Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
February 07, 2023
CASE NO(S).:
OLT-22-004481
PROCEEDING COMMENCED UNDER section 51(43) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
OBD Developments Inc., OBM Marina Inc., OBG Golf Inc.
Subject:
Description:
Conditions of approval of draft plan of subdivision
Revisions to Draft Plan re: approval extensions, secondary access road and phasing/correcting unit counts
Reference Number:
S2005-7
Property Address:
Oak Bay Golf Marina Community
Municipality/UT:
Georgian Bay/Muskoka
OLT Case No:
OLT-22-004481
OLT Lead Case No:
OLT-22-004481
OLT Case Name:
OBD Developments Inc. et al v. Georgian Bay (Twp.)
PROCEEDING COMMENCED UNDER section 51(43) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Description:
Conditions of approval of draft plan of subdivision
Revisions to Draft Plan re: approval extensions, secondary access road and phasing/correcting unit counts
Reference Number:
S2005-10
Property Address:
Oak Bay Golf Marina Community
Municipality/UT:
Georgian Bay/Muskoka
OLT Case No:
OLT-22-004482
OLT Lead Case No:
OLT-22-004481
Heard:
January 31, 2023 by video hearing
APPEARANCES:
Parties
Counsel
OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc.
L. Longo and G. Borean
Township of Georgian Bay
C. Leger
District of Muskoka
J. Clow
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JANUARY 31, 2023 AND ORDER OF THE TRIBUNAL
1On January 31, 2023, the Tribunal held a Case Management Conference (“CMC”) for the appeals brought by OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (“Appellants”) regarding draft Plan of Subdivision approval conditions approved by the District of Muskoka (“District”) relating to the Oak Bay Golf Marina Community located near Port Severn in the Township of Georgian Bay (“Township”).
2At the CMC, the Tribunal addressed the identification of Parties, the identification of issues, opportunities for settlement discussions, and the scheduling of a further CMC.
3The Township and the District each formally requested Party status. The Appellants did not oppose these requests. The Tribunal found that there are reasonable grounds for adding the Township and the District as Parties and granted each of them Party status as requested. There were no other requests for status at the CMC.
4The Appellants stated that they have had preliminary discussions with the other Parties regarding the issues. The Parties requested that a second CMC be held in early March 2023 to allow time for further discussions and to narrow the issues. The Tribunal requested that the Parties file a draft Procedural Order and Issues List with the Tribunal prior to the next CMC. The Tribunal directed that the Issues List concisely set out the issues and identify the laws and policies that apply to each.
5The Parties stated that they are amenable to holding settlement discussions and possibly Tribunal-assisted mediation. The District stated that it will be seeking instructions regarding the possibly of mediation. The Tribunal encouraged the Parties to promptly engage in settlement discussions and, if possible, mediation in an effort to narrow or resolve the issues.
6The Tribunal directed that a further CMC shall be held by video hearing on Wednesday, March 8, 2023, commencing at 10 a.m., at which a draft Procedural Order and Issues List will be finalized and hearing dates may be set.
https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
7Parties 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
8Persons 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: (Toll-Free) 1-888-299-1889 or +1(647) 497-9373. The access code is 979-388-733.
9Individuals 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.
10The Tribunal requests that the Parties file a draft Procedural Order and Issues List with the Tribunal by Monday, March 6, 2023.
ORDER
11The Tribunal orders that the Township and the District are Parties in these proceedings.
12This Member is not seized.
13There will be no further notice.
“Hugh S. Wilkins”
HUGH S. WIlKINS
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.