ISSUE DATE: September 22, 2025
CASE NO.: OLT-25-000043
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Jodi and Reginald Rosengren
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a mobile home as a land use on lands presently zoned as Rural
Reference Number: ZBLA 11-2024
Property Address: 500 River Road
Municipality/UT: Oliver Paipoonge/Thunder Bay
OLT Case No: OLT-25-000043
OLT Lead Case No: OLT-25-000043
OLT Case Name: Rosengren v Oliver Paipoonge (Municipality)
BEFORE:
J. INNIS MEMBER
Monday, the 22nd day of September, 2025
THIS MATTER having come before the Tribunal as a settlement motion in writing and upon reviewing and having considered:
i. the uncontested opinion evidence proffered by Kerri Reid, in her comprehensive affidavit sworn September 15, 2025; and
ii. the Appellant’s Document Book dated September 15, 2025;
AND THE TRIBUNAL understands that the aforementioned sworn evidence of Ms. Reid reflects revisions to the application before the Tribunal that were reached through cooperative efforts of all Parties;
AND THE TRIBUNAL, having accepted the opinion evidence of Ms. Reid as presented in her affidavit, finds that the subject application, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, conforms to the Northern Ontario Growth Plan, the Municipality of Oliver Paipoonge Official Plan, and otherwise reflects principles of good land use planning. Further, the proposed development and draft zoning by-law amendment represent good planning and design and are in the public interest;
THE TRIBUNAL ORDERS THAT the appeal is allowed, Zoning By-law No. 01-2019 is hereby amended as set out in Attachment 1 to this Order, for the lands legally described as Part Broken Lot 32. Con A SKR, Paipoonge, Being Part 2, Plan 55R14207, as shown on Attachment 2. The Tribunal authorizes the municipal clerk of the municipality of Oliver Paipoonge to assign a number to this bylaw for record keeping purposes.
Should the parties have difficulty implementing this order, the Tribunal may be spoken to.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN 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.
ATTACHMENT 1
THE CORPORATION OF THE MUNICIPALITY OF OLIVER PAIPOONGE
BY-LAW NO. **-2025
A By-law to amend the Zoning By-Law for the Municipality of Oliver Paipoonge
WHEREAS the Municipal Act, 2001, c. 25, s. 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Oliver Paipoonge has passed a comprehensive Zoning By-law No. 01-2019, for the Municipality of Oliver Paipoonge;
AND WHEREAS the Ontario Land Tribunal in its order issued ** in file number OLT-25-000043 ordered the amendment of comprehensive Zoning By-Law No. 01-2019 for the Municipality of Oliver Paipoonge with respect to the lands known legally as PART BROKEN LOT 32 CON A SKR PAIPOONGE, BEING PART 2, PLAN 55R14207; MUNICIPALITY OF OLIVER PAIPOONGE.
NOW THEREFORE the Ontario Land Tribunal hereby Orders an amendment to By-law No. 01-2019 as follows:
That the lands described locally as PART BROKEN LOT 32 CON A SKR PAIPOONGE, BEING PART 2, PLAN 55R14207; MUNICIPALITY OF OLIVER PAIPOONGE, as shown on Schedule ‘A’ attached to and forming part of this By-law, be site-specifically amended to permit a smaller main dwelling unit, as follows:
6.2.2 Site Specific Provisions
6.2.3.10 500 River Road (By-law **-2025)
Notwithstanding the minimum dwelling unit floor area specified in Table 6.2.2, the minimum dwelling floor area shall be 40 m².
The zone symbol for this site-specific provision is RU-012.
That this by-law shall come into force and take effect upon the order of the Ontario Land Tribunal.
ORDERED by the Ontario Land Tribunal dated [date] for Case Number OLT-[insert].
THE CORPORATION OF THE MUNICIPALITY OF OLIVER PAIPOONGE
Mayor Lucy Kloosterhuis
Wayne Hanchard, CAO/Clerk
ATTACHMENT 2
THE CORPORATION OF THE MUNICIAPLITY OF OLIVER PAIPOONGE
BY-LAW NO. **-2025 SCHEDULE ‘A’