Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 2, 2024

CASE NO(S).: OLT-24-000125

PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended

Appellant: Karen Sergeant

Respondent: Rideau Valley Conservation Authority

Subject: Appeal of conditions imposed on permission for construction of a 62’ feet long armour stone wall adjacent to the Rideau River

Property Address: 6079 James Bell Drive

Reference Number: RV3-59/23

Municipality: City of Ottawa

OLT Case No.: OLT-24-000125

OLT Lead Case No.: OLT-24-000125

OLT Case Name: Sergeant v. Rideau Valley Conservation Authority

BEFORE:

S. BRAUN, VICE-CHAIR Wednesday, the 2nd, day of October, 2024

THIS MATTER having come on for a Case Management Conference and the Ontario Land Tribunal (“Tribunal”) issued its Decision with a Procedural Order on July 9, 2024;

AND THE TRIBUNAL having granted an adjournment to the merit hearing previously scheduled to commence on October 3, 2024, and the merit hearing now scheduled to commence on December 2, 2024;

AND THE TRIBUNAL having directed the parties to resubmit a Procedural Order with revised dates, and the Tribunal having now received the revised Procedural Order on consent of all parties;

THE TRIBUNAL ORDERS that the Procedural Order issued on July 9, 2024 is hereby replaced with the Procedural Order set out as Attachment “A” to this Order, and the revised dates shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on December 2, 2024.

“Euken Lui”

EUKEN LUI REGISTRAR (A)

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.

Attachment A

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 2, 2024

CASE NO(S).: OLT-24-000125

PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended

Appellant: Karen Sergeant

Respondent: Rideau Valley Conservation Authority

Subject: Appeal of conditions imposed on permission for construction of a 62’ feet long armour stone wall adjacent to the Rideau River

Property Address: 6079 James Bell Drive

Reference Number: RV3-59/23

Municipality: City of Ottawa

OLT Case No.: OLT-24-000125

OLT Lead Case No.: OLT-24-000125

OLT Case Name: Sergeant v. Rideau Valley Conservation Authority

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday, December 2, 2024 at 10 a.m. through the following video link:

https://global.gotomeeting.com/join/638422541

Access code: 638-422-541

Parties 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 https://global.gotomeeting.com/install or a web application is available: https://app.gotomeeting.com/home.html

Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 638-422-541.

The parties’ initial estimation for the length of the hearing is 2 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

3. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

4. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

5. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

6. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

7. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

8. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before October 8, 2024 and in accordance with paragraph 19 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

9. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 11 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

10. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 11 below.

11. On or before October 25, 2024, the parties shall provide copies of their written evidence, witness and expert witness statements to the other parties and to the OLT case Coordinator and in accordance with paragraph 19 below. Written evidence is understood to include all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing.

12. On or before October 28, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

13. On or before November 22, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 19 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

14. Parties may provide to all other parties and the OLT Case Coordinator a written response to any written evidence on or before November 15, 2024, and in accordance with paragraph 19 below.

15. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case Coordinator on or before November 22, 2024.

16. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

17. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

18. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 25, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

19. All filings shall be submitted electronically. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

20. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

1. Karen Sergeant

Laura Robinson Borden Ladner Gervais LLP World Exchange Plaza 100 Queen Street, Suite 1300 Ottawa, ON K1P 1J9 Email: lrobinson@blg.com

2. Rideau Valley Conservation Authority

Charlotte Watson Bell Baker LLP Barristers and Solicitors 116 Lisgar Street, Suite 700 Ottawa, ON K2P 0C2 Email: cwatson@bellbaker.com

B. PATICIPANTS

1. Mark and Kim Villa

joellelaf1221@gmail.com

ATTACHMENT 2

ISSUES LIST

1. Whether the Appellants should be granted permission by the Ontario Land Tribunal (the “Tribunal”) to undertake the development proposed in their November 15, 2023 Application within the jurisdiction of the Rideau Valley Conservation Authority (“RVCA”), specifically:

A) Install an armour stone retaining wall 2 blocks high at the toe of the slope adjacent to the Rideau River. The parties agree a retaining wall 1 block in height was approved in this location by RVCA Letter of Permission dated October 12, 2023.

B) Install an armour stone retaining wall bisecting the slope of the property.

C) Install armour stone adjacent to the relocated stairs.

D) Install an armour stone wall surrounding the mature tree.

E) The existing interlock surrounding dwelling on table land to be expanded around the eastern side of the dwelling with additional interlock.

F) Leveling out of existing concrete pad with new gravel and interlock installed on concrete pad.

2. Determination of Issue #1 requires a determination of the applicable legislation, regulations and/or policies in this appeal, specifically:

a. Section 28 of the Conservation Authorities Act and the regulation thereunder (O. Reg. 174/06: Rideau Valley Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses), and the RVCA’s Policies Regarding Development Including the Construction/Reconstruction of Building and Structures, Placing of Fill and Alterations to Waterways Under Section 28 of the Conservation Authorities Act of Ontario, in force on the date of the Appellants’ application to the RVCA; or

b. Section 28 and 28.1 of the Conservation Authorities Act and the regulation thereunder (O. Reg. 41/24: Prohibited Activities, Exemptions and Permits), and the RVCA’s Interim Policy for the Administration and Implementation of Ontario Regulation 41/24 in force as of the date of the Tribunal hearing.

3. Determination of Issue #1 requires a determination of whether the development complies with the applicable legislation, regulations and/or policies applicable to this appeal.

ATTACHMENT 3

ORDER OF EVIDENCE

1. Karen Sergeant (Appellant)

2. Rideau Valley Conservation Authority (Respondent)

3. Reply by Karen Sergeant (if necessary)

Attachment to Procedural Order

Meaning of terms used in the Procedural Order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.