Friday Harbour Resort Holdings Inc. v. Innisfil (Town), 2025 CanLII 113852

minicounsel

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 27, 2025

CASE NO(S).: OLT-25-000656

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Friday Harbour Resort Holdings Inc.

Subject: Application to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit a 15-storey resort hotel building connected to a 1-storey conference facility, and resort residential buildings ranging from 4 to 14 storeys increasing the number of hotel and resort residential units combined in the Friday Harbour Resort from 3000 to 3700 units

Reference Number: D09-2024-001

Property Address: 3999 Friday Drive

Municipality/UT: Town of Innisfil / County of Simcoe

OLT Case No.: OLT-25-000656

OLT Lead Case No.: OLT-25-000656

OLT Case Name: Friday Harbour Resort Holdings Inc. v. Innisfil (Town)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Friday Harbour Resort Holdings Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Reference Number: D14-2024-002

Property Address: 3999 Friday Drive

Municipality/UT: Town of Innisfil / County of Simcoe

OLT Case No.: OLT-25-000657

OLT Lead Case No.: OLT-25-000656

Heard: October 22, 2025, by Video Hearing

Parties

Counsel

Friday Harbour Resort Holdings Inc.

Mark Flowers Alexia Ivo (student-at-law)

Town of Innisfil

Mark Joblin Alexandra Whyte (in absentia)

County of Simcoe

Alex Freeman-Carter

Ana Goncalves & Others (The Friday Harbour Focus Group)

Ira Kagan

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON OCTOBER 22, 2025, AND ORDER OF THE TRIBUNAL

1This is the first Case Management Conference (“CMC”) for the above-noted matter. Friday Harbour Resort Holdings Inc. (“Appellant”) has filed appeals against the Town of Innisfil’s (“Town”) failure to make a decision within the statutory time frames for the Appellant’s application to permit a 15-storey resort hotel connected to a one-storey conference facility, and resort residential buildings ranging from 4 to 14 storeys, with respect to 3999 Friday Drive, in the Town. The appeals were brought pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”).

2The Affidavit of Service on file was marked as Exhibit A.

PARTY/PARTICIPANT REQUESTS

3There were thirteen Party status requests and nine Participant status requests received. Eleven of the Party status requestors were grouped under an unincorporated umbrella named “The Friday Harbour Focus Group”, represented by counsel Ira Kagan. All eleven Party status requests, were granted, without objections, by the Tribunal and for ease of reference, they will be referred to as Ana Goncalves & Others (The Friday Harbour Focus Group).

4By consent, the County of Simcoe was granted Party status by the Tribunal.

5One individual, Darren Vella, had requested Party status; however, he had written to the Tribunal that he will not appear at the CMC. Mr. Flowers objected to Mr. Vella’s request and urged a rejection of the same. The Tribunal typically requires a requestor to be present before considering granting status. Since the Tribunal will schedule a second CMC, the said Darren Vella can appear at the second CMC to request Party status.

6There were nine participant status requests received. The Tribunal granted Participant status to all nine requestors, without objections. The list of Party and Participant requestors granted status is appended as Attachment 1 to this Decision.

DRAFT PROCEDURAL ORDER

7Counsel filed a draft Procedural Order (“PO”) that included an Issues List that anticipated the Party status requestors’ status being granted by consent. Counsel requested three weeks be scheduled for the Merit Hearing as all Parties have confirmed that in total there would be ten to twelve expert witnesses. The Tribunal will direct that the draft PO, with deadlines filled in and the Issues, be forwarded to the Case Coordinator by Wednesday, November 5, 2025.

MEDIATION

8The Parties are open to mediation but will initially engage in private discussions toward resolving the issues.

DISPOSITION

9The Tribunal will schedule a three-week hearing and a second CMC. The Member is not seized.

10Mr. Joblin, the Town’s counsel, noted that although the Appellant has mailed out to a substantial number within the required 120 metre boundary of the development, he would request that the condo corporation(s) be notified. Mr. Flowers, counsel for the Appellant, explained that they had served in accordance with the mailing list provided and contended that he had mailed out some 800 mails in this matter. Ms. Huggins, a Participant, added that she would like the Friday Harbour Resort Association to be notified so that its members are aware of the dates and participate, if necessary.

11The Tribunal directed that notice of the second CMC and Merit Hearing be forwarded to the listed condo corporation(s) and to the Friday Harbour Resort Association.

12The Tribunal directed the Appellant to, at least 30 days before the second CMC, forward the CMC package to the Friday Harbour Resort Association with the request that they forward the package to their members.

13The Tribunal directed the Appellant to file an affidavit of service, as soon thereafter, after serving as directed.

SECOND CMC

14The second CMC and Merit Hearing are scheduled to proceed by video as follows:

Tuesday, December 4, 2025 at 10 a.m. (one-day CMC)

GoTo Meeting: https://global.gotomeeting.com/join/979388733

Access code: 979-388-733

Audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889

Audio-only access code: 979-388-733

Wednesday, May 6, 2026 to Wednesday, May 27, 2026 at 10 a.m. (15-day Merit Hearing)

GoTo Meeting: https://meet.goto.com/680885805

Access Code: 680-885-805

Audio-only line: +1-647-497-9373 or (toll-free) +1-888-299-1889

Audio-only Access Code: 680-885-805

15Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.

16Parties 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

17Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line.

18Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

ORDER

19THE TRIBUNAL ORDERS that:

a. The County of Simcoe is granted Party status;

b. The eleven Party status requestors, listed in Attachment 1, are each granted individual Party status, and for ease and convenience, are collectively referred to as Ana Goncalves & Others (The Friday Harbour Focus Group);

c. The nine Participant status requestors listed in Attachment 1 are granted Participant status;

d. The Procedural Order, with Issues List, be filed by Wednesday, November 5, 2025;

e. Notice of the second CMC and the Merit Hearing be forwarded to the listed condo corporation(s) and to the Friday Harbour Resort Association; and

f. The Appellant to forward the Case Management Conference package to the Friday Harbour Resort Association and file the affidavit, as directed.

“T.F. Ng”

T.F. NG

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.

ATTACHMENT 1

Participant Status and Party Status Granted (Oct 22, 2025)

OLT Case No. OLT-25-000656 and OLT-25-000657

NAME

CONTACT

STATUS

Jeremy Brasseur

JBRASSEUR@MIDDLEFIELD.COM

Tel. 416-847-5352

Participant

Andrea Pearson

andrealpeasrson@gmail.com