Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 15, 2023
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 Paigton House Road (Resort Village of Minett)
Municipality/UT: Muskoka Lakes/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 Paigton House Road (Resort Village of Minett)
Municipality/UT: Muskoka Lakes/Muskoka
OLT Case No: OLT-22-004334
OLT Lead Case No: OLT-22-004333
Heard: February 27, 2023, by video hearing
APPEARANCES:
Parties
Counsel/Representative*
225311 Ontario Inc. and Leo Longo TRGKFH (Lakeside) Inc. ("Appellants")
Leo Longo
Township of Muskoka Lakes ("Township")
Edward Veldboom
2084311 Ontario Limited
Zachary Fleisher, David Bronskill (in absentia)
Friends of Muskoka
Ken Pearce*
DECISION DELIVERED BY W. DANIEL BEST AND D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference ("CMC") pursuant to s. 17(24) of the Planning Act on appeals by 225311 Ontario Inc. and TRGKFH (Lakeside) Inc. The Appeals involve Official Plan Amendment ("OPA") 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.
MEDIATION
3The Parties indicated they were receptive to seeking Tribunal-led or private mediation. The Tribunal noted that Tribunal-led mediation information can be obtained through the Case Coordinator. The Parties further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts which the Tribunal finds satisfactory.
NEXT STEPS
4The Township circulated a draft Procedural Order ("PO") which was presented to the Tribunal. The Tribunal requested that a revised draft PO be submitted, on consent, to ensure that the Issues of all Parties are included and that the appropriate dates for exchange of documents and meetings of expert witness are reflected. Mr. Longo was directed to submit the draft PO before Friday, March 10, 2023, to the Case Coordinator.
5Having received the benefit of the submitted revised draft PO from Mr. Longo prior to the issuance of this Decision and having examined the scoped Issues List attached to the PO, the Panel deems the PO to be in force and effect to govern the proceedings at the hearing of the merits scheduled below. Any changes to the Procedural Order will require the approval of the Tribunal.
6Based on the discussions during the CMC regarding the issues and the expected number of witnesses each Party will rely on, the panel determined that it would be reasonable to schedule the hearing for seven (7) days.
7A hearing of the merits is scheduled to commence at 10 a.m. on Wednesday, November 29, 2023, by video hearing.
8Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
9Parties and Participants are asked to set up the video hearing 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 at: https://app.gotomeeting.com/home.html.
10Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The Access Code is indicated as above.
11Individuals 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
12The Tribunal Orders its directions and rulings as set out above.
13The Procedural Order appended to this decision is approved and in force and effect.
14There will be no further notice.
15This Panel is not seized but remains available through the Case Coordinator should the need arise.
"W. Daniel Best"
W. DANIEL BEST
MEMBER
"D. Chipman"
D. CHIPMAN
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.