Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 07, 2024
CASE NO(S).: OLT-23-000942
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Enniskillen Pepper Co. Ltd.
Subject: By-law No. 46 of 2023
Description: To amend the Zoning By-law to permit cannabis cultivation and production facilities
Reference Number: ZBL 46 of 2023
Property Address: 4352 and 4376 LaSalle Line
Municipality: Township of Enniskillen
OLT Case No.: OLT-23-000942
OLT Lead Case No.: OLT-23-000942
OLT Case Name: Enniskillen Pepper Co. Ltd v. Enniskillen (Township)
Heard: December 11, 2023, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Enniskillen Pepper Co. Ltd. | Shelley Kaufman |
| Township of Enniskillen | Ken Strong |
| Trevor Brand | Anthony Petrucci |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON DECEMBER 11, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to an appeal under s.34(19) of the Planning Act by Enniskillen Pepper Co. Ltd. (“Appellant”) regarding Zoning By-law No. 46 of 2023 (“ZBL”) approved by the Township of Enniskillen (“Township”) on August 21, 2023. The ZBL affects cannabis cultivation and production in the Township including at the Appellant’s agricultural facilities on lands located at 4352 and 4376 LaSalle Line in the Township (“Subject Property”).
2At the CMC, the Tribunal reviewed the Affidavit of Service filed with the Tribunal. Counsel confirmed that there was no issue with both the service of the Notice of the CMC and the Affidavit of Service of Kenneth Reginald Strong sworn on Tuesday, November 14, 2023, which was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
3The Tribunal received a request for Party status from Trevor Brand and requests for Participant status from Jean-Yves Urbain, Michael Schnare, Irving Payne, Sheryl Payne, Becky Brand, Zack Kaczmarczyk, John Borland, and Brian Mitchell.
4The request for Party status from Trevor Brand was not opposed by Counsel for the Appellant and the Township. Mr. Brand was represented by Counsel, Mr. Anthony Petrucci. Mr. Petrucci confirmed that it is his client’s intention to fully participate in the proceeding in accordance with Rule 8.1 of the Tribunal’s Rules of Practice & Procedure. Mr. Brand plans to present expert evidence, and Mr. Petrucci confirmed that this client understands the cost consequences of being a Party. Mr. Brand has a direct interest in the appeal, given the proximity of his property to the Subject Property, and as a result, Mr. Brand was granted Party status.
5Mr. Jean-Yves Urbain submitted a Participant status request that indicates that he is a Professional Environmental Engineer and may be retained as an expert witness by Mr. Brand. The Tribunal found that it would be inappropriate for Mr. Urbain to be both an expert witness in this proceeding and a Participant. Mr. Urbain was denied Participant status.
6Michael Schnare, Irving and Sheryl Payne, Becky Brand, Zack Kaczmarczyk, John Borland and Brian Mitchell were granted Participant status. Their requests for Participant status were not opposed by the Appellant or the Township.
CONSOLIDATION AND HEARING
7The Appellant requested that this matter proceed to a second CMC in order to address the issue of consolidation with OLT File No. OLT-23-001182. It will be the first CMC for that appeal.
8The Tribunal scheduled a second CMC on Wednesday, February 7, 2024, at 10 a.m. by Video. No further notice is required for the second CMC for OLT File No. OLT-23-000942, but notice is required for OLT File No. OLT-23-001182.
9The second CMC is scheduled to proceed by Video as follows:
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
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.
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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. 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:
A second Case Management Conference is scheduled to proceed by Video Hearing, on Wednesday, February 7, 2024, at 10 a.m.;
No further notice is required for this appeal, but notice is required for OLT File No. OLT-23-001182; and
This Member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.