Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2025
CASE NO(S).: OLT-24-001029
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aaron Lewcock
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit redevelopment of a cottage and boathouse
Reference Number: R-2024-0012-H
Property Address: 174 Hamer Bay Road
Municipality/UT: Seguin/Parry Sound
OLT Case No.: OLT-24-001029
OLT Lead Case No.: OLT-24-001029
OLT Case Name: Aaron Lewcock v. Seguin (Town)
Heard: March 6, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Aaron Lewcock | Russell Cheeseman, Stephanie Fleming |
| Township of Seguin | Narmada Gunawardana, Sylvain Rouleau (in absentia) |
| Lake Joseph North Association | Cristin Hunt, David Bronskill (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON March 6, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event is the first Case Management Conference (“CMC”) respecting an appeal by Aaron Lewcock pursuant to s. 34 (11) on the Planning Act, regarding the Township of Seguin’s refusal of a Zoning By-law Amendment to permit an increase in: lot coverage; gross floor area; length of the boathouse; and size of the dock; for lands known municipally as 174 Hamer Bay Road, Seguin.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3Counsel for the Lake Joseph North Association (“LJNA”) attended the CMC seeking Party status. The Association represents area residents and has a clear and genuine interest in the matter. Counsel of the Association confirms that they understand the role and obligations of a Party and are prepared to fulfil such a role and satisfy such obligations. On consent of the Parties, the Tribunal granted Party status to the LJNA. Counsel was directed to provide the letters of incorporation for LJNA to the Tribunal by Friday, March 7, 2025, which the Tribunal did receive.
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 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
6The Tribunal received and reviewed a draft Procedural Order from the Parties. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see attached Schedule A).
HEARING
7Upon request of the Parties, the Tribunal set a 3-day hearing commencing on Tuesday, September 2, 2025, at 10 a.m. by Video Hearing. No further Notice is required for the hearing.
8Parties are asked to log in to 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/442599157
Access code: 442-599-157
9Parties 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
10Persons 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: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is the same as indicated above.
11Individuals 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
12THE TRIBUNAL ORDERS that:
- The date and particulars of the hearing are set out above;
- The Procedural Order appended as Schedule A shall govern the proceedings;
- The Lake Joseph North Association is granted Party status; and
13The 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.
SCHEDULE A
Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aaron Lewcock Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit redevelopment of a cottage and boathouse Reference Number: R-2024-0012-H Property Address: 174 Hamer Bay Road Municipality/UT: Seguin/Parry Sound OLT Case No.: OLT-24-001029 OLT Lead Case No.: OLT-24-001029 OLT Case Name: Lewcock v. Seguin (Town)
PROCEDURAL ORDER
- 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
The video hearing will begin on Tuesday, September 2, 2025 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is three (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.
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).
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.
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. Attachment 4 contain a summary of the key dates. Where there is an inconsistency between Attachment 4 and the dates contained herein, the dates contained herein shall prevail.
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.
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
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 Friday, June 6, 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.
Expert witnesses in the same field shall have a meeting on or before Friday, June 20, 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 co-ordinator on or before Friday, June 27, 2025.
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.
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
On or before Friday, July 18, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before Friday, July 18, 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.
On or before Tuesday, July 29, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Friday, August 22, 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Monday, July 28, 2025, and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, August 22, 2025.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, August 26, 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.
All filings shall be submitted electronically unless otherwise directed. 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.
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.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
LIST OF PARTIES AND PARTICIPANTS
Parties
Aaron Lewcock Municipal Law Chambers Royal Building, 277 Lakeshore Road East, Suite 211 Oakville, ON L6J 1H9 Russell Cheeseman rdcheese@aol.com 416-955-9529 Stephanie Fleming sfleming@mlawc.com 416-955-9533 ext. 106
Township of Seguin WeirFoulds LLP 4100 - 66 Wellington Street West TD Bank Tower Toronto, ON M5K 1B7 Sylvain Rouleau srouleau@weirfoulds.com 416-947-5016 Narmada Gunawardana ngunawardana@weirfoulds.com 647-715-7117
Lake Joseph North Association Goodmans LLP 3400-333 Bay St Toronto, ON M5H 2S7 David Bronskill dbronskill@goodmans.ca 416-597-4299 Cristin Hunt chunt@goodmans.ca
ATTACHMENT 2
ISSUES LIST
Note: The identification of an issue on the issues list does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant, within the jurisdiction of, or otherwise appropriate, to adjudicate. The identification of an issues on this list by a party indicates that party’s intent to lead evidence or argue that the issues is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the Tribunal.
Provincial Planning Statement, 2024
- Is the proposed development and Zoning By-law Amendment consistent with the Provincial Planning Statement, 2024 pursuant to Section 3 of the Planning Act, including policies 2.6.1; 4.1.1; and 4.2.1?
Township of Seguin Official Plan
- Does the proposed development and Zoning By-law Amendment, conform with the policies of the Township of Seguin Official Plan with respect to: a. Section A.2.2.2.b b. Section C.3.1.1 i. In particular policy C.3.1.1 d) c. Section C.3.1.3.6 (Preservation of Vegetation) d. Section C.3.1.3.11 (Waterfront Building Design) i. In particular policies C.3.1.3.11 b) and f) e. Section C.3.1.3.12 (Protecting the Character of Shoreline Areas) i. In particular policy C.3.1.3.12 a) f. Section C.3.1.3.13 (Waterfront Site Design) i. In particular policy C.3.1.3.13 a) g. Section C.3.1.3.16 (Waterfront Design Guidelines) i. In particular policy C.3.1.3.16 a) h. Section C.3.1.3.17 (Waterfront Development Approvals) i. In particular policy C.3.1.3.17 b) i. Section F.4 (Non-Complying) i. In particular policy F.4 a), b), and c)
Guidelines for Waterfront Design in Seguin Township
- Does the proposed development have appropriate regard for the Guidelines for Waterfront Design in Seguin Township?
Zoning By-Law
- Does the proposed development represent good planning? Is the proposed development as permitted by the Zoning By-law compatible and does the proposed development achieve an appropriate relationship with the shoreline?
ATTACHMENT 3
ORDER OF EVIDENCE
- Aaron Lewcock
- Township of Seguin
- Lake Joseph North Association
- Aaron Lewcock, Reply
ATTACHMENT 4
SUMMARY OF KEY DATES
| Participant Statements | Friday, July 18, 2025 |
|---|---|
| Witness List | Friday, June 6, 2025 |
| Expert’s Meeting | Friday, June 20, 2025 |
| Agreed Statement of Facts | Friday, June 27, 2025 |
| (Expert) Witness Statement / Outline of Evidence | Friday, July 18, 2025 |
| Visual Evidence | Friday, August 22, 2025 |
| Confirmation re Hearing Dates | Tuesday, July 29, 2025 |
| Reply Witness Statements | Monday, July 28, 2025 |
| Joint Document Book | Friday, August 22, 2025 |
| Hearing Plan | Tuesday, August 26, 2025 |
| Hearing Commences | Tuesday, September 2, 2025 |
Attachment to Sample 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.