Barrister & Solicitor | Integrity Commissioner

Menu

Northern Ontario

  1. Thompson v. Ministry of Natural Resources

    Location:

    Northern Ontario


    Subject:

    Aggregate Extraction, Zoning By-law Amendments


    Court:

    Ontario Municipal Board


    Application/issue:

    This prehearing conference dealt with a proposal to build a quarry in the Township of Ryerson. He had made a two-pronged application – one under the Planning Act for rezoning, and another under the Aggregates Resources Act for a Class A quarry licence. The Township Council agreed to rezone, though conditionally. There were appeals of that Zoning By-law to the Ontario Municipal Board. There was also a referral by the Minister of Natural Resources, to the Board, of the licence matter under the Aggregates Resources Act. Issues include traffic/haul route, environmental concerns, compatibility, hydrogeology work, blasting, property values, and the special zoning provisions.


    Held:

    Hearing is set for future date


    Reasons:


    Document(s):



  2. Municipality of Temagami v. Lake Temagami Residents Group Inc. and Temagami Barge Limited

    Location:

    Northern Ontario


    Subject:

    Shoreline Development, Zoning By-law Amendments


    Court:

    Ontario Municipal Board


    Application/issue:

    The appellants have appealed to the Board under subsection 34(19) of the Planning Act against Zoning By-law 06-650 of the Municipality of Temagami.


    Held:

    Appeal allowed in part


    Reasons:

    At the outset of the hearing, the Board was advised by Counsel for the Municipality of Temagami, that the appeal by Lake Temagami Residents Group Inc. has been settled. The Board had been advised of the amendments that had been made to the by-law that has been approved by Council to address the concerns raised in the appeal. The Board accepts the evidence and finds that the by-law does represent good planning and that it does conform to the municipal Official Plan.


    Document(s):



  3. 1358872 Ontario Ltd. v. Neebing (Municipality)

    Location:

    Northern Ontario


    Subject:

    Commercial Development, Official Plan Amendments, Recreational Development, Shoreline Development, Zoning By-law Amendments


    Court:

    Ontario Municipal Board


    Application/issue:

    The appeals related to a proposal to construct a Seasonal Trailer Park adjacent to the river-bank of the Cloud River at Cloud Bay, in the Municipality of Neebing. The proposed trailer park is located on a narrow band of land owned by Eagle Mountain Resort. Amendments to the Municipality’s Official Plan and Zoning By-law are required to implement the proposal. Official Plan Amendment No. 10 would redesignate one-third of the subject lands as “Recreational” with the balance redesignated as “Environmental Protection.” The Zoning By-law amendment would rezone the lands to Tourist Park Commercial Exception One Zone and various Use Limitation Exception One Zones.


    Held:

    Appeals dismissed


    Reasons:

    While the Board took into consideration that fact that the Official Plan Amendment and Zoning By-law Amendment and the Development Agreement could be edited and corrected to be more in line with the Municipality’s documents, they did not find this argument persuasive enough. They did, however, find more persuasive the fact that the proposal was not compatible with what was acknowledged as a pristine environment. An environment that is unique on the north shores of Lake Superior, which must be protected from harm rather than be put at risk.


    Document(s):