Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: August 12, 2025
CASE NO(S).: OLT-23-000318
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Thunder Bay Co-op Farm Supplies
Applicant: Joseph Zawada
Subject: By-law No. 2019-034
Description: To permit the development of a medical building
Reference Number: Z01-2019
Property Address: 3935 Highway 61
Municipality: Neebing
OLT Case No.: OLT-23-000318
OLT Lead Case No.: OLT-23-000318
OLT Case Name: Thunder Bay Co-op Farm Supplies v. Neebing (Mun.)
Heard: July 30, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Joseph Zawada | Self-represented |
| Thunder Bay Co-op Farm Supplies | Darren Fisk |
| Municipality of Neebing | Chantelle Bryson* |
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON JULY 30, 2025
1On or about August 7, 2019, the Municipality of Neebing ("Neebing") passed Zoning By-law Amendment, By-law 2019-33 ("Zoning Amendment") to rezone the property known municipally as 3935 Highway 61 ("Subject Property"), to permit Joseph Zawada ("Applicant") to construct a medical building, on the Subject Property which is zoned agricultural. The Zoning Amendment included a holding provision in order to await the outcome of the Ministry of Municipal Affairs and Housing's approval of the Official Plan Amendment ("OPA"), as the Zoning Amendment would not conform with Neebing's Official Plan ("OP") unless the Ministry approved the site-specific re-designation of the Subject Property.
2An appeal of the Zoning Amendment was received by Neebing from the Thunder Bay Co-op Farm Supplies ("Appellant"), on September 11, 2019. This appeal by a third Party was permitted as these events occurred prior to legislation changes limiting third Party appeal rights. Neebing forwarded the Appeal package to the Tribunal; however, the documents were misplaced in transit and were never received by the Tribunal. In April 2023, the appeal package was re-submitted to the Tribunal.
3On June 4, 2025, the Ministry of Municipal Affairs and Housing approved, with modifications, amendments to the OP. The OPA with respect to the Zoning Amendment was not approved. Pursuant to subsections 17(36.5) and (38.1) of the Planning Act, the decision by the Ministry is final and is not subject to appeal. As the OPA has been rejected by the Ministry and cannot be appealed, the Zoning Amendment cannot come into full force and effect. A Case Management Conference ("CMC") was scheduled by the Tribunal to discuss the status of the Appeal.
4At the CMC, Darren Fisk was directed to provide evidence to the Tribunal that he had the authority to act on behalf of the Appellant, and the documentation was received by the Tribunal. The Appellant, upon learning that the Zoning Amendment cannot be acted upon, made the decision to withdraw its appeal, and a letter to that effect has been received by the Tribunal.
5The Applicant expressed his frustration with this process. Chantelle Bryson stated that she had had discussions with the Applicant concerning the decision of the Ministry and suggested that the Applicant take the matter up with their Member of Provincial Parliament.
6The Appeal has been withdrawn by the Appellant and the file with the Tribunal has been closed.
"G.A. CROSER"
G.A. CROSER
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.