Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 12, 2025
CASE NO(S).: OLT-24-001183 OLT-24-001206
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Townline Development Holding Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit development of 96 residential units consisting of 74 townhouse dwellings and 22 semi-detached dwellings
Reference Number: CPS-9-2023-8
Property Address: 206 Townline Road West
Municipality/UT: Huntsville/Muskoka
OLT Case No.: OLT-24-001183
OLT Lead Case No.: OLT-24-001183
OLT Case Name: Townline Development Holding Inc. v. Muskoka (Municipality)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Townline Development Holding Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit development of 96 residential units consisting of 74 townhouse dwellings and 22 semi-detached dwellings
Reference Number: CPPA/21/2023/HTE
Property Address: 206 Town Line Road W
Municipality/UT: Huntsville/Muskoka
OLT Case No.: OLT-24-001206
OLT Lead Case No.: OLT-24-001206
OLT Case Name: Townline Development Holding Inc. v. Huntsville (Town)
Heard: March 6, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Townline Development Holding Inc.
Meaghan McDermid Grace O’Brien (in absentia)
Town of Huntsville
Sarah Hahn
District Municipality of Muskoka
Jamie Clow
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MARCH 6, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Townline Development Holding Inc.(“Appellant”) has filed appeals against the District Municipality of Muskoka’s (“Municipality”) failure to make a decision within the statutory time frame for the draft plan of subdivision (DPS) application to permit a development of 96 residential units consisting of 74 townhouse dwellings and 22 semi-detached dwellingswith respect to the property 206 Townline Road West Huntsville. The appeal was pursuant to s. 51(34) of the Planning Act (“Act”). There was a related appeal pursuant to s.34(11) of the Act for a non-decision with respect to a Zoning By-law Amendment Application to the Town of Huntsville (“Town”).
2The Affidavit of Service on file was marked as Exhibit A.
PARTY/PARTICIPANT REQUESTS
3There were seven Participant Status requests received. The Tribunal granted Participant status to Burkhard Mausberg, Alex Dussault, Karin Terziano, Anne Riebe, Jim Harper, Susan Laing and Lou D’Alessandro without objections.
4An intended party status request by Iain Laing was withdrawn by him.
DRAFT PROCEDURAL ORDER
5Counsel for the Appellant, Ms. McDermid informed the Tribunal that a draft Procedural Order (“PO”) has been filed and requested a three-day hearing to be scheduled. All parties agreed with the request.
MEDIATION
6The Parties have no instructions on mediation but will be open to same.
DISPOSITION
7The Tribunal will schedule a three-day hearing of the Appeal. There is no further notice and the member is not seized.
8The Tribunal directs that the PO, with the deadlines filled in, together with the Issues list be forwarded to the Case Coordinator by March 20, 2025.
HEARING
9The Hearing is scheduled to proceed by video from Monday, June 9, 2025 to Wednesday, June 11, 2025 at 10 a.m.
10Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
11Parties 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 GoTo Meeting, or a web application is available: https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is the same as indicated above.
13Individuals 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 CMC 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
14THE TRIBUNAL ORDERS that:
Participant status is granted to Burkhard Mausberg, Alex Dussault, Karin Terziano, Anne Riebe, Jim Harper, Susan Laing and Lou D’Alessandro.
The Procedural Order and Issues List be filed by March 20, 2025.
The Hearing will commence at 10 a.m. by video on Monday, June 9, 2025 to Wednesday, June 11, 2025.
“T.F. Ng”
T.F. NG
MEMBER
Ontario Land Tribunal
Website: 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.