Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 11, 2024
CASE NO(S).: OLT-23-001240
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (collectively "Oak Bay")
Subject: Conditions of approval of draft plan of subdivision
Description: To request an extension to the approval of the draft plan and to revise the layout to incorporate a stormwater management plan within the draft plan
Reference Number: C2008-6
Property Address: Part of Lots 31 and 32, Concession 2, Baxter
Municipality/UT: Georgian Bay/Muskoka
OLT Case No.: OLT-23-001240
OLT Lead Case No.: OLT-23-001240
OLT Case Name: OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. v. Georgian Bay (Township)
Heard: March 6, 2024 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (Appellant / Applicant) | Leo Longo |
| District Municipality of Muskoka | Jamie Clow |
| Township of Georgian Bay | Colin Léger |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON March 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (“Applicant”) for lands legally described as Part of Lots 31 and 32, Concession 2, Baxter in the Township of Georgian Bay. The appeal requests an extension of five years for the approval of Draft Plans of Subdivision S2005-7 and S2005-10 (“DPS”), if further seeking revised conditions, and the need for a servicing agreement.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3Party status was sought by the Township of Georgian Bay (“Township”). On consent of the Parties, the Tribunal granted Party status to the Township.
4No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
5The Parties expressed an openness to resolution discussions on the matters before the Tribunal. The Parties are currently reviewing and commenting on the DPS revised conditions and engineers for the respective Parties have been working towards a resolution for a servicing agreement, that would then require Council approval.
6As such, the Parties requested that a second CMC be scheduled to allow for sufficient time for an on-site evaluation, further discussions, and Council direction/decision. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts. If a settlement is achieved, the Parties will advise the Tribunal and request a conversion of the second CMC. Should no resolution be determined, the Parties are to provide the Tribunal with a draft Procedural Order and Issues List, on consent, no later than May 14, 2024.
SECOND CMC
7Upon request of the parties, the Tribunal set a second CMC hearing commencing on Friday, May 17, 2024, at 10 a.m. by VH. No further Notice is required.
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:
https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
9Parties and Participants 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.
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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated 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 that:
- The date and particulars of the hearing are set out above;
13The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. inniS
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.