Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 13, 2025

CASE NO(S).: OLT-23-001161

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

Applicant/Appellant: Rastko Stojkovski

Subject: Essex Region Conversation Authority

Description: Appeal of decision

Reference Number: To Undertake the Reconstruction of a House and Detached Structure

Property Address: 138 Lakeshore Drive

Municipality/UT: Municipality of Leamington/County of Essex

OLT Case No.: OLT-23-001161

OLT Lead Case No.: OLT-23-001161

OLT Case Name: Stojkovski v. Essex Region Conversation Authority

Heard: February 7, 2025 by video hearing

APPEARANCES:

Parties	Counsel
Rastko Stojkovski	Darwin Harasym Brian Chillman (in absentia)
Essex Region Conservation Authority	Michael Gordner

MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON february 7, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order arises from a third Case Management Conference (“CMC”) related to an appeal brought by Rastko Stojkovski under s. 28(15) of the Conservation Authorities Act (“Act”) regarding a notice of decision issued by the Essex Region Conservation Authority denying an application for a permit to undertake the reconstruction of a house and detached structure at the property located at 138 Lakeshore Drive, in the Municipality of Leamington.

2No requests for Party or Participant status were received ahead of, or during, the CMC.

PROCEDURAL ORDER AND ISSUES LIST

3An updated draft Procedural Order (“PO”) was submitted to the Tribunal. The Parties advised that the final draft PO, with the updated hearing and exchange dates, would be submitted to the Case Coordinator by Friday, February 14, 2025.

4The final draft PO was subsequently filed with the Tribunal and is attached as approved.

NEXT STEPS

5As requested by the Parties, the Tribunal scheduled a three-day hearing commencing on Tuesday, June 24, 2025, at 10 a.m. by video hearing, through to Thursday, June 26, 2025.

6Parties 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/656004293

Access code: 656-004-293

7Parties 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

8Persons 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: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 656-004-293.

9Individuals 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.

MEDIATION / SETTLEMENT

10The Tribunal advised the Parties of the options for Tribunal-led mediation and a written hearing if a settlement is reached, and to contact the Case Coordinator in this regard.

MERIT HEARING

11The Tribunal advised the Parties to ensure that s. 2 of the Act is addressed in the witness statements for the hearing.

ORDER

12THE TRIBUNAL ORDERS that a three-day hearing is scheduled as directed above.

13THE TRIBUNAL ORDERS that the Procedural Order, appended as Schedule 1 to this Decision, shall govern the proceedings.

“C. I. Molinari”

C. I. MOLINARI

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.

SCHEDULE 1

CASE NO(S).: OLT-23-001161

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

Applicant/Appellant: Rastko Stojkovski

Subject: Essex Region Conversation Authority

Description: Appeal of decision

Reference Number: To Undertake the Reconstruction of a House and Detached Structure

Property Address: 138 Lakeshore Drive

Municipality/UT: Municipality of Leamington/County of Essex

OLT Case No.: OLT-23-001161

OLT Lead Case No.: OLT-23-001161

OLT Case Name: Stojkovski v. Essex Region Conversation 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 June 24, 2025 at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is 3 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.

4. 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).

5. 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.

6. 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.

7. 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 phone number as soon as possible.

8. 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

9. 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 April 18, 2025 and in accordance with paragraph 22 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.

10. Expert witnesses in the same field shall have a meeting on or before May 5, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case coordinator on or before June 2, 2025.

11. 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 13 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.

12. 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 13 below.

13. On or before May 5, 2025, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 22 below.

14. On or before May 5, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before May 12, 2025: (a) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required; and (b) a party wishing to exclude or limit the evidence of any witness must bring a written motion in accordance with Rule 10.3.

16. On or before May 5, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before June 6, 2025.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 9, 2025 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.

22. All filings shall be submitted electronically and in hard copy. 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.

23. 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.

TRIBUNAL REGISTRAR

Attachment 1 – Parties

1. Rastko Stojkovski
2. Essex Region Conservation Authority

Attachment 2 – Issues List

1. Which version of the Conservation Authorities Act (the “Act”) governs this Appeal: the current version vs. the pre-April 1, 2024 version?

2. If the current version of the Act governs this appeal: a. Do the proposed works at the Property constitute “development activities” for the purposes of section 28(1) of the Conservation Authorities Act, as defined in section 1.(1) of Prohibited Activities, Exemptions and Permits, O Reg 41/24? and b. If the answer to issue (a) is yes”, should a permit be allowed having regard to the requirements of the applicable legislation, regulations, and policies?

3. If the pre-April 1, 2024 version of the Act governs this appeal: a. Do the proposed works at the Property constitute a “development” under section 28(25) of the Conservation Authorities Act (the “Act”)? b. If the answer to issue (a) is yes”, should a permit be allowed having regard to the requirements of the applicable legislation, regulations, and policies?

Attachment 3 – Order of Evidence

1. Rastko Stojkovski
2. Essex Region Conservation Authority
3. Rastko Stojkovski, in reply