du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
March 12, 2025
CASE NO(S).:
OLT-24-001207
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant:
OBD Development Inc., OBM Marina Inc. and OBG; Golf Inc. (collectively “Oak Bay”)
Description:
Determination of the development charges
Reference Number:
By-law 2024-34
Property Address:
City-wide
Municipality/UT:
Georgian Bay/Muskoka
OLT Case No.:
OLT-24-001207
OLT Lead Case No.:
OLT-24-001207
OLT Case Name:
Oak Bay v. Muskoka (Municipality)
Heard:
March 05, 2025
APPEARANCES:
Parties
Counsel
OBD Developments Inc., OBM Marina Inc. OBG Golf Inc. (collectively “Oak Bay”)
Leo Longo
District of Muskoka (“District”)
David Germain
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a first Case Management Conference (“CMC”) in respect of the appeal filed by Oak Bay pursuant to s. 14 of the Development Charges Act, 1997 (the “Act”) against the adoption of the Development Charges By-law No. 2024-34 by the District on October 21, 2024.
2Mr. Germain, counsel for the District, noted that an appeal (OLT Case File No. OLT-24-000747- Appellant vs. Township of Georgian Bay) was simultaneously submitted to the Tribunal by the Appellant in this hearing and was given a five-day merit hearing commencing Monday, June 2, 2025.
3Both Parties agree that the Procedural Order and Issues List which formed part of the Oak Bay Appeal application process, identifies both Township and District related issues. It was recognized that in order to provide an expeditious resolution to both appeals, a second CMC would be beneficial to discuss a phasing approach to the appeals. This would allow for any general overlapping issues to be addressed at a Phase 1 hearing.
4The Tribunal being cognisant that counsel for the Township was not present, indicated to the Parties that the Tribunal would endeavour, through the Case Coordinators, to reach out to counsel for the Township and coordinate a date for a further CMC to discuss phasing as an option with all Parties present.
5The Tribunal has, prior to the issuance of this Decision, been informed that counsel for the Township is agreeable to attend the next CMC to discuss the option of a phased hearing approach and to address the issues that are considered overlapping in an effort to avoid repetitiveness and provide for a more expeditious resolution at each of the merit hearings.
6The Parties are directed to provide the Tribunal with a draft Procedural Order and Issues List 10 days before the next CMC outlining how the phased hearings will proceed. The Tribunal recognizes procedural timelines for the timely exchange of witness statements and reply statements for the Monday, June 2, 2025, merit hearing quickly approaches so therefore the Tribunal directs counsel for the Appellant to dialogue directly with the Township to ensure that, on consent, all materials move forward as procedurally necessary for the Monday, June 2, 2025, merit hearing, until the phasing approach is determined with all Parties present at the next CMC.
7The Tribunal directs that a further CMC be held, inclusive of counsel for the Township, on Wednesday April 16, 2025, at 10 a.m. by video conference.
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
8Parties 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:
9Parties 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
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1(888) 299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
11Individuals 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 Video Hearing 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.
ORDER
12THE TRIBUNAL ORDERS its directions contained above in this Decision.
13This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
“D. Chipman”
D. CHIPMAN
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.