Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 8, 2025
CASE NO(S).: OLT-22-002220
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club
Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd.
Subject: Proposed Official Plan Amendment No. 56
Municipality: Town of Fort Erie
OLT Lead Case No.: OLT-22-002220
OLT Case No.: OLT-22-002220
OLT Case Name: Crystal Beach Tennis and Yacht Club. v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club
Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd.
Subject: By-law No. BL 144-2021
Municipality: Town of Fort Erie
OLT Lead Case No.: OLT-22-002220
OLT Case No.: OLT-22-002221
Heard: August 6, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
3101669 Nova Scotia Company
1000054526 Ontario Inc. (replacing 1609652 Ontario Ltd.) (“Appellants”)
Tom Hanrahan
Town of Fort Erie
(“Town”)
Denise Baker
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 6, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision and order relate to the eighth Case Management Conference (“CMC”) in relation to several appeals pursuant to s. 17(24) and 34(19) of the Planning Act (“Act”) against the decisions of the Town of Fort Erie (“Town”) to adopt Official Plan Amendment No. 56 (“OPA 56”) and Zoning By-Law Amendment (“ZBA”) No. 144-2021 (“ZBL No.144-2021”). OPA 56 is also known as the Crystal Beach Secondary Plan, and the lands subject to this amendment cover an approximate area of 359.4 hectares.
2There are only two remaining Appellants in this matter described in the Intitulement.
3Denise Baker, counsel for the Town explained that she had spoken to the Appellants’ counsel with respect to this matter which Parties submitted should be consolidated with the Appellants’ site-specific appeals (recently filed) regarding the same two parcels of land.
4She stated that the Appellants’ site-specific applications to amend the Official Plan and the Zoning By-law were refused by Town Council on June 30, 2025, and the Appellants have filed their appeals on July 30, 2025.
5The site-specific appeals being recently filed, have not been assigned OLT reference numbers and the first Case Management Conference has yet to be scheduled.
6Parties intend to request an administrative consolidation of the Appellants’ OPA 56 matter with the site-specific appeals at that first CMC.
7Tom Hanrahan for the Appellants concurred, and Parties requested this matter be adjourned Sine Die to enable the administrative consolidation contemplated.
Disposition
8The Tribunal agrees with Counsel that since there are no other Appellants appealing except for these two remaining Appellants, Counsel’s request can be accommodated. As the Appellants have site specific appeals respecting the same two parcels, it is a reasonable request for an adjournment of this matter. This will allow the site-specific appeals process to proceed and allow time for the Town and the Appellants to apply for consolidation of these related appeals. The Tribunal will adjourn this matter Sine Die.
ORDER
9THE TRIBUNAL ORDERS that the matter be adjourned Sine Die.
“T.F. Ng”
T.F. NG
MEMBER
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.