Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).: OLT-24-000595
DECISION ISSUE DATE(S): January 23, 2025
CORRECTION NOTICE ISSUE DATE: February 5, 2025
RE: Craine v. Georgina (Town)
Correction to: Issue date
Originally: ISSUE DATE: January 23, 2024
Corrected to: ISSUE DATE: January 23, 2025
"Euken Lui" EUKEN LUI 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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 23, 2024
CASE NO(S).: OLT-24-000595
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ken Craine
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning of subject lands from Residential (R) and Transitional (T) to site-specific Residential (R-83)
Reference Number: 03.1121
Property Address: 255 Lake Drive North
Municipality/UT: Georgina/York
OLT Case No.: OLT-24-000595
OLT Lead Case No.: OLT-24-000595
OLT Case Name: Craine v. Georgina (Town)
Heard: November 21, 2024 by Video Hearing
| Parties | Counsel |
|---|---|
| Ken Craine ("Appellant") | Alex Lusty |
| Town of Georgina ("Municipality") | Kacie Layton Andrew Biggart (in-absentia) |
| Richard Philips ("Added Party") | Alexander J. Suriano Tom Halinski (in-absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON NOVEMBER 13, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This was the second Case Management Conference (“CMC”) concerning Ken Craine’s Appeal pursuant to s. 34(11) of the Planning Act (“Act”) in response to the Town of Georgina’s refusal to adopt a requested amendment to Zoning By-law No. 500 (“ZBL”). The amendment would enable the conversion of a single detached dwelling into an accessory structure at 255 Lake Drive North, Part Lot 18, Concession 2, Georgina (“Subject Property”). If approved, the Subject Property would be rezoned from Residential (“R”) and Transitional (“T”) to site-specific Residential (“R-83”).
2The Subject Property currently includes two single detached dwellings and a large garage. The Appellant seeks to convert one of the existing detached dwellings into an accessory structure and construct a new dwelling unit on the second floor of an existing two storey garage. Since the Application was submitted, two accessory buildings have been removed from the Subject Property. The relief being sought increases the accessory structure lot coverage from 10% to 11.5%. The Planning Staff for the Municipality supported the original Application.
3During the first CMC, the Appellant provided a historical overview of the planning decisions related to the Subject Property and explained the details of the current Application. An Affidavit of Service was entered into evidence, and the Tribunal granted a request on consent to delay considering the Party and Participant status requests to permit additional time for the development of an Issues list.
STATUS REQUESTS
4The Tribunal granted Party Status to Richard Philips. Mr. Philips is prepared to fully participate in the hearing and will contribute to the Issues List, call expert evidence, and conduct cross-examination. The other Parties also supported the granting of Party Status.
5The Tribunal granted Participant Status with the consent of the Parties to Debbie Pearson and Diane Woods on behalf of Margaret Woods, Diane Woods, Ginny and Richard Yanuziello, Sue Holland, Hillary Thatcher, and Clint Davis. The Participants live in the vicinity of the Subject Property and have identified potential planning issues related to privacy, noise, traffic, and potential uses.
MEDIATION
6The Parties are aware of Tribunal led mediation and concurred that moving to a hearing of the merits is the next step regarding this matter.
HEARING PLANNING
7The Tribunal heard submissions from the Parties regarding the next steps for this case. They requested that a three-day hearing be scheduled in late April or early May 2025.
8The Tribunal set a three-day hearing to proceed by video beginning on Monday, May 5, 2025, at 10 a.m. and ending on Wednesday, May 7, 2025, as follows:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
9Parties 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.
10Parties and Participants are asked to access and set up the application well before 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
11Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
12Individuals 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 Video Hearing 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.
13The Tribunal directs the Parties to provide a final draft Procedural Order on consent of the Parties to the Case Coordinator by Friday, December 6, 2024.
14A draft Procedural Order was received on December 17, 2024, on consent of the Parties and then reviewed and approved by the Tribunal.
15No further notice is required and the Member is not seized.
ORDER
16THE TRIBUNAL ORDERS THAT:
- A Hearing occur as per the details outlined above beginning at paragraph [9] and the Procedural Order included as Schedule 1 is in full force and effect.
"Gregory J. Ingram"
GREGORY J. INGRAM 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
ISSUE DATE:
CASE NO: OLT-24-000595
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Ken Craine
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning of the subject lands from Residential (R) and Transitional (T) to site-specific Residential (R-XX)
Reference Number: 03.1121
Property Address: 255 Lake Drive North
Municipality/UT: Georgina/York
OLT Case No.: OLT-24-000595
OLT Lead Case No.: OLT-24-000595
OLT Lead Case Name: Craine v. Georgina (Town)
Procedural Order
- The Tribunal may vary or add to this Order at any time either on request or as it sees fit. It may amend this Order by an oral ruling or by another written Order.
Organization of the Hearing
- The video hearing will begin on May 5, 2025 at 10:00 a.m. via videoconference. No further notice shall be required.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
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.
The parties and participants identified at the Case Management Conference are listed as Attachment 1.
The issues for the hearing are set out in the Issues List attached as Attachment 2. There will be no changes to the list as it applies to the hearing unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence for the hearing 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.
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 Monday, January 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’ Acknowledgement of Expert’s Duty Form, 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 Tuesday, January 28, 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 Monday, February 3, 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 Thursday, February 13, 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.
On or before Thursday, February 13, 2025, a participant shall provide copies of their written participant statement to the other parties and to the OLT Case Co-ordinator 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 Monday, March 31, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required. If the parties agree that no hearing dates are intended to be released from the Tribunal’s calendar, no party is required to advise the Tribunal of anything further in this regard.
Parties may provide to all other parties and the OLT Case Co-ordinator a written response to any written evidence on or before Friday, April 4, 2025, in accordance with paragraph 22 below.
On or before Tuesday, April 15, 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.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT Case Co-ordinator on or before Friday, April 25, 2025.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, April 29, 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.
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.
All filings shall be submitted electronically and, when requested, 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.
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.
A summary of the various procedural dates is contained in Attachment 4.
ATTACHMENT 1
LIST OF PARTIES AND PARTICIPANTS
PARTIES
Ken Craine Davies Howe LLP 425 Adelaide Street West, 10th Floor Toronto, ON M5V 3C1
Alex Lusty alexl@davieshowe.com
Tel: (416) 977-7088 Fax: (416) 977-8931
Town of Georgina Ritchie Ketcheson Hart & Biggart LLP 1 Eva Road, Suite 206 Etobicoke, ON M9C 4Z5
Andrew Biggart abiggart@ritchieketcheson.com
Kacie Layton klayton@ritchieketcheson.com
Tel: (416) 622-6601 Fax: (416) 622-4713
Richard Phillips Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9
Tom Halinski thalinski@airdberlis.com
Alexander J. Suriano asuriano@airdberlis.com
Tel: (416) 863-1500 Fax: (416) 863-1515
PARTICIPANTS
Sue Holland idyltime@rogers.com
Ginny Yanuziello and Richard Yanuziello gello@rogers.com
Diane Woods, Debbie Pearson, and Margaret Woods diane.djwoods@gmail.com falcon@qcislands.net
Hillary Thatcher hillary.s.thatcher@gmail.com
Clint Davis clintmdavis70@gmail.com
ATTACHMENT 2
ISSUES LIST
Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination at the hearing will be a matter of evidence and/or argument at the hearing.
- Does the proposed development conform with the Town of Georgina Official Plan (2016) (August 24, 2021 Office Consolidation), including policies:
- 2.2.12.9 (b) and (g) Healthy and Complete Communities Objectives
- 4.1.1 (d) Accessory Uses, Buildings and Structures
- 8.1.11 to 8.1.14 Housing (Accessory Apartments)
- 8.7.1 (d) and (e) Community Design
- Does the proposed development conform with the Keswick Secondary Plan (2004) (December, 2019 Office Consolidation), including policies:
- 13.1.1.2 (ii) and (iv) Goals
- 13.1.2.2 (a), (b) (iii), and (c) Community Design
- 13.1.2.10 Accessory Apartments
- 13.1.3.1.1 (a), (f), and (g) Policies for Neighbourhood Residential
- Does the proposed development have appropriate regarding for the adopted, but under appeal, new Keswick Secondary Plan (2023), including policies:
- 13.1.2.2 (Principle 5) Guiding Principles
- 13.1.4.3.2 (b) to (f) Policies to Promote an Attractive and High Quality Community
- 13.1.5.1 Land Uses Permitted in all Designations
- 13.1.5.3.4 Additional Residential Units
Will the proposal create two principal residential uses on the subject lands and, if so, is that appropriate and does it constitute good planning?
Will the proposal cause unacceptable adverse impacts in terms of privacy and overlook?
Is the proposed coverage for the accessory building excessive?
What are appropriate and sufficient regulations to apply to the proposed additional accessory apartment on the subject lands?
Does the proposed rezoning application exceed the permissions in the minor variance approval obtained through the 2010 Ontario Municipal Board settlement hearing regarding the subject property (OMB Case No. PL091125) and, if so, is the proposed development good planning in consideration of the Board’s findings in that decision?
Does the proposal constitute good planning in the public interest?
ATTACHMENT 3
ORDER OF EVIDENCE
- Ken Craine
- Richard Phillips
- Town of Georgina
- Ken Craine (in reply)
ATTACHMENT 4
SUMMARY OF PROCEDURAL DATES
| DATE | EVENT |
|---|---|
| Monday, January 6, 2025 | Exchange of witness lists (names, disciplines and order to be called) |
| Tuesday, January 28, 2025 | Experts meetings, if any, prior to this date |
| Monday, February 3, 2025 | Agreed Statement of Facts and Issues filed with the Tribunal |
| Thursday, February 13, 2025 | Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements |
| Monday, March 31, 2025 | Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any) |
| Friday, April 4, 2025 | Exchange of Reply Witness Statements (if any) |
| Tuesday, April 15, 2025 | Exchange of Visual Evidence (if any) |
| Friday, April 25, 2025 | Finalize Joint Document Book |
| Tuesday, April 29, 2025 | Hearing Plan filed with the Tribunal |
| Monday, May 5, 2025 | Hearing commences |