Normal Farm Practices
Protection Board
1Stone Road West, 2nd Floor
Guelph, Ontario N1G 4Y2
Tel: (519) 826-3433, Fax: (519) 826-4232
Email: NFPPB@ontario.ca
Commission de protection des pratiques agricoles normales
1 Stone Road West, 2e étage
Guelph (Ontario) N1G 4Y2
Tél.: (519) 826-3433, Téléc.: (519) 826-4232
Courriel: NFPPB@ontario.ca
The Discovery House Project V Clearview Township
2022 ONNFPPB 02
DATE OF DECISION:
2022-02-07
005Discovery21
STATUTE:
Farming and Food Production Protection Act, 1998
HEARING:
BETWEEN:
The Discovery House Project – Applicants
and
Clearview Township – Respondents
FILE NO.: 005Discovery21
DATE: 2022/02/07
IN THE MATTER OF the Farming and Food Production Protection Act, 1998.
AND IN THE MATTER OF an application to the Normal Farm Practices Protection Board (the “Board”) under Section 6 of the Farming and Food Production Protection Act, 1998 for a determination as to whether a municipal by-law is restricting a normal farm practice.
AND IN THE MATTER OF a hearing on the issue of the Board’s jurisdiction.
BETWEEN:
The Discovery House Project
Applicant
– and –
Clearview Township
Respondent
Represented by Andrew Biggart
Represented by H.G. Elston
PROCEDURAL order
1The Applicant seeks to bring a motion for an order substituting Bricktown Co-operative Development Corporation (“Bricktown”) as Applicant in place of The Discovery House Project.
2The motion will be heard prior to the re-commencement of this hearing at 10:00 a.m. on March 28, 2022.
3The Notice of Motion, Affidavit evidence and a factum of the Applicant shall be served and filed on or before February 25, 2022. The Respondent shall serve and file any responding material on or before March 11, 2022. The Applicant may serve and file any material in reply on or before March 17, 2022.
4All motion material shall be served and filed in digital format and conform with paragraphs 18 to 23, inclusive, of the Procedural Order dated June 29, 2021.
5Pursuant to Rule 33(1) of the Board’s Rules of Practice and Procedure, the Applicant shall provide as part of its motion material:
All Articles of Incorporation, Articles of Amendment, Restated Articles of Incorporation and/or Articles of Amalgamation for Bricktown;
A current Certificate of Status for Bricktown; and,
The written consent of Bricktown to be added as Applicant in this application.
6After the motion is heard, the Jurisdiction Hearing in this matter will continue on March 28 and 29, 2022 subject to the further order of this Board.
Released: February 7th, 2022