Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 08, 2022
CASE NO(S).: OLT-22-004333
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 225311 Ontario Inc.
Appellant: TRG-KFH (Lakeside) Inc.
Subject: Proposed Official Plan Amendment
Description: to adopt OPA 49 - Resort Village of Minett
Reference Number: Official Plan Amendment 49
Property Address: 1050 Paignton House Road (Resort Village of Minett)
Upper Tier Municipality: District of Muskoka
OLT Case No: OLT-22-004333
OLT Lead Case No: OLT-22-004333
OLT Case Name: TRG-KFH (Lakeside) Inc. v. District Municipality of Muskoka
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Proposed Official Plan Amendment
Description: to adopt OPA 56 - Resort Village of Minett
Reference Number: Official Plan Amendment 56
Property Address: 1050 Paignton House Road (Resort Village of Minett)
Lower Tier Municipality: Township of Muskoka Lakes
OLT Case No: OLT-22-004334
OLT Lead Case No: OLT-22-004333
Heard: December 5, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 225311 Ontario Inc. and TRGKFH (Lakeside) Inc. (“Appellants”) | Leo Longo |
| Township of Muskoka Lakes | Edward Veldboom |
| District of Muskoka | Jamie Clow |
| 2084311 Ontario Limited | David Bronskill |
| Friends of Muskoka | Ken Pearce* |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON DECEMBER 5, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting s. 17(24) appeals by 225311 Ontario Inc. and TRGKFH (Lakeside) Inc. The Appeals involve Official Plan Amendment No. 49 of the District of Muskoka, and Official Plan Amendment No. 56 of the Township of Muskoka Lakes, both of which involve policies associated with the Resort Village of Minett (OPA 49 and OPA 56 are hereafter referred as the “OPAs”).
2The Appellants contend that the OPAs are inconsistent with the Provincial Policy Statement 2020, fail to conform with local Plan policies, do not represent good planning, and will frustrate appropriate development of the subject lands.
Service of Notice of CMC
3There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
4On consent of the parties, the Tribunal granted Party status to the following:
2084311 Ontario Limited
Friends of Muskoka
52084311 Ontario Limited confirmed that it owns approximately 1200 acres of land within the boundaries associated with the OPAs. The company also confirmed that it submitted oral and written submissions to council associated with the passing of the OPAs. The Tribunal finds that the company has a genuine interest in the outcome of these appeals, and it will likely assist the Tribunal in the effective and complete resolution of the matter. Consequently, the Tribunal finds that the company meets the statutory threshold to be granted Party status.
6Friends of Muskoka confirmed that it is an incorporated residents’ association of the area. Similar to the above noted company, the association confirmed that it submitted oral and written submissions to council associated with the OPAs. The Tribunal likewise finds that the association also has a genuine interest in the outcome of these appeals, and it will likely assist the Tribunal in the effective and complete resolution of the matter. Consequently, the Tribunal finds that Friends of Muskoka meets the statutory threshold to be granted Party status.
MEDIATION AND SETTLEMENT
7The Tribunal explored the possibility of mediation and settlement with the parties. The parties all expressed openness to resolution discussions and/or Tribunal-led mediation. They further confirmed that they will keep the Tribunal appraised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
8The parties submitted that it was premature to draft a Procedural Order and Issues List prior to confirming the parties to be involved in the proceedings. With this now established, the Tribunal finds it prudent to give the parties some time to work this out and schedule a second CMC to receive a draft Procedural Order and Issues List. The Tribunal made it clear to the parties that a draft Procedural Order and Issues List must be filed with the Tribunal before the next CMC.
SECOND CMC
9Upon request of the parties, the Tribunal set a second CMC hearing commencing on Monday, February 27, 2023 at 10 a.m. by VH. No further Notice is required.
10The hearing is scheduled to proceed by video as follows:
Monday, February 27, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589 Audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-455-1389 Audio-only access code: 692-665-589
11Parties 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.
12Parties and participants are asked to access and set up the 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
13Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
14Individuals 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.
ORDER
15The Tribunal Orders that:
a. The date and particulars of the second CMC are set out above; and
b. 2084311 Ontario Limited and Friends of Muskoka are granted Party status.
16The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.