Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 27, 2026
CASE NO(S).: OLT-22-002220, OLT-25-000615
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
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1000054526 Ontario lnc. and 3101669 Nova Scotia Company
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 10-storey residential apartment building
Reference Number: OPA-08-2024
Property Address: 3856 Terrace Lane
Municipality/UT: Fort Erie/Niagara
OLT Case No.: OLT-25-000615
OLT Lead Case No.: OLT-25-000615
OLT Case Name: 1000054526 Ontario lnc. and 3101669 Nova Scotia Company v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1000054526 Ontario lnc. and 3101669 Nova Scotia Company
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 10-storey residential apartment building
Reference Number: ZBA-17-2024
Property Address: 3856 Terrace Lane
Municipality/UT: Fort Erie/Niagara
OLT Case No.: OLT-25-000616
OLT Lead Case No.: OLT-25-000615
OLT Case Name: 1000054526 Ontario lnc. and 3101669 Nova Scotia Company v. Fort Erie (Town)
Heard: February 27, 2026 by video hearing
APPEARANCES:
Parties
Counsel
1000054526 Ontario Inc. and 3101669 Nova Scotia Company
Patrick Malone Tom Hanrahan (in absentia)
Town of Fort Erie
Denise Baker Sylvain Rouleau (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON february 27, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a tenth Case Management Conference (“CMC”) with respect to appeals (“Crystal Beach Appeals”) filed by 1000054526 Ontario Inc. (formerly 1609652 Ontario Ltd) and 3101669 Nova Scotia Company (“Appellant”) pursuant to ss. 17(24) and 34(19) of the Planning Act (“Act”) against the approval by the Town of Fort Erie (“Town”) of Official Plan Amendment (“OPA”) No. 56 and Zoning By-law No. 144‑2021 to implement the Crystal Beach Secondary Plan.
2The Tribunal also convened the second CMC with respect to appeals (“S‑S Appeals”) filed by the Appellant against the refusal by the Town of site-specific OPA and ZBA applications (“Applications”). The purpose of the Applications is to facilitate the development of a 10-storey residential apartment building for the property at 3856 Terrace Lane.
3At the last CMC, the Tribunal ordered the Crystal Beach Appeals and the S‑S Appeals to be heard together.
PARTY AND PARTICIPANT STATUS REQUESTS
4In advance of the CMC, the Tribunal received a Participant status request for the S-S Appeals from Rose DiRenzo, with concerns related to setbacks, a retaining wall and engineering.
5There were no objections from the Parties and the Tribunal granted Participant status to Ms. DiRenzo as she has a genuine interest in the matter and could assist the Tribunal in making its decision at the merit hearing.
6Also in advance of the CMC, the Tribunal received a Participant status request for the S-S Appeals from Faith Blacquiere, with concerns related to the zoning by-law, application of an Interim Control By-law, the Official Plan designations, the proposed use and site planning, density, height, parking, suitability of the land, and engineering, among others.
7The Appellant objected to the request on the basis that Ms. Blacquiere does not live in the Town, and that there doesn’t appear to be a nexus to the Applications. Ms. Blacquiere was in attendance and advised that she lives near Ottawa, and does not own property in the Town. She noted however, that she has friends and family who live near the Property, has made detailed submissions to Town council, and has been coordinating her efforts with Ms. DiRenzo.
8The Tribunal agreed with the Appellant that there is no nexus between Ms. Blacquiere and the Appeals, given that she does not live or own land within the Town. The Tribunal therefore denied her Participant status, as she does not have a direct interest in the matter, and her interests can be advanced through Ms. DiRenzo’s submissions.
9No additional requests for Participant status were received during the CMC, and no requests for Party status were received either before or during the CMC.
PROCEDURAL ORDER
10The Tribunal was in receipt of final Issues Lists for both sets of appeals. It was agreed by the Parties that the final draft Procedural Order (“PO”) would be submitted to the Case Coordinator by Friday, March 6, 2026, for approval by the Tribunal.
11The Tribunal has since received, reviewed, and approved the PO attached as Schedule 1 to this Decision.
HEARING EVENT
12A 10-day merit hearing was scheduled to commence at 10:00 a.m. on Monday, January 11, 2027, through to Friday, January 22, 2027, by video hearing.
13Parties and Participants 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://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
14Parties and 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
15Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
16Individuals 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.
17The Parties are reminded of the availability of Tribunal-assisted mediation and of the expectation that they are to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
18As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
ADVISORIES
19The Tribunal advised the Parties of the options of Tribunal-led mediation and/or a written hearing if a settlement is reached, and to contact the Case Coordinator to determine next steps as required.
20The Tribunal advised the Parties to ensure that their witnesses address the concerns of the Participant and s. 2 of the Act in their evidence at the merit hearing.
ORDER
21THE TRIBUNAL ORDERS THAT:
a) Participant status is granted to Rose DiRenzo under Tribunal File No. OLT‑25-000615;
b) A 10-day merit hearing will be held by video hearing as scheduled above;
c) The Procedural Order, attached as Schedule 1 to this Decision, is approved and shall govern the proceedings.
22No further notice is required.
23The Member is not seized of these matters.
“C. I. Molinari”
C. I. MOLINARI
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