Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 9, 2025
CASE NO(S).: OLT-25-000119
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellants: Sherry Colbourne and Robert Williams
Subject: By-law No. 06-2025
Description: To rezone the subject lands to permit the operation an event space located within a converted barn secondary to the existing residential use
Reference Number: Z14-23
Property Address: 3038 County Rd 3
Municipality/UT: Prince Edward County
OLT Case No.: OLT-25-000119
OLT Lead Case No.: OLT-25-000119
OLT Case Name: Colbourne and Williams v. Prince Edward (County)
Heard: July 3, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Sherry Colbourne and Robert Williams (“Appellants”)
Self-represented*
Prince Edward County (“County”)
Lisa Scheulderman
Salvatore and Lia-Marie Grosso (“Applicant”)
Mark Pederson
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON JULY 3, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) for the above-noted matter. The Appellants has appealed under s. 34(19) of the Planning Act (“Act”), R.S.O. 1990, c. P.13, as amended, for the approval of a Zoning By-law Amendment (“ZBA”) to permit the operation of an event venue at the municipal address of 3038 County Road 3, Ward of Ameliasburgh (“Subject Lands”).
2The Subject Lands are described as Part Lot 97 Concession 1 Part 1 47R741 of the together with an easement over Part Lot 97 Concession 1 part 1 47R8006 as in EC2113, in the Ward of Ameliasburgh in the County of Prince Edward.
3The proposed ZBA would rezone the Subject Lands from Lands from Rural 1 (RU1) Zone to a site-specific Rural 1 (RU1-284) Zone with special provisions to permit an existing barn to be operated as an event venue.
4The Affidavit of Service affirmed on June 2, 2025, meets the requirements of the Tribunal, and is marked as Exhibit 1. No further notice will be required.
PRELIMINARY MATTERS
5Mr. Pederson, Counsel for the Applicant raised an issue of the validity of the Appeal due to the Appellants not being the registered owners on the Subject Lands. Mr. Pederson continued that prior to proceeding further, a determination must be made on this issue, and that it would be premature to grant Participant Status requests at this time.
6All of the Parties acknowledge that the Appellants hold easements over the Subject Lands. The area of disagreement arises on the question of the easement interests satisfying s. 34(19) 2.2 of the Act.
The Tribunal determined that the matter of s. 34(19) 2.2 being satisfied should be determined prior to proceeding further. A decision on Participant status requests will be deferred until the above matter is addressed.
NEXT STEPS
7To ensure procedural fairness for all Parties, the Tribunal determined that in accordance with Rule 21.1 of the Tribunal’s Rules of Practice and Procedural (“Rules”), a written hearing was the most appropriate and efficient manner to establish if the holding of an easement over the Subject Lands satisfies s. 34(19) 2.2 of the Act.
8After canvassing the Parties for potential timelines, the following process has been set to consider the Motion on Monday, September 22, 2025:
By end of day Friday, August 8, 2025, the Applicant will serve submissions in accordance with the requirements of Rule 21.3(a) of the Tribunal’s Rules;
By end of day Friday, September 5, 2025, the Appellants and the County, wishing to respond will do so in accordance with the requirements of Rule 21.3(b) of the OLT Rules; and
The Applicant may wish to reply and may do so by end of day Friday, September 19, 2025, in accordance with the requirements of Rule 21.3(c) of the OLT Rules.
9Should the Tribunal determine that s. 34(19) 2.2 is not satisfied in this Appeal, the Tribunal will dismiss the proceeding without a hearing in accordance with s. 19(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c.4, Sched. 6.
10The Tribunal thanked the Parties for their assistance.
ORDER
11THE TRIBUNAL ORDERS the directions contained in this Decision.
“W. Daniel Best”
W. DANIEL BEST
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.