Oro-Medonte Association of Responsible STRS v. Township of Oro-Medonte, 2021 CanLII 58452

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

July 02, 2021

CASE NO(S).:

PL200395

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Oro-Medonte Association of Responsible STRS

Subject:

By-law No. BL 2020-073

Municipality:

Township of Oro-Medonte

2LPAT Case No.:

PL200395

LPAT File No.:

PL200395

LPAT Case Name:

Oro-Medonte Association of Responsible STRS v. Oro-Medonte (Township)

Heard:

June 2, 2021 by video hearing

APPEARANCES:

Parties

Counsel

Oro-Medonte Association of Responsible STRS

Chantal deSereville

Township of Oro-Medonte

Laura Dean

Oro-Medonte Good Neighbours Alliance Inc.

James Feehely

DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL

1This Decision arises from the second Case Management Conference (“CMC”) regarding the appeal brought by the Oro-Medonte Association of Responsible STRS (“Appellant”) of the passage by the Township of Oro-Medonte (“Township”) of a zoning by-law amendment on short-term rental accommodations.

2At the first CMC, held in February 2021, the Tribunal addressed requests for Party and Participant status and the disclosure of documents. It granted Party status to the Oro-Medonte Good Neighbours Alliance Inc. (“Alliance”) and Participant status to Fairbnb Canada.

3At the second CMC, the Tribunal addressed the settlement of a motion brought by the Appellant seeking the production of documents from the Township, addressed the finalization of the Issues List and draft Procedural Order, discussed opportunities for settlement discussions and mediation, and set hearing dates. No further requests for status were made at the CMC.

Motion for the Production of Documents

4On March 31, 2021, the Appellant filed a motion seeking the production of documents from the Township. The motion was subsequently settled and due dates for the production of documents were agreed to by the Appellant and the Township. The terms of their agreement are included in the Procedural Order attached to this Order and Decision.

Issues List and draft Procedural Order

5Prior to the CMC, the Parties filed a draft Procedural Order and Issues List. The appropriateness of two of the issues in the Issues List remain in dispute. In particular, the Alliance raised concerns regarding the appropriateness of the Appellant’s Issues No. 5 and 6. These issues are:

5. What are the impacts of the Zoning By-law Amendment on members of the public?

6. Does the Zoning By-law Amendment have a disparate impact on certain members of the public?

6The Alliance, supported by the Township, argued that these issues address the regulation of persons, not land uses, and are not appropriate matters for adjudication by the Tribunal. The Appellant argued that they are relevant as they address the land-use impacts of the proposed Zoning By-law Amendment. The Tribunal found that Issues No. 5 and 6 address the impacts of the proposed instrument and are proper planning issues before the Tribunal that may be relevant to the Tribunal’s consideration of consistency with the Provincial Policy Statement, 2020 and/or Official Plan conformity.

7Subsequent to the second CMC, the Parties filed a finalized Issues List and draft Procedural Order with the Tribunal. The Tribunal has now reviewed, revised, and approves these documents. They are attached as Schedule 1 to this Order and Decision.

Opportunities for Settlement Discussions

8The Parties expressed an interest in pursuing settlement discussions and stated that they may request Tribunal-assisted mediation in due course. The Tribunal encouraged the Parties to pursue settlement discussions and urged them to promptly request Tribunal-assisted mediation, if they agree to pursue that option.

Setting of Hearing Dates

9The Parties described the number and types of witnesses that they intend to call at the hearing. They submitted that a seven-day hearing is required. Based on these inputs, the Tribunal scheduled a seven-day hearing for March 2022.

ORDER

10The Tribunal approves the Issues List and Procedural Order attached as Schedule 1 to this Order and Decision.

11The Tribunal orders that the hearing will commence by video hearing on Tuesday, March 22, 2022 commencing at 10 a.m. Seven days have been set aside.

12Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/842733141

Access code: 842-733-141

13Parties and Participants are asked to set up the video hearing application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1 (647) 497-9373 and (Toll Free) 1 (888) 299-1889. The access code is 842-733-141.

15Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

16There will be no further notice.

17This Member is not seized.

“Hugh S. Wilkins”

HUGH S. WILKINS

MEMBER

Ontario Land Tribunal

Website: 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.

SCHEDULE 1

ONTARIO LAND TRIBUNAL Tribunal ontarien de l’aménagement du territoire

CASE NO(S).: PL200395

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Oro-Medonte Association of Responsible STRS

Subject:

By-law No. BL 2020-073

Municipality:

Township of Oro-Medonte

2LPAT Case No.:

PL200395

LPAT File No.:

PL200395

LPAT Case Name:

Oro-Medonte Association of Responsible STRS v. Oro-Medonte (Township)

PROCEDURAL ORDER

1. The Tribunal may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.

Organization of the Hearing

2. The video hearing will begin on March 22, 2022 at 10:00 a.m.

3. The parties’ initial estimate for the length of the hearing is 7 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The Issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before December 22, 2021 (90 days before the hearing). A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before January 14, 2022 (70 days prior to the hearing) to try to resolve or reduce the issues for the hearing. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties on or before January 24, 2022 (60 days prior to the hearing).

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13.

13. On or before February 8, 2022 (45 days before the hearing) the parties shall provide copies of their witness and expert witness statements to the case coordinator and the other parties in accordance with paragraph 22.

14. On or before February 8, 2022 (45 days before the hearing) a participant shall provide copies of their written participant statement to the case coordinator and the other parties in accordance with paragraph 22. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before March 11, 2022 (10 days before the hearing) the parties shall provide copies of their visual evidence to the OLT case coordinator and all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. Parties may provide to all other parties and file with the Clerk a written response to any written evidence on or before March 2, 2022 (20 days prior to the hearing) in accordance with paragraph 22.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before March 11, 2022 (10 days prior to the hearing).

18. On March 17, 2022 (5 days prior to the hearing) the parties shall provide to all parties and the Tribunal, in password protected format, any documents that will be used by the party in the cross-examination of an opposing party’s witness. The password protected documents shall only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a hearing plan with the Tribunal on or before March 7, 2022 (15 days prior to the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filing shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

Timelines Relating to the Production of Documents

24. The Appellant and the Township have agreed, to the extent that the following documents exist as of the date of this order and are within the custody or control of, or accessible by, the Township, and to the extent that the Township has not already produced the following documents, the Township shall produce the following documents to the Appellant within 30 days of the date of this Order:

a. Items 6, 7, 8, 9, and 10 of Schedule “A” to the Appellant’s Notice of Motion for production dated March 31, 2021 (also attached hereto as Attachment 5) subject to redactions as to the identities of the complainants and any documents or portions thereof protected by solicitor-client privilege.

25. The Appellant and the Township have agreed, to the extent that the following documents are within the custody or control of, or accessible by, the Township, the Township is precluded from relying on the contents of any of the following documents at the hearing for the within appeal:

a. Any documents listed in Schedules “A” or “B” to the Appellant’s Notice of Motion (also attached hereto as Attachments 5 and 6) that the Township has failed to produce within 30 days of the date of this order, or, in the case of other documents not in existence as of the date of this order, including any reports from Host Compliance/ Granicus that the Township only obtains access to, possession, or control of after the date of this order, that the Township has failed or refused to produce earlier than 90 days prior to the hearing of the within appeal (or such other time as counsel for the Township and the Appellant may agree to in writing); and,

b. Any redacted portions of the documents that the Township has or will produce in response to the Appellant’s Motion for production.

26. The Appellant and the Township have agreed that, within 30 days of the date of this Order, the Township or its solicitors shall make best efforts to obtain a written response to their inquiry to the Municipal Property Assessment Corporation (“MPAC”) regarding the Township’s ability to produce the documents listed as items 1, 2, and 4 of Schedule “A” to the Appellant’s Notice of Motion for production (also attached hereto as Attachment 5).

27. The Appellant and the Township have agreed that should MPAC permit the Township to produce items 1, 2, and 4 referred to in the foregoing paragraph, then the Township shall, within 30 days of the date of MPAC’s written permission, produce those items to the Appellant.

This Member is not seized.

So orders the Tribunal.

Attachment 1: Parties and Participants

Appellant/Party

Counsel

Contact

Oro-Medonte Association for Responsible STRs

Bruce Engell Chantal deSereville

WEIRFOULDS LLP 66 Wellington Street West, Suite 4100 Toronto, ON M5K 1B7 416-947-5090 bengell@weirfoulds.com cdesereville@weirfoulds.com

Township of Oro-Medonte

Christopher Williams Laura Dean

AIRD & BERLIS LLP Barristers and Solicitors 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 416-863-1500 cwilliams@airdberlis.com ldean@airdberlis.com

Oro-Medonte Good Neighbours Alliance Inc.

James Feehely

FEEHELY, GASTALDI Barristers and Solicitors 5 Mill Street P.O. Box 370 Tottenham, ON L0G 1W0 905-936-4282 jfeehely@fglawyers.ca

Participant

Contact

Fairbnb

Thorben Wieditz 647-409-8997 thorben@metstrat.ca

Attachment 2: Issues List

Note: the identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination at the hearing will be a matter of evidence and argument at the hearing.

1. What is the land-use planning impact that the zoning by-law amendment is intended to address?

2. What are the land use impacts of short term rentals (“STRs”), if any, as compared to other residential land uses in the Township?

3. Are the land use impacts of STRs in the Township such that it is appropriate and/or proportionate to prohibit them in any zone in the Township?

4. Is the 30-day threshold in the zoning by-law amendment appropriate?

5. What are the impacts of the zoning by-law amendment on members of the public?

6. Does the zoning by-law amendment have a disparate impact on certain members of the public?

7. What are the impacts of the zoning by-law amendment on tourism?

8. Are dwelling units on shoreline properties housing supply? Or are shoreline properties resource-based recreational uses?

9. Does the Township have the jurisdiction to prohibit leases of residential properties, including leases of less than 30 days?

10. Is the zoning-by-law amendment consistent with the following sections of the PPS: 1.1.4.1 g), 1.1.5.2, 1.7.1 a) h)?

11. Does the zoning by-law amendment conform to sections 2.4, 3.1, 3.1.2, 3.7.4 c) and 3.7.12 of the County of Simcoe Official Plan?

12. Does the zoning by-law amendment conform to sections A2.7.2 d), k) and C.5.2 of the Township of Oro-Medonte Official Plan?

Attachment 3: Order of Evidence

1. Township of Oro-Medonte

2. Oro-Medonte Good Neighbours Alliance Inc.

3. Oro-Medonte Association for Responsible STRs

4. Reply evidence, if any

Attachment 4

Attachment to Procedural Order

Meaning of terms used in the Procedural Order:

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual, group or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Subsection 33.2 of the Local Planning Appeal Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’

opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.

Additional Information

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

Attachment 5

Schedule “A”

LOCAL PLANNING APPEAL TRIBUNAL Tribunal d’appel de l’aménagement local

PROCEEDING COMMENDED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Oro-Medonte Association for Responsible STRs

Subject: By-law No. 2020-073

Municipality: Township of Oro-Medonte

LPAT Case No.: PL200395

LPAT File No.: PL200395

LPAT Case Name: Oro-Medonte Association for Responsible STRS v. Oro-Medonte (Township)

LIST OF DOCUMENTS REQUIRED BY THE APPELLANTS

For the purposes of the following records,

“Complaints” means any complaint from any homeowner to the Township regarding the rental of residential or recreational residential properties restricted only to an actual or alleged disturbance, nuisance, noise, parking, garbage, by-law violation, interference with enjoyment of property, or similar acts by individuals engaged in the rental of residential or recreational residential properties, but excluding general complaints that a homeowner or homeowners oppose or dislike STRs or complaints making any general allegation of complaints about STRs but not referring to any actual or alleged specific act or occurrence;

“Enforcement” means any orders, charges, or prosecutions issued or brought by the Township and/or, if in the possession of the Township, by the Ontario Provincial Police (“OPP”) against any person;

“STR” means any form of short-term rentals, including those listed, made available, or rented using services such as AirBnB, VRBO, Homeaway, or Canada Stays.

1. Exported MS Excel data set from Municipal Connect indicating all roll numbers with a recreational residential property code, namely, codes 391, 392, and 395, in the Township;
2. Exported MS Excel data set from Municipal Connect indicating all roll numbers of all properties with a residential property code, namely, codes in the 300 series, as well as codes 242, 243, 244, and 245, in the Township;
3. The raw data used to derive the estimated number of STRs in the Township and the number of complaints relating to STRs in the Township in Staff Reports DS2018-012 and DS2019-020;
4. Parcel fabric shapefile analyses linking the foregoing MPAC codes;
5. The raw data used to derive the number of “occurrences” pertaining to STRs identified Staff Report DS2021-004;
6. All complaints related to the rental of residential and recreational residential properties made to the Township between January 1, 2016 to March 31, 2021, including the nature of the complaint, the addresses of the properties to which the complaints pertain, and any indication as to whether the property complained of was being operated as an STR at the relevant time;
7. Records between January 1, 2017 and March 31, 2021 of all enforcement actions taken by the Township, or, if in the possession of the Township, by the OPP, regarding complaints related to the rental of residential properties;
8. All parking complaints in the Township between January 1, 2017 and March 31, 2021, and the property addresses, if any, to which they pertain;
9. All noise complaints in the Township between January 1, 2017 and March 31, 2021, and the addresses, if any, to which they pertain; and,
10. Save and except for an email chain between the Township and Host Compliance/ Granicus, dated from September 9, 2020 to October 14, 2020, which has already been provided by the Township, all reports and communications from any consultants, including Host Compliance/ Granicus, retained by the Township to identify STRs operating in the Township.

Attachment 6

Schedule “B”

LOCAL PLANNING APPEAL TRIBUNAL Tribunal d’appel de l’aménagement local

PROCEEDING COMMENDED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Oro-Medonte Association for Responsible STRs

Subject: By-law No. 2020-073

Municipality: Township of Oro-Medonte

LPAT Case No.: PL200395

LPAT File No.: PL200395

LPAT Case Name: Oro-Medonte Association for Responsible STRS v. Oro-Medonte (Township)

LIST OF REQUESTED DOCUMENTS STILL OUTSTANDING

1. From Request no. 2018-06:

(a) All records of enforcement proceedings or litigation by or against the Township related to short term rentals from August 1, 2017 to September 3, 2018.

2. From Request 2019-15, for the period between January 1, 2016 to March 3, 2019:

(a) All records of Township enforcement officers of complaints or investigations of complaints related to STRs and the results of the investigations, including whether they were found to be well founded;

(b) Records of all calls or complaints to the OPP related to STRs and copies of all invoices and charges and records of payments to the OPP in respect of any STR complaints;

(c) With respect to Staff Report DS 2019-020, all records showing what properties were rented on an STR basis in the Township as of the date of the report, including all copies of search results of the rental platforms showing the properties or which were used to support the finding that there are 300 properties being rented on a STR basis, including page caches from the search engines used to do the searches;

(d) Staff report DS2019-020 refers to discussions and opinions related to STRs. Provide copies of all opinions and advice, views/inpiut ever provided to the Township and notes of persons to whom the advice has been provided. Also provide records indicating to whom the advice/opinions etc was provided;

(e) With respect to Staff Report DS 2018-012, all records showing what properties were rented on an STR basis as of the date of the report, including all copies of search results of the rental platforms showing the properties or which were used to support the finding in that report that there are 170 to 260 STRs operating in the Township, including page caches from the search engines used to do the searches;

3. From Request 2019-19:

(a) Communications within or to the Township regarding Report DS2018-012;

(b) Records related to the origin or request for Report DS2018-012;

(c) Records indicating whether staff proceeded to implement the recommendations in Report DS2018-012.

4. From request 2019-20, for the period between March 3, 2019 and June 16, 2019:

(a) All records of Township enforcement officers of complaints or investigations of complaints related to STRs and the results of the investigations, including whether they were found to be well founded;

(b) Copies of any charges against any person in the Township related to STRs;

(c) All records of the Township concerning what other municipalities are considering related to STRs;

(d) Copies of all opinions and advice, views/input of counsel pertaining to STRs provided to the Township and notes of persons to whom the advice has been provided, including any records arising from or related to the June 12, 2019 meeting of Council.

5. From Request 2020-06:

(a) For the period between November 27, 2019 and March 28, 2020, records of all “input from the public”, correspondence from qualified professionals, and the opinions from Aird & Berlis and Russell Christie firms referred to in the email from Mayor Hughes dated February 26, 2020.

6. From Request 2020-07:

(a) Copies of complaints from any homeowner to the Township regarding STRs from January 1, 2018 to March 28, 2020 showing the addresses of the properties to which the complaints pertain.

7. From Request 2020-12:

(a) For the period between March 29, 2020 and April 4, 2020, all advice received from Aird & Berlis related to STRs.

8. From Request 2020-21, for the period between January 1, 1997 and July 5, 2020:

(a) All policies, guidelines, directives, and/or decisions of the Township or council (or a member thereof) and/or an enforcement official regarding enforcement of, or the ability to enforce, Township zoning by-laws against persons engaging in STRs;

(b) All policies, guidelines, directives and/or decisions of the Township or council (or a member thereof) and/or enforcement officials regarding how complaints regarding STRs should be handled, including whether or not to enforce existing zoning by-laws, or whether existing zoning by-laws could be enforced against a person engaging in STRs;

(c) All policies, guidelines, directives and/or decisions of the Township or council (or a member thereof) and/or an enforcement official about whether STRs could be legally engaged in under existing zoning by-laws;

(d) The opinion of Aird & Berlis about the legality of STRs under existing zoning by-laws referred to by members of the public in the public meeting held June 25, 2020; and,

(e) Copy of emails or letters sent by the Mayor to Mr. David Johnston and referred to by Mr. Johnston at the Public meeting on June 25, 2020.

9. From Request 2020-28, for the period between January 1, 2020 and October 12, 2020:

(a) The list and database of STRs referred to in Report No. DS2020-135 regarding STRs, and any updated list prepared since then;

(b) Any policy or proposed or draft enforcement policy or guideline for enforcing Township by-laws against STRs, including the policy referred to by the Mayor at the public meeting relating to the passing of the Zoning By-law amendment to prohibit STRs.

10. From Request 2021-04, dated January 31, 2021:

(a) Unredacted records related to the “STR occurrences” identified in Staff Report No. DS2021-04, Municipal Law Enforcement Occurrence Report, Tables 1 and 2;

(b) The Municipal Law Enforcement Occurrence Reports for the years ending 2019, 2018, 2017, 2016 and all records pertaining to the STR occurrences identified in those reports, if any;

(c) Records of all charges and prosecutions (by both the Township and the Ontario Provincial Police) related to STRs between January 1, 2000 and January 31, 2021;

(d) For the period between January 1, 2016 to January 31, 2021, records of all communications from the Township to STR platforms or services asking the STR platform or service to deal with an STR complaint or to remove a listing, and any replies thereto;

(e) For the period between January 1, 2020 to January 31, 2021, all communications between any homeowners and the Township, including any members of council, pertaining to STRs;

(f) All records identifying the number of STRs operating in the Township in the years 2018-2021, and all records identifying the locations of same;

(g) For the period from 2018 to 2020, all reports from any service provider retained to identify STRs;

(h) For the period between January 1, 1997 and January 31, 2021, all records defining or interpreting or explaining the meaning of the term “commercial accommodation” in Zoning By-law 97-95, including reports to Council prior to or when Zoning By-law 97-95 was enacted;

(i) For the period between January 1, 1997 and January 31, 2021, all records of investigations, charges and prosecutions for breaches of Zoning By-law 97-95 related to any “commercial accommodation” as defined in the Zoning By-law;

(j) For the period between January 1, 2019 and January 31, 2021:

(i) Any records of whether housing supply is a land use planning issue in shoreline areas of the Township;

(ii) Any records of whether housing supply is a land use planning issue in rural areas in the Township;

(iii) Any record of a study or analysis of different land use planning impacts on a neighbourhood for a dwelling occupied by a permanent resident, seasonal resident, monthly renter, weekly renter, weekend/nightly renter;

(iv) Any records as to whether the rental of a residential dwelling unit is a commercial use of land and, if so, what triggers the change from residential use to a commercial use;

(v) Any records of whether STRs are consistent or conform to (or are not consistent and do not conform to) with the PPS, the Growth Plan, County OP and the Township OP;

(k) For the period between January 1, 2020 to January 31, 2021, communications to and from planners (including potential expert witnesses) in connection with the present appeal, including any request for proposal and/or response thereto from any planner; and,

(l) For the period between January 1, 2020 to January 31, 2021, communications between the Township and homeowners related to the present appeal, including any potential interventions.

11. From request dated March 7, 2021:

(a) For the period between January 1, 2020 to March 7, 2021,

(i) All records related to contracts with service providers, contractors, or parties contracted with the Township to provide any information or reports concerning STRs offered in the Township (“Service Providers”);

(ii) Copies of all documents and other records provided or received from Service Providers, including records that provide any information or reports concerning STRs offered in the Township, including their number or location, listings on an STR platform or service, dates STRs commenced or ceased to operate, identities of persons offering STRs in the Township, or Records of any other host compliance service, including STR monitoring, compliance, and enforcement services and complimentary assessments;

(iii) All communications with Service Providers;

(iv) All records containing notations, mark-ups, analysis, or uses of Service Provider records;

(v) Records with information concerning the number or locations of STRs in the Township;

(vi) Compilation or lists of properties in the Township for which there have been complaints.

12. The following documents listed in the letter dated March 4, 2021 from the lawyers for the Appellant to the lawyers for the Township:

(i) all records showing what properties were rented on a STR basis as of the date of Report DS 2018-012, including all copies of search results of the rental platforms and page caches used to support that finding;

(ii) all records showing what properties were rented on a STR basis as of the date of Report DS 2019-020, including all copies of search results of the rental platforms and page caches used to support that finding;

(iii) A list of any STR databases referred to in Staff Report DS 2020-135, as well as any updated lists since then;

(iv) From January 1, 1997 to March 4, 2021, any other documents identifying or estimating the number and location of STRs in the Township;

(v) All complaints received by the Township regarding STRs between January 1, 1997 and March 4, 2021;

(vi) From January 1, 1997 to March 4, 2021, all records of Township enforcement officers of complaints or investigations of complaints related to STRs and the results of those investigations, including whether they were found to be well founded;

(vii) All records dated between January 1, 1997 and March 4, 2021 of any charges laid against any person in the Township related to STRs.

(viii) From January 1, 1997 to March 4, 2021, records of investigations, charges and prosecutions for breach of Zoning By-law 97-95 related to any “commercial accommodation” as defined in the Zoning By-law;

(ix) From January 1, 1997 to March 4, 2021, any other records of enforcement proceedings or litigation by or against the Township related to STRs;

(x) All records dated between January 1, 1997 and March 4, 2021 of all calls or complaints to the OPP related to STRs and copies of all invoices and charges and records of payments to the OPP in respect of any STR complaints;

(xi) All records dated between January 1, 1997 and March 4, 2021 containing policies, guidelines, directives, and/or decisions of the Township or Council (or a member thereof) and/or enforcement officials regarding the enforcement, or the ability to enforce, Township Zoning By-laws against persons engaging in STRs;

(xii) All records dated between January 1, 1997 and March 4, 2021 containing policies, guidelines, directives and/or decisions of the Township or Council (or a member thereof) and/or enforcement officials regarding how Complaints regarding STRs should be handled, including whether or not to enforce existing Zoning By-laws, or whether existing Zoning By-laws could be enforced against a person or person engaging in STRs;

(xiii) All records dated between January 1, 1997 and March 4, 2021 containing policies, guidelines, directives and/or decisions of the Township or Council (or a member thereof) and/or enforcement officials about whether STRs were legally permitted under the Zoning By-law prior to the amendment under appeal;

(xiv) All records containing enforcement guidelines for STRs under the amended Zoning By-law prohibiting STRs;

(xv) All unredacted records related to the “occurrences” referred to in Report DS2021-04, including complaints and records related to the outcomes, as well as individual occurrences and summaries;

(xvi) Any records explaining the lack of recording of STR “occurrences” prior to the 2020 calendar year as indicated in staff report DS 2021-04;

(xvii) Municipal Law Enforcement occurrence reports for the years ending in 2019, 2018, 2017 and 2016;

(xviii) For the period from January 1, 2020 to January 1, 2021, all unredacted communications between homeowners and the Township, including any member of Council, related to STRs;

(xix) For the period from January 1, 2019 to January 31, 2021, any records regarding whether housing supply is a land use planning issue in Shoreline areas of the Township.

(xx) For the period from January 1, 2019 to January 31, 2021, any records regarding whether housing supply is a land use planning issue in rural areas in the Township.

(xxi) For the period from January 1, 2019 to January 31, 2021, any records pertaining to whether the rental of a residential dwelling unit is a commercial use of land and if so, what triggers the change from residential use to a commercial use;

(xxii) For the period between January 1, 1997 and March 4, 2021, any records of whether the Zoning By-law amendment is consistent or conforms (or is not consistent or does not conform) with the PPS, the Growth Plan, County Official Plan and Township Official Plan.

(xxiii) For the period between January 1, 1997 to January 31, 2021, all records defining or interpreting or explaining the meaning of the term “commercial accommodations” in zoning By-law 97-95, including reports to Council prior to or when zoning By-law 97-95 was enacted;

(xxiv) For the period from January 1, 2019 to January 31, 2021, any records of studies or analyses of different land use planning impacts on a neighbourhood for a dwelling occupied by a permanent resident, seasonal resident, monthly renter, weekly renter, weekend/nightly renter.

(xx5) For the period from January 1, 1997 to March 4, 2021, all records showing the expenses, costs, and expected revenues associated with the regulation of STRs;

(xxvi) All communications between the Township and Host Compliance/Granicus not already produced;

(xxvii) All reports from any other service providers retained to identify STRs operating in the Township;

(xxviii) For the period between January 1, 1997 to March 4, 2021, all records prepared or compiled by the Township concerning what other municipalities were or are considering related to STRs;

(xxix) For the period from January 1, 2016 to January 31, 2021, all communications from the Township to STR platforms or services to deal with STR complaints, including requests to remove a listing, and replies thereto;

(xxx) To the extent not already answered by the Appellant’s previous requests, records created between January 1, 1997 and March 4, 2021 disclosing the following, whether compiled from MPAC coding or otherwise:

(A) The total number of dwelling units in Oro-Medonte.

(B) The number of residential rental units in Oro-Medonte;

(C) The number of summer recreation focused residential rental units in Oro-Medonte;

(D) The number of winter recreation focused residential rental units in Oro-Medonte;

(E) The number of combined summer and winter focused residential rental units in Oro- Medonte

(F) The number of each of the above-noted unit types that are rented out without the presence of the owner;

(G) The number of each of the above-noted unit types that are rented out with the presence of the owner/ as an adjunct to the owner’s personal use;

(H) The number of each of the above-noted unit types that are rented out for one month or less at a time;

(I) The number of each of the above-noted unit types that are rented out for one week or less at a time;

(J) The number of each of the above-noted unit types that are rented out for one weekend or less at a time;

(K) The number of each of the above-noted unit types that are rented out for one night at a time;

(L) The location of each of the above-noted rental unit types;

(M) The number of complaints received by the Township pertaining to each of the above-noted rental types;

(N) The number of orders issued by the Township pertaining to STRs and the dates of those orders;

(O) The number of charges laid by the Township pertaining to STRs and the dates of those orders.