Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 18, 2022
CASE NO(S).: OLT-22-002091 (Formerly PL120217 et al)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Bromont Homes Inc. Appellant: Kerry L.W. Doughty Appellant: Ferma Aggregates Inc. Appellant: Jennifer Graham; and others Subject: Official Plan Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL120217 OLT File No.: OLT-22-002091 Legacy File No.: PL120217 OLT Case Name: Graham v. Ontario (Municipal Affairs and Housing)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Catherine Gravely Appellant: J.Stollar Construction Limited Appellant: Ministry of Municipal Affairs and Housing Subject: Proposed Official Plan Amendment No. 15 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL151086 OLT File No.: OLT-22-002091 Legacy File No.: PL151086 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Catherine Gravely Appellant: J.Stollar Construction Limited Appellant: Ministry of Municipal Affairs and Housing Subject: Proposed Official Plan Amendment No. 15 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL151086 OLT File No.: OLT-22-002091 Legacy File No.: PL151086 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Catherine Gravely Appellant: J. Stollar Construction Limited Appellant: Ministry of Municipal Affairs and Housing Subject: Proposed Official Plan Amendment No. 17 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL160076 OLT File No.: OLT-22-002091 Legacy File No.: PL160076 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2358493 Ontario Inc Appellant: BARMMAR Investments Ltd. & BMMB Investments Ltd. Appellant: Bromont Homes Inc. Appellant: Comhold Investments Ltd.; and others Subject: Proposed Official Plan Amendment No. OPA 13 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL171407 OLT File No.: OLT-22-002091 Legacy File No.: PL171407 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Comhold Investments Ltd. Appellant: Catherine Gravely Appellant: J. Stollar Construction Limited Appellant: William Westcott Subject: Proposed Official Plan Amendment No. OPA 14 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL171408 OLT File No.: OLT-22-002091 Legacy File No.: PL171408 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2358493 Ontario Inc Appellant: BARMMAR Investments Ltd. & BMMB Investments Ltd. Appellant: Bromont Homes Inc. Appellant: Catherine Gravely; and others Subject: Proposed Official Plan Amendment No. 16 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL171409 OLT File No.: OLT-22-002091 Legacy File No.: PL171409 OLT Case Name: Gravely v. Kawartha Lakes (City)
Heard: February 4, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Kawartha Lakes | Denitza Koev |
| Bromont Homes Inc. | Ian Andres |
| J. Stollar Construction Ltd. William Westcott |
Denise Baker |
| Flato Lindsay Community Inc. | Tom Halinski |
| Comhold Investments Ltd., Medlaw Corporation and Mason Burch (collectively Comhold) |
Tom Halinski |
| Fenelon Trails Inc. and 2185373 Ontario Inc. |
Richard Taylor |
| Black Bear Estate Inc. | James Webster |
| Lindsay 2017 Developments Inc. | Paul DeMelo |
| Tribute (Lindsay 1) Tribute (Lindsay 2) |
C. Barnet |
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL AND STEVEN COOKE ON FEBRUARY 4, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal is a Case Management Conference (“CMC”) regarding a number of appeals related to the adoption of the City of Kawartha Lakes 2012 Official Plan (“CKLOP”) referred to as: Official Plan Amendment (“OPA”) No. 13, OPA No. 14 , OPA No.15, OPA No.16 ,OPA No.17 and OPA No.18 .
2Ms. Koev updated the Tribunal that there are a number of moving parts at the moment, with the recent issuance of Order 2 from the Tribunal and the issuance of a Minister’s Zoning Order all within the last week and the City plans to bring forward a partial approval motion at the beginning of the upcoming Hearing on Tuesday, February 22, 2022. The Tribunal was informed that productive discussions between the Parties have been taking place with a number of issues being resolved.
3The Tribunal was also informed by Ms. Koev that issues brought forward by Catherine Gravely have been resolved and that her Counsel, Mr. Kemerer, sends his regrets that he would not be attending the CMC.
4The Tribunal was informed that a draft Hearing Plan has been circulated to the Parties, and this Plan may be revised subject to ongoing settlement discussions. The Parties asked the Tribunal to give direction that the final Hearing Plan be filed with the Case Co-Ordinator by no later than February 9, 2022.
5The Tribunal informed the Parties that at the upcoming Hearing, the Tribunal would not be sitting on Monday, February 28, 2022 but has extended the scheduled hearing by one day adding Friday, March 4, 2022 to the Tribunal’s calendar.
6The Tribunal also received a request to convert one of the second phase hearing dates to a CMC on Thursday, March 31, 2022 in advance of the scheduled Monday, June 6, 2022 Hearing to further refine any outstanding matters.
ORDER
7The Tribunal Orders that a final hearing plan be filed with the Case Co-Ordinator on or before Wednesday, February 9, 2022.
8The Tribunal Orders that the next Case Management Conference is scheduled to proceed by video hearing on Thursday, March 31, 2022 at 10 a.m. The Tribunal has directed that the Parties will use the same GoTo Meeting link that is currently scheduled for the second phase hearing of that week.
9The hearings are scheduled to proceed by video as follows:
Tuesday, February 22, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/973832213 Access code: 973-832-213 Audio-only telephone line: (647) 497-9391 or Toll Free 1-888-455-1389 Audio-only access code: 973-832-213
Thursday, March 31, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/470967837 Access code: 470-967-837 Audio-only line: (647) 497-9391 or Toll Free 1-888-455-1389 Audio-only access code: 470-967-837
Monday, June 6, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/954002349 Access code: 954-002-349 Audio-only line: (647) 497-9391 or Toll Free 1-888-455-1389 Audio-only access code: 954-002-349
10Parties 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.
11Parties 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
12Persons 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.
13Individuals 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.
“T. Prevedel”
T. PREVEDEL MEMBER
“Steven Cooke”
STEVEN COOKE VICE-CHAIR
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.