Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2025
CASE NO.: OLT-24-000124
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Gregory Monck
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the change of rezoning from 'Hamlet Residential with Exception (HR-1) Zone' to 'Hamlet Residential with Exception (HR-6) to allow agricultural uses on subject lands.
Reference Number: ZBA 11/23
Property Address: 9347 Currie Road
Municipality/UT: Dutton Dunwich/Elgin
OLT Case No.: OLT-24-000124
OLT Lead Case No.: OLT-24-000124
OLT Case Name: Monck v. Dutton Dunwich/Elgin (Town)
PROCEEDING COMMENCED UNDER subsection 19(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: The Municipality of Dutton Dunwich
Request for: Request for Dismissal Without a Hearing
BEFORE:
WILLIAM R. MIDDLETON VICE-CHAIR
Wednesday, the 7th day of May, 2025
THIS MATTER having been appealed to the Tribunal under Section 34(11) of the Planning Act by Gregory Monck (the “Applicant/Appellant”);
AND THE TRIBUNAL having received from the Respondent the Municipality of Dutton Dunwich (“Municipality” and “Respondent”) a Notice of Motion, Factum and supporting affidavit sworn by Tracey Pillon-Abbs (collectively, “Motion Materials”) to dismiss the appeal commenced by Applicant/Appellant;
AND THE TRIBUNAL having not received any submissions or responding materials from the Applicant/Appellant, despite having received proof of service of the Motion Materials upon the Applicant/Appellant;
AND THE TRIBUNAL having reviewed the Motion Materials and the provisions of section 34(25) of the Planning Act, R.S.O. 1990, c. P.13, as amended, and of section 19(1) of the Ontario Land Tribunal Act, S.O. 2021, Ch. 4, Sched 6, and upon being satisfied that the Notice of Appeal filed in this proceeding by the Applicant/Appellant does not disclose any apparent land use planning ground upon which the Tribunal could allow all or part of the appeal against ZBA 11/23 enacted by the Municipality;
AND THE TRIBUNAL having considered the provisions of Rule 23 of the Ontario Land Tribunal’s Rules of Practice and Procedure and having not been persuaded that there is a proper basis for ordering that the costs of the Respondent in this proceeding be paid by the Applicant/Appellant;
THE TRIBUNAL THEREFORE ORDERS THAT:
The motion by the Respondent to dismiss this appeal by the Appellant is granted and this appeal is hereby dismissed; and
There shall be no Order made as to the costs of the Respondent’s motion or of this proceeding.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal Website: 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.