Tribunal lacks jurisdiction under section 51 of the Planning Act to dictate terms of condominium agreements.
The Township of Georgian Bay brought a motion for directions regarding the Ontario Land Tribunal's jurisdiction to determine the terms of a condominium agreement required as a condition of draft plan approval under section 51 of the Planning Act.
The appellant developers argued that an impasse had been reached and the Tribunal should intervene to resolve the implementation of the condition.
The Tribunal held that while it has the authority to assess the reasonableness of a condition and amend it, it lacks the statutory jurisdiction to dictate the specific contents of a subdivision or condominium agreement or to compel a municipality to execute such an agreement.
The Tribunal also struck portions of an affidavit from the record on the basis of settlement privilege.
The Township's motion was granted and the issue regarding the content of the agreement was struck from the issues list.
OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. v. Georgian Bay (Township), 2025 CanLII 18359