Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 13, 2025
CASE NO(S).: OLT-25-000389
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Robert, John and Rick Beehler Appellant: Zied Hamida Subject: Proposed Official Plan Amendment Description: To redesignate the area known as the South Bear Brook Wetland Reference Number: D01-01-25-0003 Property Address: South Bear Brook Wetland Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-25-000389 OLT Lead Case No.: OLT-25-000389 OLT Case Name: Beehler v. Ottawa (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Robert, John and Rick Beehler Appellant: Zied Hamida Subject: Zoning By-law Description: To redesignate the area known as the South Bear Brook Wetland Reference Number: D02-02-25-0002 Property Address: South Bear Brook Wetland Municipality/UT: Ottawa/Ottawa OLT Case No.: OLT-25-000390 OLT Lead Case No.: OLT-25-000389 OLT Case Name: Beehler v. Ottawa (City)
Heard: October 20, 2025, by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Zied Hamida ("Appellant Hamida") | Self-represented* |
| Robert, John, and Rick Beehler ("Beehler Appellants") | Roberto Aburto Emma Fillman Malik Rugege (articling student) |
| City of Ottawa ("City") | Timothy Marc |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON october 20, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The City initiated an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) to designate a new provincially significant wetland, the South Bear Brook Wetland, on April 16, 2025.
2The Appellant Hamida filed appeals with respect to the OPA and ZBA concerning his property known municipally as 5305 Piperville Road, in the City. Similarly, the Beehler Appellants filed appeals with respect to the OPA and the ZBA for the property known municipally as 5425 Piperville Road, in the City. The appeals are brought pursuant to sections 17(24) and 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
3On October 20, 2025, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeal, address status requests, and establish next steps in this proceeding. An interpreter assisted the Parties by providing non-simultaneous interpretation from English to French, and vice versa. The Tribunal is fluent in both languages.
4After the CMC, the Appellant Hamida retained an English-speaking legal counsel and indicated that his appeal could proceed in English.
NOTICE
5There were no issues raised with service of Notice of the CMC, and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC, sworn on September 17, 2025. It was marked as Exhibit 1 to this CMC.
STATUS REQUEST
6The Tribunal received no requests for Party status or for Participant status.
SEVERING THE APPEALS
7Counsel for the City submitted that, whilst it was appropriate for both sets of appeals to be considered together at the first CMC, given that both sets of appeals related to the same OPA and ZBA, going forward both sets of appeals should be severed and should follow separate streams. The Appellant Hamida argued that he did not see why this should occur. Counsel for the Beehler Appellants did not object.
8The Tribunal directed that both sets of appeals be severed. Although both sets of appeals relate to the same OPA and ZBA, the factual underpinnings are site specific.
9Given the Tribunal’s decision to sever the appeals filed by the Appellant Hamida and the Beehler Appellants, the Beehler Appellants requested that they continue to be copied on Appellant Hamida’s appeals. The Tribunal so directed.
SETTLEMENT
10The Parties are directed to advise the Tribunal, as soon as possible, of any settlement, and are encouraged to narrow the issues.
NEXT STEPS FOR THE APPELLANT HAMIDA APPEALS
11A draft Procedural Order was provided by the City to the Tribunal prior to the CMC, including an Issues List. The City submitted that a two-day Merit Hearing would be required and that it intends to present one witness. The City’s time estimate took into account the time which could result from language interpretation. The City also submitted that the Merit Hearing should be held in person, at the City’s Hearing facilities, which are equipped to provide simultaneous language interpretation. The Appellant Hamida made no substantial submission other than to question why he would have to incur the added time and costs of a two-day merit hearing resulting from his appeals. When asked by the Tribunal, he indicated that he did not intend to call a witness. He indicated that he might retain legal counsel, which may very well result in him calling one or more witnesses.
12Accordingly, the Tribunal had directed that a two-day Merit Hearing be set for Thursday, January 15, 2026 at 10 a.m. However, that direction was overtaken by subsequent submissions.
13After the CMC, the Appellant Hamida retained legal counsel. The Appellant Hamida requested a postponement of the Merit Hearing to allow time to receive a wetland survey assessment, which is currently impossible to conduct due to late autumn weather conditions. The City consented to a postponement and proposed that a subsequent CMC be scheduled in July 2026, allowing a survey to be done before the end of June.
14Accordingly, with respect to the Appellant Hamida’s appeals, the Tribunal directs that a second CMC be scheduled to proceed by video on Friday, July 10, 2026 at 10 a.m.
15Individuals are asked to log in to the event at least 15 minutes before the it begins to test their video and audio connections.
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
16Individuals 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.
17Individuals 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: +1-647-497-9391 or (toll-free) +1-888-455-1389. The access code is: 909-787-981.
18Individuals 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.
NEXT STEPS FOR THE BEEHLER APPELLANTS APPEALS
19With respect to the set of appeals filed by the Beehler Appellants, the City indicated that it intends to bring a motion to require a site visit by the respective expert witnesses. The Parties had not yet agreed to do so on consent. Moreover, no Procedural Order was yet provided by either Party. Accordingly, the Tribunal directed that a second CMC be scheduled to proceed by video on Friday, November 21, 2025 at 10 a.m. At the second CMC, the Tribunal will consider Motions filed in writing, pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure, and will also consider a draft Procedural Order, to be provided by the Parties before the second CMC, if all the issues have not been resolved.
20Individuals are asked to log in to the event at least 15 minutes before the it begins to test their video and audio connections.
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
21Individuals 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.
22Individuals 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: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 660-145-013.
23Individuals 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.
ORDER
24THE TRIBUNAL ORDERS is directions in this Decision.
25The Vice Chair is seized of the case management of both sets of appeals.
"Jean-Pierre Blais"
JEAN-PIERRE BLAIS
VICE-CHAIR
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.