Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 14, 2022
CASE NO(S).: OLT-21-001716
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Langmaid's Island Corp.
Appellant: Mitchell Fasken
Subject: Zoning By-law
Description: Community Planning Permit 2021-111
Reference Number: By-Law 2021-111
Property Address: (Township of Lake of Bays)
Municipality/UT: Lake of Bays/
OLT Case No: OLT-21-001716
OLT Lead Case No: OLT-21-001716
OLT Case Name: Fasken v. Lake of Bays (Township)
Heard: May 30, 2022 via Video Hearing
APPEARANCES:
Parties
Counsel*/Representative
Township of Lake of Bays
J. Ewart
Langmaid’s Island Corporation
M. Flowers
Mitchell Fasken
Self-Representative
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON MAY 31, 2022 AND THE ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Case Management Conference (“CMC”) for the appeals by Langmaid’s Island Corporation (“Langmaid’s”) and Mitchell Fasken of a community zoning by-law passed by the Council of Lake of Bays (“Township”).
2The Affidavit of Service, confirming that proper Notice of the CMC was given, was marked as Exhibit 1.
3Mr. Flowers, counsel for Langmaid’s, informed the Tribunal that his client has filed their appeal as a precaution that may not be necessary depending on the Tribunal’s Decision of the PL180898 Phase 1 hearing.
4Mr. Ewart, counsel for the Township, requested with concurrence of the other Parties that a future CMC be set once the Phase 1 Decision has been issued. The Tribunal was informed that the Parties have been in discussion but are not prepared to present a draft Procedural Order (“DPO”) or review an Issues List at this time.
5Mr. Fasken concurred with the request for a second CMC and informed the Tribunal that he has reached out to the other Parties to discuss mediation in the meantime.
6Should it be needed, the Tribunal granted the request for a second CMC to be held within 90 days of the issuance of the PL180898 Phase 1 hearing Decision. The Parties are instructed to be prepared to present a DPO and Issues List at the next CMC.
7As no date for the next CMC has been set, the Parties will need to issue a further Notice for the next CMC, when so instructed by the Tribunal’s Case Coordinator.
ORDER
8THE TRIBUNAL ORDERS that a second CMC is to be convened by the Tribunal within 90 days of the issuance of PL180898 Phase 1 hearing Decision.
9Further Notice of the next hearing event will be required.
10The Member is not seized of this matter.
”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.