Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 13, 2025
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., & 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., & OBG Golf Inc. v. Georgian Bay (Township)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Corporation of the Township of Georgian Bay
Request for: Request for Directions
Heard: November 7, 2025 by video hearing
APPEARANCES:
Parties
Counsel
OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (“Appellant/Applicant”)
Leo Longo
District Municipality of Muskoka (“District”) Township of Georgian Bay (“Township”) Georgian Bay Trust Foundation Inc. (“Interested Party”)
Jamie Clow Colin Leger Ian Andres
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON NOVEMBER 7, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTIONS
1OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (collectively “Oak Bay Developments”) are the Applicants for an appeal regarding lands legally described as Part of Lots 31 and 32, Concession 2, Baxter in the Township of Georgian Bay. These lands are known as the Waterside lands within the Oak Bay Development, which is a fully serviced residential development consisting of a variety of housing types. The appeal requests an extension of five years for the approval of Draft Plans of Subdivision, is further seeking revised conditions, and the need for a servicing agreement.
2Disposition of the matter came before the Tribunal as a settlement and on July 29, 2024, the Tribunal Ordered the appeal was allowed, in part, and the Draft Plan, prepared by J.D. Barnes, dated June 16, 2021, and revised on July 24, 2023, comprising Part of Lots 31 and 32, Concession 2, Baxter, was approved, subject to the fulfillment of conditions.
3The Tribunal granted the Parties’ request that the five-day merit hearing scheduled to commence November 25, 2024, remain on the Tribunal’s calendar, in case the conditions were not fulfilled, warranting further adjudication. There were two conditions that required OBD Developments Inc. to enter into a separate supplemental development agreement with both the District and the Township. To date, the district agreement has been negotiated. However, the Township agreement remains unresolved.
4Following the Tribunal’s decision, a joint request was made to adjourn the hearing scheduled for November 25, 2024, and reschedule it to February 2025 to allow additional time for the parties to finalize the development agreement between the Township of Georgian Bay and OBD Developments Inc.
5At the Parties’ request, the Tribunal convened a Case Management Conference at which the Township sought an adjournment sine die to permit a motion hearing to address the Tribunal’s jurisdiction over the outstanding development agreement. The Tribunal determined it was appropriate to vacate the merits hearing set to commence on February 3, 2025, and to hold a two-day motion hearing beginning on February 6, 2025, to address the question of jurisdiction.
6On February 6, 2025, the Tribunal heard the motion brought by the Township of Georgian Bay. The motion was granted, and the Tribunal directed that it does not have jurisdiction, in an appeal pursuant to subsections 51(43) or 51(48) of the Planning Act, to determine the terms of a condominium agreement or to require the Township of Georgian Bay to execute such an agreement. Accordingly, Issue 2, as set out in the Attachment to the Procedural Order issued on May 31, 2024, was struck from the Issues List.
CASE MANAGEMENT CONFERENCE
7The Tribunal held a Case Management Conference (“CMC”) on November 7, 2025, to address the remaining condition of draft plan approval for the Waterside Subdivision, which concerns drainage and whether a drainage easement is required in connection with the development.
8Earlier in the day, the Parties participated in a Tribunal-led mediation discussion and confirmed mediation dates in early January 2026.
9During the CMC, counsel for the Applicant advised that the Parties have been engaged in ongoing, without-prejudice discussions with Mr. Andres, Counsel for the Georgian Bay Trust Foundation Inc. (the “Foundation”), which owns lands adjacent to the subdivision. Counsel explained that the subdivision was originally approved in 2006 under a previous developer, at which time a portion of the lands was conveyed to the Foundation for the protection of wetlands in the area. The lands subject to the draft plan of subdivision are now owned by OBD Developments Inc., which has assumed responsibility for the development of those lands.
10The Parties are continuing to explore whether a drainage easement is necessary or whether drainage can be appropriately managed within the adjacent Foundation’s property. Given these ongoing discussions, the Parties jointly requested that the Tribunal schedule a two-day motion hearing while mediation proceeds. As such, the Tribunal has accordingly scheduled a two-day merit hearing to commence on Monday, March 23, 2026, at 10 a.m. by video conference.
11With respect to the potential participation of the Foundation, Mr. Andres advised that his client is not seeking Party status at this time, as mediation may resolve the matter. The Tribunal directed that should the Foundation wish to seek Party status, notice must be provided to the Tribunal by Thursday, January 15, 2026, following which the Tribunal will determine the appropriate next steps.
HEARING
12Upon request of the Parties, the Tribunal set a 2-day Merit Hearing commencing on Monday, March 23, 2026, at 10 a.m. by video hearing. No further Notice is required for the hearing.
13Parties 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.
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Access Code: 909-787-981
14Parties 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
15Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
16Individuals 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.
17So is the Order of the Tribunal.
18The Member is not seized.
“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.