Leishman Developments Inc. v. Muskoka (District), 2025 CanLII 33023

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 09, 2025

CASE NO(S).: OLT-25-000056

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Leishman Developments Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of a 10-lot subdivision on rural lands

Reference Number: OPA 4

Property Address: 411 Brunel Road

Municipality/UT: Huntsville/Muskoka District

OLT Case No.: OLT-25-000056

OLT Case Name: Leishman Developments Inc. v. Muskoka (District)

Heard: April 3, 2025 by video hearing

APPEARANCES:

Parties	Counsel
Leishman Developments Inc.	R. Cheeseman, S. Fleming
District Municipality of Muskoka	L. Scheulderman, J. Savini, in absentia

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON APRIL 3, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order relates to an appeal brought by Leishman Developments Inc. (“Appellant”) pursuant to s. 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) relating to the refusal of the District Municipality of Muskoka (“Muskoka”) to approve the Appellant’s application for an Official Plan Amendment (“OPA”). The OPA pertains to lands municipally known as 411 Brunel Road, Huntsville (“subject property”).

2The subject property is approximately 5.2 hectares (“ha”) in lot area with 64 metres (“m”) of frontage on Brunel Road. The subject property is currently improved with a barn and other related accessory structures.

3The Appellant is proposing to redevelop the subject property with a rural estate subdivision consisting of 10 lots, accessed by a common element condominium private roadway off of Brunel Road. The intent is that each proposed lot will be a minimum of 0.4 ha in area with 30 m of frontage onto the private condominium road. The purpose of the OPA is to permit a rural estate development by adding a site-specific special policy area to the Town Official Plan (“TOP”).

4The subject property is designated rural in the TOP which permits estate residential development in accordance with policies set out in s. 8.8 and with the approval of an OPA. The OPA is required to permit development on the subject property and to address reduced lot sizes and frontages.

5On November 13, 2023, the Appellant filed an OPA to amend the Official Plan of the Town of Huntsville (“Town”). On July 22, 2024, the Corporation of the Town of Huntsville Council adopted Zoning By-law No. 2024-84, approving Amendment No. 4 to the Town Official Plan. Muskoka is the approval authority for amendments to the Town’s Official Plan and as such, Zoning By-law No. 2024-84 was forwarded to Muskoka for approval. On December 19, 2024, the Planning Services Committee of Muskoka refused the OPA application, and the Appellant appealed the refusal to the Tribunal.

CONFIRMATION OF NOTICE

6The Tribunal confirmed with Counsel that there were no known issues with service of the Notice of the CMC and as such, no further notice is required. The Tribunal received the Affidavit of Service of Notice of Darlene Hornsby sworn on March 4, 2025 which was marked as Exhibit 1 to the CMC.

STATUS REQUESTS

[7] In advance of the CMC, the Tribunal received five written requests for Participant status from:

• Sharlyn White and Harry Oswin – marked as Exhibit 2;
• Robin Fortunato - marked as Exhibit 3;
• Daryl McLaughlin - marked as Exhibit 4;
• Gerry Lantaigne - marked as Exhibit 5; and
• Laura Kosowan - marked as Exhibit 6.

8Counsel for Muskoka advised that they had only received Ms. Kosowan’s request form and the Tribunal directed Counsel for the Appellant to provide Counsel for Muskoka with copies of the remaining four requests following the CMC.

9Ms. White appeared at the CMC and explained that many of the individuals requesting participant status were out of the country and unable to attend the CMC. Given that Muskoka did not have the benefit of reviewing four of the written requests, the Tribunal summarized the requests noting that they raised similar concerns to those outlined in Ms. Kosowan’s request. Counsel for Muskoka submitted that they did not anticipate having any concerns with the five requests and if any arose after reviewing the written requests, they would notify the Tribunal.

[10] The Tribunal granted Participant status to:

1. Sharlyn White and Harry Oswin;
2. Robin Fortunato;
3. Daryl McLaughlin;
4. Gerry Lantaigne; and
5. Laura Kosowan.

The Tribunal explained that it encourages collaboration so as to avoid duplicative participant statements and noted that the merit of an argument is not strengthened through duplication. Given the common concerns raised, the Tribunal encouraged the Participants to work together to submit one fulsome participant statement.

11There were no other persons or entities present at the CMC requesting status in the proceedings.

OPPORTUNITIES FOR SETTLEMENT / MEDIATION

12The Parties jointly agreed that discussions around settlement and mediation were premature at this point in the absence of an Issues List. Counsel for the Appellant noted that they were not opposed to mediation and Counsel for Muskoka advised that they did not have any instructions to pursue mediation or settlement at this point in time.

NEXT STEPS

13In advance of the CMC, the Parties filed a draft Procedural Order (“PO”) with the Tribunal. The draft PO did not include an Issues List as Counsel for Muskoka was recently retained and was in the process of assessing issues to include in the PO. The Parties agreed that Muskoka would provide its list of issues to the Appellant by Thursday, April 17, 2025. The Tribunal directed the Parties to file a final draft PO with the Tribunal for review and approval on or before Tuesday, April 22, 2025.

14The Parties jointly requested that the Tribunal schedule a 10-day hearing indicating that they anticipated calling three to five witnesses each. The Tribunal explained that generally hearing dates were not provided in the absence of an Issues List given the difficulty in assessing the number of experts required. Counsel for the Appellant submitted that given busy schedules, they were hoping to secure hearing dates in October of 2025. The Parties advised that they would be in a position to confirm the number of days required once the issues were solidified on April 17, 2025.

15Following an in-depth discussion, the Tribunal agreed with Counsels’ proposed approach and scheduled a 10-day video hearing commencing on Monday, October 20, 2025 at 10 a.m. as follows:

Go To Meeting: https://meet.goto.com/677087597

Access Code: 677-087-597

16Parties 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.

17Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

18Persons 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.

19Individuals 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

20THE TRIBUNAL ORDERS THAT Sharlyn White and Harry Oswin; Robin Fortunato; Daryl McLaughlin; Gerry Lantaigne; and Laura Kosowan are granted Participant status in these proceedings.

21The case management directives above are so ordered.

22There will be no further notice and this Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.

“C. Hardy”

C. HARDY VICE CHAIR

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.