAL ORDERS that:
The date and particulars of the Hearing are set out above; and
Debra Krukowski and Becky D’Silva are granted Participant status.
15The Member may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
j. inniS
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.