Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 29, 2025
CASE NO(S).: OLT-24-000026
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tyrolean Village Resorts 2021 Limited
Subject: Application to amend the Zoning By-law – Failure of Approval Authority to make a decision
Description: To permit the creation of 12 lots with commercial lodges and a future development block
Reference Number: P3084
Property Address: 138 Kandahar Lane
Municipality/UT: The Blue Mountains/County of Grey
OLT Case No.: OLT-24-000026
OLT Case Name: Tyrolean Village Resorts 2021 Limited v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tyrolean Village Resorts 2021 Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the creation of 12 lots with commercial lodges and a future development block
Reference Number: P3085 (Lower-tier); 42T-2021-07 (County)
Property Address: 138 Kandahar Lane
Municipality/UT: The Blue Mountains/County of Grey
OLT Case No.: OLT-24-000027
OLT Lead Case No.: OLT-24-000026
OLT Case Name: Tyrolean Village Resorts 2021 Limited v. The Blue Mountains (Town)
Heard: June 9 – 12, 2025 by Video Hearing, June 29, 2025 Closing Submissions
APPEARANCES:
Parties
Counsel
Tyrolean Village Resorts 2021 Limited
S. Turney J. Kabuli
Town of The Blue Mountains
D. Baker
County of Grey
E. Treslan
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY P. TOMILIN
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a Decision or Order, the Decision and Order (“Decision”) issued on September 23, 2025 is hereby amended.
2By replacing Paragraph [89] with:
89AND THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act, the County of Grey shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.
3In all other respects, the Tribunal’s Decision remains the same.
“P. Tomilin”
P. TOMILIN
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.