Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 5, 2023 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 25, 2023 by Video Hearing (“VH”)

APPEARANCES:

Parties	Counsel
Township of Lake of Bays	John Ewart
Langmaid’s Island Corporation	Andy Margaritis Mark Flowers (in absentia)
Mitchell Fasken	Self-Represented*

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON MAY 25, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision relates to appeals brought by Langmaid’s Island Corporation (“Langmaid’s”) and Mitchell Fasken pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended relating to Community Planning Permit By-law 2021-111 (“CPPBL”) passed by the Council of the Township of Lake of Bays (“Township”).

2The CPPBL applies to all land use designations within the Township as determined by the Township Official Plan and regulates the use and development of lands. Langmaid’s and Mr. Fasken own lands within the Township and as such, the CPPBL impacts their lands.

3On May 30, 2022 the Tribunal held its first Case Management Conference (“CMC”) relating to these proceedings. At that time, the Parties were awaiting a decision on a related Tribunal decision and requested that a future CMC be scheduled, if required, once that decision was issued. On February 6, 2023 Counsel for Langmaid’s contacted the Tribunal and requested that a second CMC be scheduled.

4On May 25, 2023 the Tribunal held its second CMC at which it addressed procedural issues, received updates from the Parties and scheduled a further CMC.

PROCEDURAL MATTERS

5The Tribunal confirmed with the Parties that there were no issues with Service of Notice for the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Janice Haig dated April 28, 2023, which was marked as Exhibit 1.

STATUS UPDATE

6Mr. Ewart, Counsel for the Township, and Mr. Margaritis, Counsel for Langmaid’s, jointly advised the Tribunal that they are currently engaged in productive discussions and anticipate resolving Langmaid’s appeal. Their respective Planners require additional time to conclude matters relating to Langmaid’s appeal, which it was noted was site-specific. They jointly requested that the Tribunal schedule a further CMC at which the Tribunal would be presented with a settlement, or a Procedural Order (“PO”) and Issues List (“IL”) if a settlement was not reached.

7Mr. Margaritis noted that in the event all of Langmaid’s issues cannot be resolved through ongoing discussions, they would outline any outstanding issues in an IL that would be presented at the further CMC.

8One day prior to the CMC, Mr. Fasken submitted a letter to the Parties and the Tribunal requesting Tribunal-led mediation. Mr. Ewart advised the Tribunal that the grounds of appeal raised by Mr. Fasken were very broad and were not amenable to Tribunal-led mediation. He noted that the Township is open to informal mediation and engaging in discussions with Mr. Fasken in an attempt to resolve some or all of his concerns. Mr. Ewart requested that the Tribunal schedule a Hearing for Mr. Fasken’s appeal and noted that the PO and IL could be presented at the further CMC that was being requested.

9Mr. Fasken advised the Tribunal that he initially requested Tribunal-led mediation over one year ago and did not receive a response from the Township. He submitted that mediation would assist in settling a number of his issues and he hoped to have discussions with the Township regarding his grounds of appeal. Mr. Fasken advised the Tribunal that he had retained Jennifer Meader to assist him with his appeal going forward and the Tribunal advised that Ms. Meader would be added to the Tribunal’s circulation list.

10Mr. Ewart responded to Mr. Fasken noting that he had discussions with Mr. Fasken in April, 2023 and determined that his issues were too broad for Tribunal-led mediation. However, informal mediation could be explored providing it did not delay the proceedings. Mr. Ewart advised that Mr. Fasken could contact him to engage in any discussions.

11It is incumbent on Parties to attend a CMC prepared to discuss a draft PO and IL when the Parties are known. In this case, the Parties have been known since the first CMC was held in May, 2022. In the absence of a PO and IL, the Tribunal found that it would be premature to set Hearing dates for Mr. Fasken’s appeal.

12The Tribunal encouraged the Parties to continue discussions in an attempt to scope and/or settle all outstanding issues of both Langmaid’s and Mr. Fasken.

NEXT STEPS AND REQUIRED SUBMISSIONS

13As requested, the Tribunal scheduled a third CMC by VH on Wednesday July 26, 2023 commencing at 10 a.m.

14Parties 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://global.gotomeeting.com/join/638422541

Access code: 638-422-541

15Parties 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

16Persons 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: 638-422-541.

17Individuals 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.

18Mr. Ewart and Mr. Margaritis advised that the Tribunal will be presented with a settlement at the third CMC if discussions between Langmaid’s and the Township are successful. With respect to Mr. Fasken’s appeal, in the event his discussions with the Township are also successful, a settlement of his appeal will also be presented at the third CMC. Otherwise, the Tribunal directed that a draft PO and IL be provided in advance of the third CMC

19The Tribunal stressed the importance of ensuring that the third CMC is productive. On or before Wednesday, July 19, 2023, Mr. Ewart will provide a status update to the Tribunal and the Parties will submit the following to the Case Coordinator:

a. If a settlement will be presented: i. a copy of any executed Minutes of Settlement, if available; ii. a copy of all supporting documents that will be relied upon in evidence; iii. a Planning Affidavit or evidence outline of a qualified Planner or expert who will provide evidence in support of the settlement, along with a copy of their Curriculum Vitae and executed Acknowledgement of Expert’s Duty; and iv. a draft Order for consideration and approval by the Tribunal.

b. If there is no settlement and Parties will be requesting hearing dates: i. a draft PO in the Tribunal’s standard form; and ii. a draft IL.

20In the event a settlement is not reached by either Langmaid’s or Mr. Fasken, Parties are expected to attend the third CMC prepared to discuss all remaining procedural matters and set hearing dates.

NOTICE AND DIRECTIVES

21There will be no further notice and this Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.

22The Tribunal so orders and provides these CMC directives for the purposes of the case management of these Appeals.

“C. Hardy”

C. HARDY 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.