Provincial law aimed at speeding up home construction kills appeal of Sudbury retirement residence
The Ontario Land Tribunal says new provincial legislation aimed at getting new housing built quickly means an appeal of a six-storey, 150-unit retirement residence in Sudbury’s South End is automatically dismissed.
The plan to build the retirement residence on Algonquin Road was approved by the city’s planning committee in September 2023, despite widespread opposition from many residents in the area.
Residents opposed to the development created a corporation -- 1000726373 Ontario Inc. – to lead efforts to appeal the decision to the province’s planning tribunal.
“This same group of residents have opposed the proposed development throughout the municipal process,” the tribunal said in its decision, released June 27.
“This type of appeal, whether it is brought by an individual or a corporation, is colloquially referred to as a ‘third-party appeal.’”
However, the tribunal said that the passage of Bill 185 in June of this year, dubbed the Cutting Red Tape to Build More Homes Act, means the appeal can no longer move forward.
That’s because the new legislation strictly limits third-party appeals of planning decisions approved by municipal councils.
Such appeals “shall be deemed to have been dismissed on” the day the legislation passed unless a hearing on the merits of the appeal was scheduled before April 10, 2024.
In this case, a case management conference was held April 4, and a decision was made to hold a hearing in September of this year.
But the written order saying that the hearing would be held wasn’t issued until April 18, eight days after the cut-off date.
Representatives for the developer, 11415573 Canada Inc., argued that since the memo was issued eight days after the cut-off date, the appeal had to be dismissed.
Missed cut-off date by six days
But the lawyer for the opponents of the project argued the order to hold the hearing was actually made April 4, six days before April 10.
At issue, the tribunal wrote, is whether the decision to hold the hearing made on April 4 was the same as actually ordering a hearing to be held.
Lawyers for the developer pointed to rules of procedure that say a “tribunal decision or order is effective on the date that the decision or order is issued by electronic means or in hardcopy, unless the decision or order states otherwise.”
Therefore the oral decision made April 4 wasn’t an order under planning procedure and the “bona fide” order wasn’t made until April 18.
In response, the lawyer for the opponents of the project argued that an oral order was issued April 4, and the tribunal has the discretion to rule that the order was in effect as of April 4.
Declined to use its discretion
In its decision, the tribunal said that the April 4 decision to hold a hearing didn’t constitute an order, because it wasn’t a written order and lacked such details as dates for the hearing that would constitute “a bona fide order … as contemplated by the newly enacted provisions of the Planning Act.”
The tribunal also said it was “declining” to exercise its discretion to rule that the April 4 decision was effectively an order.
“From a fairness standpoint, the tribunal finds that it would be just as unfair to the applicant to allow the appeal to continue,” the decision said.
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
“The appellant is in no worse position from a fairness standpoint compared to any other appellant who has similarly had their appeal dismissed by Bill 185 ... The tribunal finds that such an action would serve to undermine the clear intent and purpose of the newly enacted transitionary provisions of the Planning Act, insofar as the statute has set a hard deadline to dismiss certain matters.”
“The tribunal orders that the appeal by 1000726373 Ontario Inc. cannot continue.
Read the full decision here.
CTVNews.ca Top Stories
Israel intensifies bombardment of Gaza and southern Lebanon on the eve of Oct. 7 anniversary
A new round of airstrikes hit Beirut suburbs late Sunday as Israel intensified its bombardment of northern Gaza and southern Lebanon in a widening war with Iran-allied militant groups across the region. Palestinian officials said a strike on a mosque in Gaza killed at least 19 people.
Rare cloud formations ripple the sky over Ottawa
A unique form of clouds made an appearance over the skies of Ottawa on Sunday evening.
The cooking method you need to learn to get excited about vegetables this fall, expert says
'Eat more vegetables,' doctors and dietitians say over and over. But for many people, it’s hard to do, because they aren’t excited about veggies or just don’t like them.
Hurricane Milton is growing stronger as it blows toward Florida's Tampa Bay region
People across Florida were given notice Sunday that Hurricane Milton is intensifying rapidly and will likely be a major hurricane before slamming midweek into the storm-ravaged Gulf Coast.
New Far North hospital moves closer to being built after $1.8B design, build contract awarded
Weeneebayko Area Health Authority and the Government of Ontario have awarded a $1.8 billion fixed-price contract to design, build and finance a new Far North hospital.
Inmate dies following assault at Toronto jail, another prisoner charged
A 54-year-old inmate at the Toronto South Detention Centre has been charged in connection with a deadly jail beating late last week that claimed the life of a 69-year-old prisoner.
Madonna's brother, Christopher Ciccone, dead at 63
Christopher Ciccone, a multihyphenate artist, dancer, designer and younger brother of Madonna, has died. He was 63.
'Environmental racism': First Nations leaders claim cancer-causing contamination was covered up
The people of Fort Chipewyan believe the federal government knew its water was contaminated and hid the issue for years. Now the chief of the Athabasca Chipewyan First Nation is leading the call for immediate action.
Frequent drinking of fizzy beverages and fruit juice linked to an increased risk of stroke: research
New data raises questions about the drinks people consume and the potential risks associated with them, according to researchers at Galway University in Ireland, in partnership with Hamilton’s McMaster University.