Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 17, 2025
CASE NO(S).: OLT-24-001174
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Kawartha Nishnawbe First Nation Applicant: Lovesick Lake Park Inc. Subject: By-law 2024-064 Description: To permit a 40-site trailer park expansion to the existing Lovesick Lake Park Reference Number: C-14-20 Property Address: 3340 Stricker's Lane Municipality/UT: Selwyn/Peterborough OLT Case No.: OLT-24-001174 OLT Lead Case No.: OLT-24-001174 OLT Case Name: Kawartha Nishnawbe First Nation v. Selwyn (Town)
Heard: March 05, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Kawartha Nishnawbe First Nation | Christopher Reid |
| Township of Selwyn | Did Not Appear |
| Lovesick Lake Beach Resort Ltd. | Alisa Lombard |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON MARCH 5, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for an appeal brought by the Kawartha Nishnawbe First Nation (“Appellant”) under s. 34(19) of the Planning Act regarding an application for a Zoning By-law Amendment (“ZBA”), which was approved by the Township of Selwyn (“Township”) in relation to the property municipally known as 3340 Stricker’s Lane (“Subject Property”).
2Lovesick Lake Beach Resort Ltd. (“Applicant”) applied for the ZBA, which would change the current zoning to Recreational Commercial Exception 609 (RC-609) in order to permit an expansion of the existing Lovesick Lake Trailer Park, with a total of 40 additional trailer sites.
3The Tribunal was informed prior to this CMC that the Township would not be attending.
NOTICE
4The Tribunal received an Affidavit of Service, sworn by Jessica Barlow, and marked it as Exhibit 1. Upon review and with no concerns raised at the CMC, the Tribunal determined that proper notice of this CMC had been provided and that no further notice was required.
PARTY STATUS REQUEST
5In advance of the CMC, the Tribunal received one request for Party status from the Applicant. Rule 8.2 of the Tribunal’s Rules of Practice and Procedure (“Rules”) allows the Tribunal to add a party to a proceeding, provided that it meets the applicable legislative tests and the Tribunal has reasonable grounds to do so. Ms. Lombard submitted that the Applicant is best positioned to respond to the issues being raised in this appeal. The Appellant took no position on the request.
6The Tribunal finds that the Applicant meets the legislative requirements, has a direct interest in the matter, and their presence will enable the Tribunal to adjudicate the matter effectively and completely. The Tribunal grants the request for Party status.
NEXT STEPS
7The Applicant takes the position that this appeal should not be accepted for filing because it is not eligible to come before the Tribunal as:
a) The Appellant asserts in their appeal materials that they own the Subject Property, which is false; and
b) The Appellant is not a band as defined under the Planning Act (which references the Indian Act’s definition of a “Band”) and, on that basis, does not have standing to make an appeal to this Tribunal.
8These eligibility issues were first communicated to the Tribunal in a letter from counsel for the Applicant, dated February 14, 2025, on which the Appellant was copied. However, at the CMC, Mr. Reid stated that he had not received this letter nor the subsequent status request form, which also included a copy of the letter.
9Upon consideration, to ensure the best and most comprehensive evidence is before it, the Tribunal determined that the appropriate course of action would be for the Applicant to raise these issues in a formal Motion (in accordance with Rule 10 of the Tribunal’s Rules) as this would provide the Appellant with the opportunity to make a fulsome response.
10A one-day Motion Hearing is set for Wednesday, April 23, 2025 at 10 a.m. by Video Hearing.
11Parties and participants 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:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
12Parties 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
13Persons 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 into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
14Individuals 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.
ORDER
15The Tribunal Orders THAT:
a) Party Status is granted to Lovesick Lake Beach Resort Ltd.; and
b) A one-day Motion Hearing is set as outlined in paragraph [10] above.
16The Member is not seized and no further notice will be given.
“S. Bobka”
S. BOBKA 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.