Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 07, 2022
CASE NO(S).:
PL120217
PL130063
PL151086
PL160076
PL171407
PL171408
PL171409
PL171515
PL180303
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.:
PL120217
OLT 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.:
PL151086
OLT 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.:
PL151086
OLT 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.:
PL160076
OLT 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.:
PL171407
OLT 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.:
PL171408
OLT 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.:
PL171409
OLT File No.:
PL171409
OLT Case Name:
Gravely v. Kawartha Lakes (City)
Heard:
December 16, 2021 by video hearing
APPEARANCES:
Parties
Counsel
City of Kawartha Lakes
Denitza Koev Stephen D’Agostino (in absentia)
Bromont Homes Inc.
Ian Andres Rob Howe
Catherine Gravely
Marc Kemerer (in absentia)
J. Stollar Construction Ltd. William Westcott
Denise Baker (in absentia) Raj Kehar
Flato Lindsay Community Inc.
Katarzyna Sliwa Aaron Kurts (in absentia) Tom Halinski (Co-Counsel) Diana Betlej
Comhold Investments Ltd., Medlaw Corporation and Mason Burch (collectively Comhold)
Tom Halinski
Fenelon Trails Inc. and 2185373 Ontario Inc.
Richard Taylor
Black Bear Estates Inc.
James Webster
BARMMAR Investments Ltd. BMMB Investments Ltd.
Matthew Rutledge (in absentia)
Lindsay 2017 Developments Inc.
Paul DeMelo
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL AND STEVEN COOKE ON DECEMBER 16, 2021 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 .
2The Tribunal was advised by Ms. Koev that a disposition letter from Vice-Chair Bishop and Vice-Chair Vincent had been received on December 16, 2021. She stated that the letter indicated that an Order will issue in the New Year that will finally resolve the matter of CKLOP Schedule A-3 and requested an adjournment. A concern was raised with respect to procedural fairness by Mr. Andres on behalf of Bromont, who indicated that not all Parties had been issued a copy of the disposition letter nor asked to comment by the Tribunal prior to its release.
3The panel Members were not aware of this disposition letter or subsequent request for an adjournment in advance of the hearing event and continued to proceed with the CMC.
TRIBUTE (Lindsay 1) AND (Lindsay 2)
4At the previous CMC, Mr. Barnett advised the Tribunal that, in discussion with the other Parties, there seemed to be no concern with the Tribute (Lindsay 1 and Lindsay 2) lands being within the Lindsay urban settlement boundary.
5In response to this, the Parties requested time to seek formal direction from their respective clients.
6Parties expressed no concerns to Tribute (Lindsay 1) and (Lindsay 2) lands remaining within the Lindsay urban boundary, as per Mr. Barnett’s previous request.
AGREED STATEMENT OF FACTS
7The deadline for the Agreed Statement of Facts was set for December 17, 2021. Mr. Kehar representing Stoller and Wescott requested an extension to December 23, 2021.
8Ms. Koev expressed a concern regarding two outstanding issues between the City and Catherine Gravely related to the above extension. She agreed to the deadline extension on condition that she could bring a motion in writing if these two issues can not be resolved.
FUTURE CMC
9The Parties requested that a final CMC be scheduled later in January once the contents of the final Order are known, and at that time a Hearing Plan for the upcoming Hearing would be finalized.
10A CMC is scheduled to proceed by video hearing on Friday, January 28, 2022 at 10 a.m.
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:
https://global.gotomeeting.com/join/151261893
Access code: 151-261-893
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: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is151-261-893.
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.
15The panel is not seized and may assist with case management, schedules permitting.
16No further notice is required.
17So Orders the Tribunal.
“T. Prevedel”
T. PREVEDEL
MEMBER
“Steven Cooke”
Steven cooke
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.