Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 07, 2023
CASE NO(S).:
OLT-22-002091
(Formerly PL210217)
OLT-22-002100
(Formerly PL130063)
OLT-22-002115
(Formerly PL151086)
OLT-22-002147
(Formerly PL160076)
OLT-22-002084
(Formerly PL171407)
OLT-22-002079
(Formerly PL171408)
OLT-22-002076
(Formerly PL171409)
OLT-22-002171
(Formerly PL171515)
OLT-22-002085
(Formerly 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.:
OLT-22-002091
Legacy Case No.:
PL120217
OLT Lead Case No.:
OLT-22-002091
Legacy Lead Case 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:
J. Stollar Construction Limited
Subject:
Proposed Official Plan Amendment No. 35
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002100
Legacy Case No.:
PL130063
OLT Lead Case No.:
OLT-22-002100
Legacy Lead Case No.:
PL130063
OLT Case Name:
J. Stollar Construction Ltd v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
J. Stollar Construction Limited
Subject:
By-law No. D06-18-103
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002108
Legacy Case No.:
PL130064
OLT Lead Case No.:
OLT-22-002100
Legacy Lead Case No.:
PL130063
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:
Official Plan Amendment No. 15
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002115
Legacy Case No.:
PL151086
OLT Lead Case No.:
OLT-22-002115
Legacy Lead Case 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-22-002147
Legacy Case No.:
PL160076
OLT Lead Case No.:
OLT-22-002147
Legacy Lead Case 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-22-002084
Legacy Case No.:
PL171407
OLT Lead Case No.:
OLT-22-002084
Legacy Lead Case 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-22-002079
Legacy Case No.:
PL171408
OLT Lead Case No.:
OLT-22-002079
Legacy Lead Case 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-22-002076
Legacy Case No.:
PL171409
OLT Lead Case No.:
OLT-22-002076
Legacy Lead Case No.:
PL171409
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments, Medlaw Corporation and Mason Burch
Subject:
Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment
Existing Designation:
Urban, Highway Commercial and Agricultural
Proposed Designation:
Urban
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Approval Authority File No.:
D01-16-156
OLT Case No.:
OLT-22-002171
Legacy Case No.:
PL171515
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
OLT Case Name:
Comhold Investments v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments et al
Subject:
Application to amend Zoning By-law No. 6-87 and 16-78 - Refusal or neglect of the City of Kawartha Lakes to make a decision
Existing Zoning:
General Rural (A1), Highway Commercial (C2), Community Facility (CF) and Urban Residential Type One (R1) Zone
Proposed Zoning:
Site Specific (TBD)
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Municipality File No.:
D06-35-074
OLT Case No.:
OLT-22-003781
Legacy Case No.:
PL171516
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments et al
Subject:
Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Municipality File No.:
D05-35-019
OLT Case No.:
OLT-22-003782
Legacy Case No.:
PL180414
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment
Existing Designation:
Highway Commercial, Tourist Commercial and Environmental Protection
Proposed Designation:
Highway Commercial, Mixed Use Gateway, Prestige Industrial and Parks and Open Space
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Approval Authority File No.:
D01-17-005
OLT Case No.:
OLT-22-002085
Legacy Case No.:
PL180303
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
OLT Case Name:
Bromont Homes Inc. v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Application to amend Zoning By-law No. 93-90 - Refusal or neglect of the City of Kawartha Lakes to make a decision
Existing Zoning:
Agricultural (A), Highway Commercial (CH) and Open Space Exception Three (OS-3) Zones
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Municipality File No.:
D06-17-020
OLT Case No.:
OLT-22-002088
Legacy Case No.:
PL180304
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Municipality File No.:
D05-17-002
OLT Case No.:
OLT-22-002090
Legacy Case No.:
PL180305
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
Heard:
August 8, 2023 via Video Hearing
APPEARANCES:
Parties
Counsel
City of Kawartha Lakes
Denitza Koev
Bromont Homes Inc.
Ian Andres
J. Stollar Construction Limited
Denise Baker (in absentia)
Raj Kehar
Flato Lindsay Community Inc.
Katarzyna Silwa (in absentia)
Jessica Jakubowski
Comhold Investments Limited
Tom Halinski (in absentia)
David Neligan
MEMORANDUM OF ORAL DECISION DELIVERED BY n. eisazadeh and steven cooke ON august 8, 2023 AND ORDER OF THE TRIBUNAL
1This Decision arises from the latest Case Management Conference (“CMC”) conducted in this multi-phased Hearing of various appeals of the City of Kawartha Lakes (“City”) 2012 Official Plan (“CKLOP”) and its Secondary Plans (“SP”).
2Counsel for the City, Denitza Koev, advised that the three applications for non-decisions respecting lands in south-east Lindsay, brought by the Appellant, Bromont Homes Inc., had previously been consolidated with the Lindsay SP appeals under Phase 4 (as reflected in the Title of Proceedings). As confirmed by Ian Andres, Counsel for Bromont Homes Inc., those applications have been formally withdrawn. Coupled with the issuance of the Decision of this Tribunal dated July 17, 2023, approving settlement of the balance of issues tabled for that Hearing, and subject to the Town of Lindsay’s Official Plan being formally repealed, the entirety of Phase 4 has come to an end.
3The objective of this CMC is to obtain a status update from the Parties respecting the remaining phases of appeals, being Phase 5 through Phase 8, dealing with the remaining SP appeals under the following Official Plan Amendments (“OPA”):
i. PHASE 5: OPA 14 (“Bobcaygeon SP”)
ii. PHASE 6: OPA 15 (“Fenelon Falls SP”)1;
iii. PHASE 7: OPA 17 (“Omemee SP”); and,
iv. PHASE 8: OPA 18 (“Woodville SP”).
4In respect of the Phase 6 Hearing, the Tribunal received correspondence from Denise Baker, Counsel for the sole Appellant, J. Stollar Construction Limited, confirming that it has withdrawn its appeal of the Fenelon Falls SP. Accordingly, the Tribunal closed its file respecting that appeal, which comprised the entirety of the Phase 6 Hearing. Ms. Koev advised that since the Tribunal file was closed, TOR Construction Limited and James Webster, who had previously indicated interest as Participants of the Phase 6 Hearing, were not in attendance at the present CMC.
5To summarize, as advised by Ms. Koev, the remaining phases of appeals, and the Parties thereto, are as follows:
PHASE
SUBJECT MATTER
PARTIES
Phase 5
OPA 14 or Bobcaygeon SP
City of Kawartha Lakes
J. Stollar Construction Limited
Catherine Gravely
MMAH
William Westcott
Comhold Investments Ltd.
Phase 7
OPA 17 or Omemee SP
City of Kawartha Lakes
J. Stollar Construction Limited
Catherine Gravely
MMAH
Andrew Murdoch
Phase 8
OPA 18 or Woodville SP
City of Kawartha Lakes
J. Stollar Construction Limited
Catherine Gravely
6Further, Ms. Koev provided the following update:
i. Phase 5: The Appellant, Comhold Investments Ltd. has appeals for non-decisions on three additional private applications respecting lands in south-east Bobcaygeon, which have been consolidated with OPA 14 and will form part of this phase of hearing.
ii. Phase 7: While Mr. Murdoch is listed as a non-appellant Party by Order of this Tribunal dated May 18, 2018, the City has not received a response from Mr. Murdoch in respect of these proceeding and is unaware of his intention for continued participation. Ms. Koev undertook to make further efforts to connect with Mr. Murdoch in this regard.
iii. Phase 8: J. Stollar Construction Limited is the sole remaining Appellant in this phase of hearing. Additionally, and as part of the resolution of the CKLOP in Phases 1 and 2, which redesignated this settlement area as a Hamlet, the City is currently seeking instructions on the appeal of an amending Zoning By-law, which may result in resolution of this phase of hearing.
7The remaining agenda items addressed at the present CMC concerned a Procedural Order (“PO”) and Issues List (“IL”) for the next phases of hearing, as well as a request for productions from J. Stollar Construction Limited.
8Raj Kehar, Co-counsel for J. Stollar Construction Limited, requested delivery of an updated version of the revised parent CKLOP, as well as the revised versions of the Lindsay SP in consolidated form, which he submitted would be helpful in resolving or scoping and adjudicating the issues in the remaining appeals (“Productions Request”). Ms. Koev had no objection to the Productions Request and agreed to produce the requested documents in advance of the exchange of witness lists and statements for Phase 5, of which a timetable has yet to be agreed upon.
9To that end, Ms. Koev requested Tribunal direction that the Parties work collaboratively and cooperatively in preparing a final PO, inclusive of an IL, for the Phase 5 Hearing. The Parties are agreed that a meeting among the experts would be beneficial before filing a finalized PO. Additionally, the Parties are agreed that the nature of the expert meetings is to be held confidentially, without prejudice, and independently, without interference from the Parties, just as those meetings proceeded in Phases 1 and 2 of the appeals.
10To allow the necessary time for meetings of the experts, with the intention that such meetings will assist in resolving, narrowing and/or scoping the issues, the Tribunal directs that a finalized PO, inclusive of an IL, for the Phase 5 Hearing is to be filed on or before Thursday, October 5, 2023. Further, the Tribunal directs that the Parties work together to agree upon, and include in the PO, a timetable which addresses a deadline for the Production Request.
11The Tribunal directs a further CMC to be convened on Thursday, October 12, 2023, commencing at 10:00 a.m. by video. The purpose of the further CMC is to set the Phase 5 Hearing dates, to address any outstanding issues or preliminary matters that may arise in that phase of hearing, and to receive a further update on Phase 7 and Phase 8. If necessary, a further CMC may be scheduled to deal with the timetable and scheduling of those last two remaining Phases.
12Parties 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:
GoTo Meeting: https://meet.goto.com/996288525
Access Code: 996-288-525
13Parties 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
14Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is the same as the access code noted above.
15Individuals 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.
16There will be no further notice.
17So Orders the Tribunal.
“N. Eisazadeh”
N. eisazadeh
MEMBER
“Steven Cooke”
steven cooke
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.