Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 17, 2025
CASE NO(S).: OLT-25-000406
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: We The Shermans Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To Permit the Demolition of an Existing Cottage and Garage and Replaced with a Year-round Dwelling
Reference Number: ZA25-01
Property Address: 750 and 761 Christie Lake Lane 32D
Municipality/UT: Tay Valley/Lanark
OLT Case No.: OLT-25-000406
OLT Lead Case No.: OLT-25-000406
OLT Case Name: We The Shermans Inc. v. Tay Valley (Township)
Heard: November 12, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| We The Shermans Inc. | Michael Polowin Crystal McConkey |
| Township of Tay Valley | Laura Robinson |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON NOVEMBER 12, 2025 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was set for a two-day Merit Hearing, beginning today. However, the Parties contacted the Tribunal recently to inform that a settlement in principle has been reached. While no Minutes of Settlement had been executed, the Parties asked to convert the Merit Hearing to a Hearing to hear the settlement proposal. The Tribunal cancelled the Merit Hearing, and these dates were converted to a Status Hearing. The Parties were to attend on today’s date to schedule a written Settlement Hearing. However, the direction that a written Settlement Hearing was to be scheduled was not conveyed to the Parties prior to today’s event.
2After some confusion, a written Settlement Hearing was scheduled for November 24, 2025, with materials to be submitted to the Tribunal by November 21, 2025.
3For background, We The Shermans Inc. (“Appellant”) filed an appeal against the Township of Tay Valley’s (“Township”) decision to refuse an application pursuant to s. 34(11) of the Planning Act. The application relates to the property municipally known as 750 and 761 Christie Lake Lane 32D in the Township.
4The Parties informed the Tribunal that there is a related Site Plan approval application that is also close to being settled.
5Also, a Participant to this matter, Penny Nault, had filed several documents with the Tribunal that were disseminated this morning to the Parties. The documents stem from Ms. Nault’s presentation to the Township during their consideration of this matter. Ms. Nault stated that the documents should have been included in the municipal record, but they were not included. After some research, all but one of the documents that should have formed part of the municipal record were already in the municipal record.
6The Tribunal directs that the document titled “NAULT-Comments-ProposedZoningAmendmentApplicationZA25-01-Sherman.pdf” be included as part of Ms. Nault’s Participant Statement.
7Also, prior to today’s event, the Appellant filed several documents in anticipation of a Settlement Hearing. The Township asked that one of the documents, titled “Addendum to Witness Statement”, be deleted from the Tribunal’s records of the Tribunal as it contains information regarding a Minutes of Settlement that has not been finalized. The Appellant consented to this request. The Tribunal directed counsel for the Appellant to contact the Case Coordinator to request the document be removed from the Tribunal’s file on this matter.
ORDER
8The directions set out above are so ordered.
9This Member is not seized.
10There will be no further Notice.
“A. Sauve”
A. SAUVE 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.