Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 12, 2025
CASE NO(S).:
OLT-24-000558
OLT-24-001045
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Laura Aaron & Jennifer Aaron
Subject:
Minor Variance
Description:
Minor Variance to replace existing deck with a new safer deck
Reference Number:
A06-2024
Property Address:
10034 Huron Drive
Municipality/UT:
Lambton Shores/Lambton
OLT Case No.:
OLT-24-000558
OLT Lead Case No.:
OLT-24-000558
OLT Case Name:
Aaron v. Lambton Shores (Municipality)
PROCEEDING COMMENCED UNDER subsections 28.1(20) of the Conservation Authorities Act, R.S.O. 1990, c, C.27
Applicant/Appellant:
Laura Aaron and Jennifer Aaron
Respondent:
Ausable Bayfield Conservation Authority
Description
Appealing the decision made by Ausable Bayfield Conservation Authority (“ABCA”)
Reference Number:
Y2-05-21
Property Address:
10034 Huron Drive
Municipality/UT:
Lambton/Lambton Shores
OLT Case No.:
OLT-24-001045
OLT Lead Case No.:
OLT-24-001045
OLT Case Name:
Aaron v. Ausable Bayfield Conservation Authority
Heard:
July 22, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Laura Aaron and Jennifer Aaron
Jacob Damstra
Municipality of Lambton Shores
Ken Strong
Ausable Bayfield Conservation Authority
John Goudy
MEMORANDUM OF ORAL DECISION DELIVERED BY gregory j. ingram ON July 22, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION / BACKGROUND
1These proceedings are being held with respect to two appeals launched by Laura Aaron and Jennifer Aaron (“Appellants” for Sheldon Aaron) pertaining to the property known as 10034 Huron Drive (“Subject Property”) in the Township of Lambton Shores (“Township”).
2The Appellants are appealing the Township’s denial of a Minor Variance application in April 2024, pursuant to Section 45(12) of the Planning Act (“Act”) and the refusal of an Application for a Development Permit by the Ausable Bayfield Conservation Authority (“ABCA”) in July 2024, under Section 28.1(20) of the Conservation Authorities Act.
3The Subject Property has beach front access and abuts onto the Lake Huron shoreline in Grand Bend. It is zoned residential 6 (R6) and the portion of the Subject Property that abuts into the Lake Huron shoreline is zoned Environmental Protection.
4The Appellant’s proposal would permit the replacement of an existing deck with a new deck and located behind an existing timber crib designed to prevent the natural sand exchange between the dune and the beach.
5The relief requested from the Lambton Shores Comprehensive Zoning By-law 1 of 2023 (“CZBL”), Section 3.19.1 Setbacks from Drains or Watercourses asked that a zero metre (“m”) setback be permitted when the CZBL requires 15 m.
6The Appellants launched two separate appeals of the above referenced refusals with the Tribunal and has now indicated that it is their preference that the two appeals be heard together as the issues pertain to the same proposed structure.
Case Management conference
7Counsel for the Appellants requested that Case No. OLT-24-000558 and OLT-24-001045 be heard at the same time as they are pertaining to the same proposed structure. There have been ongoing discussions between the Township and the ABCA, and a draft procedural order has been developed. Counsel for the Township and the ABCA support this request.
8The Tribunal, under the Tribunal’s Rule of Practice and Procedure (“Rule”), Rule 16.3, ordered that the two proceedings noted above are heard together and that the specific provisions of the Rule are adhered to.
NOTICE
9The Tribunal is satisfied that notice has been served by the Tribunal for both appeals and no further notice is required.
PARTY STATUS
10The Tribunal granted the ABCA Party status for Case No. OLT-24-000558. The ABCA provided comments to the Township on the Minor Variance application and have a direct interest in its outcome. Counsel for the Appellant did not oppose the Status request if evidence was not duplicated and distinguished between the two appeals. The Township did not object to the ABCA receiving Party status.
MEDIATION / SETTLEMENT
11The Parties agreed to participate in Tribunal led mediation and anticipated this process occurring in August and September.
HEARING PLANNING
12The Parties requested that five days be scheduled for a Hearing of the two appeals together in late October or early November and agreed to submit a draft procedural order by Friday, August 8, 2025.
13The Procedural Order was received, reviewed and the approved copy is included with this decision as Schedule 1.
14The Tribunal set a Hearing to proceed by video from Wednesday, November 12 to Wednesday, November 19, 2025. The Tribunal will not be sitting on Monday, November 17, 2025.
15Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/278736685
Access Code: 278-736-685
16Parties and/or Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
17Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391or (toll-free) +1-888-455-1389. The access code is: 278-736-685
18Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
19The Member is not seized, and no further notice is required.
ORDER
20THE TRIBUNAL ORDERS THAT:
OLT-24-000558 and OLT-24-001045 shall be heard together as per Tribunal’s Rule of Practice and Procedure, Rule 16.3.
The date and particulars of these proceedings as set out above along with the approved Procedural Order included as Schedule 1 and is hereby in full 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(S).: OLT-24-000558 and OLT-24-001045
PROCEEDING COMMENCED UNDER subsections 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Laura Aaron & Jennifer Aaron Subject: Minor Variance
Description: Minor Variance to replace existing deck with new safer deck Reference Number: A06-2024
Property Address: 10034 Huron Drive
Municipality/UT: Lambton Shores/Lambton
OLT Case No.: OLT-24-000558
OLT Case Name: Aaron v. Lambton Shores (Municipality)
PROCEEDING COMMENCED UNDER subsections 28.1(20) of the Conservation Authorities Act,
Applicant/Appellant: Laura Aaron and Jennifer Aaron
Respondent: Ausable Bayfield Conservation Authority
Description: Appealing the decision made by Ausable Bayfield Conservation
Authority (“ABCA”)
Reference Number: Y2-05-21
Property Address: 10034 Huron Drive
Municipality/UT: Lambton/Lambton Shores
OLT Case No.: OLT-24-001045
OLT Case Name: Aaron v. Ausable Bayfield Conservation Authority
The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
The Tribunal orders that these appeals in OLT-24-000558 and OLT-24-001045 shall be heard together.
Organization of the Hearing
The video hearing will begin on November 12, 2025 at 10:00 am.
The parties’ initial estimation for the length of the hearing is 5 days on November 12, 13, 14, 18 and 19, 2025. The Tribunal is not sitting on November 17, 2025. 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.
Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/278736685
Access Code: 278-736-685
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence 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
The Appellants shall provide to the Tribunal, the Municipality, and the ABCA the draft instruments for approval along with any new or updated plans or reports to be relied on at the hearing, on or before August 11, 2025.
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 September 2, 2025, and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ 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 September 15, 2025, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties may prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before September 29, 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 15 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 15 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 15 below.
On or before October 16, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.
On or before October 16, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 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 October 16, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before October 30, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a reply to witness statements/written response to any written evidence on or before October 30, 2025, in accordance with paragraph 24 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 3, 2025.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 3, 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.
All filings shall be submitted electronically unless otherwise directed. 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 save and except a Lawyer’s Certificate of Service is proof of the full transmission and receipt of the electronic service.
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.
This Member is [not] seized. So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Summary of Deadlines
ITEM
DEADLINE
Appellant to provide draft instruments for approval along with any new or updated plans or reports to be relied on at the hearing
August 11, 2025
Witness Lists
September 2, 2025
Experts meeting
September 15, 2025
Agreed Statement of Facts and Issues, if any
September 29, 2025
Witness Statements and advise Tribunal if all hearing days are required
October 16, 2025
Replies to Witness Statements, Visual Evidence
October 30, 2025
Joint Document Book and Hearing Plan
November 3, 2025
ATTACHMENT 1
PARTIES
OLT-24-000558
- Appellant – Laura Aaron and Jennifer Aaron |
Jacob Damstra, Counsel (jdamstra@lerners.ca)
- Municipality – Municipality of Lambton Shores |
Kenneth Strong, Counsel (strong@municipallawyers.ca)
- Conservation Authority – Ausable Bayfield Conservation Authority |
John Goudy, Counsel (jgoudy@scottpetrie.com)
OLT-24-001045
Appellant – Laura Aaron and Jennifer Aaron | Jacob Damstra, Counsel
Conservation Authority – Ausable Bayfield Conservation Authority |
John Goudy, Counsel
PARTICIPANTS
None.
ATTACHMENT 2
Issue list for OLT-24-000558 – Aaron v. Lambton Shores (Municipality)
Does the proposed minor variance have regard to matters of provincial interest pursuant to section 2 of the Planning Act, and in particular subsections 2(a), (c), (h), (o), (p)?
Is the proposed minor variance consistent with the Provincial Planning Statement, 2024, and, in particular, is it consistent with sections 5.1, 5.2.1, 5.2.2 a), 5.2.3 a), and if applicable, 5.2.8?
Does the proposed minor variance maintain the general intent and purpose of the County of Lambton Official Plan and the Lambton Shores Official Plan?
Does the proposed minor variance maintain the general intent and purpose of the Lambton Shores Zoning By-law?
Is the proposed minor variance desirable for the appropriate development or use of the land at 10034 Huron Drive?
Is the proposed minor variance minor?
Would approval of the proposed minor variance be good land use planning and in the public interest?
Issue list for OLT-24-001045 – Aaron v. Ausable Bayfield Conservation Authority
- Does the proposed development activity satisfy the requirements for a permit under section 28.1(1) of the Conservation Authorities Act, R.S.O. 1990, c. C.27 and Prohibited Activities, Exemptions and Permits, O. Reg. 41/24?
Specifically,
a. Is the development activity not likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock?
b. Is the development activity not likely to create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property?
c. Does the development activity fall within any of the exceptions in Section 5 of O. Reg. 41/24?
Is the proposed development activity consistent with the Provincial Planning Statement, 2024 and, in particular, with natural hazards policies 5.1, 5.2.1, 5.2.2 a), 5.2.3 a), and if applicable, 5.2.8?
Is the proposed development activity consistent with the policies of the Ausable Bayfield Conservation Authority made under the Conservation Authorities Act,
R.S.O. 1990, c. C.27 and regulations made pursuant to the Act, in particular the following policies?
a. If applicable, the Policies and Procedures Manual for the Administration of Ontario Regulation 147/06 and Municipal Plan Input and Review Manual (2007):
i. Guiding Policies – Section 3.1 – Watercourses, Valleylands,
Hazardous Lands, Wetlands and Shorelines
ii. General Policies – Section 3.12 and subsections – Lake Huron Shoreline;
iii. Specific Policies – Shoreline – Section 3.28 and subsections
b. Shoreline Management Plan, 2019
c. Development Guidelines made under the Shoreline Management Plan, 2019
ATTACHMENT 3
ORDER OF EVIDENCE
Appellant – Laura Aaron and Jenny Aaron
Conservation Authority – Ausable Bayfield Conservation Authority
Municipality – Municipality of Lambton Shores