Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 30, 2026

CASE NO(S).: OLT-25-001015

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Anna Koné

Subject: Minor Variance

Description: To permit an accessory structure with reduced front and interior setbacks

Reference Number: A-83-2025

Property Address: 800 Hudson Ave

Municipality/UT: Thunder Bay

OLT Case No.: OLT-25-001015

OLT Lead Case No.: OLT-25-001015

OLT Case Name: Koné v. Thunder Bay (City)

Heard: April 20, 2026, by video hearing

APPEARANCES:

Parties Anna Koné ("Applicant") City of Thunder Bay ("City")

Counsel/Representative* Self-represented* Mike Grimaldi

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON APRIL 20, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant seeks two minor variances with respect to an accessory structure (gazebo) which has been constructed without a building permit on a site municipally known as 800 Hudson Avenue, in the City. The City’s Committee of Adjustment (“COA”) refused the requested variances in part. The appeal is brought pursuant to section 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”).

2On April 20, 2026, the Tribunal held a Case Management Conference (“CMC”) to organize the appeal, address status requests, and establish next steps in this proceeding. A CMC was required to consider translation matters pursuant to Rule 14.3 of the Tribunal Rules of Practice and Procedure (“Rules”) more efficiently.

3The CMC was conducted with the assistance of an interpreter who provided non-simultaneous interpretation in both French and English. The Vice-Chair is fluent in both languages.

NOTICE

4There were no issues raised with service of Notice of the CMC sent administratively by the Tribunal, and as such, no further notice is required.

STATUS REQUEST

5The Tribunal received no requests for Party or Participant status.

OPPORTUNITIES FOR SETTLEMENT

6The Parties were directed to advise the Tribunal, as soon as possible, of any settlement, and were encouraged to narrow the issues.

INTERPRETATION

7The Merit Hearing will be conducted with non-simultaneous interpretation in both French and English. The Vice-Chair is seized of the Merit Hearing.

TRANSLATION OF DOCUMENTS

8Given that the Applicant requested the Merit Hearing to be conducted in French, the matter of what documents need to be translated was considered by the Tribunal pursuant to Rule 14.3 of the Rules. The Tribunal notes that the Act, the Provincial Planning Statement, 2024 (“PPS”), and the Growth Plan for Northern Ontario (“GPNO”) are available in both English and French. The City’s Official Plan and Zoning By-law are only available in English. The City’s Urban Design Guidelines are also only available in English.

9The Applicant indicated that she did not intend to present any written submissions before the Merit Hearing and therefore no direction is required for the Applicant’s pre-hearing documents.

10The City indicated that the only pre-hearing document it intends to rely on is the Expert Witness Statement of Devon McCloskey, dated April 2, 2026 (“Witness Statement”). The City admitted that matters of provincial interest (section 2 of the Act) and alignment with the PPS and the GPNO (section 3 of the Act) are not at issue in this appeal. Accordingly, consideration of the four-part test at section 45(1) of the Act will require consideration of the City’s Official Plan and Zoning By-law. The City agreed that the relevant portions of those instruments, for the purposes of advancing their position, are set out in the Witness Statement. The Witness Statement also contains a summary of the relevant content of the City’s Urban Design Guidelines. The Tribunal indicated to the City that, on a preliminary basis, the Tribunal is not persuaded that those non-statutory guidelines are relevant to the application of the four-part test.

11For a fair determination regarding this matter, the Tribunal found that the Witness Statement needs to be translated by the City. Both Parties agreed that this was appropriate and sufficient. The Tribunal directed that the City translate the Witness Statement and provide a copy of the translation to the Applicant and the Tribunal by no later than Wednesday, May 20, 2026. Should additional information be submitted by Mr. McCloskey, pursuant to paragraph 7.0 of the Witness Statement, the Tribunal directs that such additional information must also be translated by the City, and provided to the Applicant and the Tribunal, at least 10 days before the start of the Merit Hearing. Alternatively, Mr. McCloskey can address updates orally given that interpretation will be available at the Merit Hearing.

12The Tribunal reminded the Applicant that she will have the burden of proof on the merits of her appeal, and that her appeal puts into jeopardy those portions of the COA’s decision that are favourable to her original application.

NEXT STEPS

13The Tribunal directed that a two-day Merit Hearing be scheduled to proceed by video on Wednesday, June 17 and 19, 2026 at 10 a.m.

14Individuals are asked to log in to the event at least 15 minutes before the it begins to test their video and audio connections.

GoTo Meeting: https://meet.goto.com/278736685

Access code: 278-736-685

15Individuals 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.

16Individuals 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 in to an audio-only telephone line: +1-647-497-9391 or (toll-free) +1-888-455-1389. The access code is: 278-736-685.

17Individuals 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.

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.

ORDER

19THE TRIBUNAL ORDERS its directions in this Decision.

20The Vice Chair is seized.

21The English and French versions of this Decision and Order are official.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS
VICE-CHAIR

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.