Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 20, 2024
CASE NO(S).: OLT-23-000815
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: King’s Bay Golf Club Limited
Subject: Request to amend the Official Plan– failure to adopt the requested amendment
Description: Proposed redevelopment of existing golf course into 44 lots for single detached dwellings and open space
Reference Number: D01-2022-003
Property Address: 27 Stub Road
Municipality: City of Kawartha Lakes
OLT Case No.: OLT-23-000815
OLT Lead Case No.: OLT-23-000815
OLT Case Name: King’s Bay Golf Club Limited v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: King’s Bay Golf Club Limited
Subject: Zoning By-law Amendment Application – failure to make a decision
Description: Proposed redevelopment of existing golf course into 44 lots for single detached dwellings and open space
Reference Number: D05-2022-001
Property Address: 27 Stub Road
Municipality: City of Kawartha Lakes
OLT Case No.: OLT-23-000816
OLT Lead Case No.: OLT-23-000815
OLT Case Name: King’s Bay Golf Club Limited v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: King’s Bay Golf Club Limited
Subject: Proposed Plan of Subdivision – failure to make a decision
Description: Proposed redevelopment of existing golf course into 44 lots for single detached dwellings
Reference Number: D06-2022-001
Property Address: 27 Stub Road
Municipality: City of Kawartha Lakes
OLT Case No.: OLT-23-000817
OLT Lead Case No.: OLT-23-000815
OLT Case Name: King’s Bay Golf Club Limited v. Kawartha Lakes (City)
Heard: December 3, 2024 by video hearing
APPEARANCES:
Parties
Counsel
King’s Bay Golf Club Limited (“Applicant”)
Steven C. Ferri Austin Ray
City of Kawartha Lakes (“City”)
David Germain Jaikaran Goraya
DECISION DELIVERED BY K.R. ANDREWS AND J. DENYES AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was held following a settlement of appeals pursuant to the decision issued July 4, 2024 (King’s Bay Golf Club Limited v Kawartha Lakes (City), 2024 CanLII 65200 (ON LT); as amended July 8, 2024 (King’s Bay Golf Club Limited v Kawartha Lakes (City), 2024 CanLII 68176 (ON LT)). The decision (as amended) purported to resolve applications for an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision.
2The purpose of the CMC was to determine a way forward following the City’s refusal to clear conditions of the Draft Plan of Subdivision. This refusal is in relation to a dispute between the Parties respecting driveway culverts – the Applicant proposes to use shared culverts, while the City insists upon individual culverts.
3Procedurally, the Parties proposed that a written motion should be held to deal with this newly emerged issue. They also proposed that they will work together to determine the most appropriate framing of the relief being sought, prior to the filing of a Notice of Motion.
4The Tribunal accepted the Parties’ proposal in principle but found that they must jointly file a truncated Procedural Order (“PO”) to firmly establish the precise relief being sought. The Tribunal insisted upon such a PO to avoid a potential future dispute about the manner with which the Appellant intends to address the culvert-issue. At the request of the Parties, the Tribunal also administratively reserved January 25, 2025, as a return date for the motion.
5At the conclusion of the CMC, the Tribunal gave the Parties the direction to file the draft PO forthwith. However, instead of receiving the PO, the Tribunal was later informed by the Parties that they were working on a settlement and would likely request that the motion be adjourned sine die.
6The Tribunal gave the Parties until 12 p.m. on Friday, December 20, 2024, to confirm if they intend to proceed with the motion. The Parties failed to confirm by the imposed deadline. Consequently, the Tribunal has elected to release the reserved motion return date, noting that either Party may later choose to pursue the motion by contacting the Tribunal Case Coordinator and requesting a new return date.
7There are otherwise no new directions from the Tribunal, nor are there any Orders resulting from the CMC.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
“J. Denyes”
J. DENYES
MEMBER
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.