Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 14, 2025
CASE NO(S).: OLT-24-000868
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant 1: Mariposa Woods Inc & Rockcliffe Park Inc. Appellant 2: Mariposa Woods Inc Appellant 3: Mariposa Woods Inc & Sandy Beach Resort Inc. Appellant 4: Mariposa Woods Inc. Pigeon Lake Trails Park Inc
Subject: By-law No. 2024-113 Description: To permit new Rural Zoning By-law that consolidates 14 existing in-effect zoning by-laws Reference Number: D06-2022-06 Property Address: City Wide Municipality/UT: Kawartha Lakes OLT Case No.: OLT-24-000868 OLT Lead Case No.: OLT-24-000868 OLT Case Name: Mariposa Woods Inc. et al. v. Kawartha Lakes (City)
Heard: March 28, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Brian Bartley | Kathleen M. Kinch Jenna Khoury-Hanna |
| Flato | Jessica Jakubowski Isaiah Banach (in absentia) Katarzyna Sliwa (in absentia) |
| Mariposa Woods Inc. | Chantal Conroy Raj Kehar (in absentia) |
| Mariposa Woods Inc. and Rockcliffe Park Inc. | Chantal Conroy Raj Kehar (in absentia) |
| Mariposa Woods Inc. and Sandy Beach Resort | Chantal Conroy Raj Kehar (in absentia) |
| Mariposa Woods Inc. and Pigeon Lake Trails Park Inc. | Chantal Conroy Raj Kehar (in absentia) |
| City of Kawartha Lakes | Denitza Koev |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MARCH 28, 2025 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in the matter of appeals by Black Bear Estates Inc., Flato, Brian Bartley, Mariposa Woods Inc., Mariposa Woods Inc. & Rockcliffe Park Inc., Mariposa Woods Inc. & Sandy Beach Resort and Mariposa Woods Inc. & Pigeon Lake Trails Park Inc. (“Mariposa”) (“Appellants”) to the new Rural Zoning By-law (“ZBL”), which essentially consolidates 14 existing zoning by-laws of the City of Kawartha Lakes (“City”).
2Prior to the CMC, the Tribunal received communication from Black Bear Estates Inc. stating that they are withdrawing their objection to City’s ZBL No. 2024-113 and will not be taking part in the upcoming matters. Due to the withdrawal by Black Bear Estates Inc., the Tribunal cancelled the Hearing scheduled to take place on July 30 and July 31, 2025.
3Late in the day on March 27, the Tribunal received communication from Ms. Koev indicating that a partial settlement of the Flato Appeal has been reached. Further, she stated that the City and Flato have agreed that the balance of the Flato Appeal, related to land holdings in Cameron, may potentially be scoped and/or resolved through separate Minor Variance or Re-Zoning Applications.
4At the onset of the CMC, Ms. Koev asked that no Draft Procedural Order (“DPO”) or Issues List (“IL”) are to be filed in the Flato Appeal. The Tribunal directed Flato and the City to submit a formal request for a written Hearing to the assigned Case Coordinator and has agreed to grant the request regarding the DPO and IL.
5At the CMC Ms. Koev proffered that she is awaiting instructions from the City regarding the Mariposa Appeal which are expected following the Council meeting that will take place on April 22nd. She requested that additional time be given to file the DPO and IL with the Tribunal.
6The Tribunal directed Mariposa and the City to submit a DPO and IL on or before, Tuesday, May 6, 2025.
7Following the submissions of the Parties, the Tribunal directed that the Mariposa and Flato Appeals are to be heard separately, as they will be dealing with separate issues and will have different expert witnesses.
8Ms. Koev reported that the only remaining issue with respect to the Bartley Appeal was resolved. The Parties are seeking the Tribunal’s direction with respect to a procedural matter related to the exchange of witness lists. The Tribunal asked the Parties to submit a written request through the assigned Case Coordinator.
9Ms. Koev brought to the Tribunal’s attention that following multiple attempts to contact Jeffrey Armitage (the sole Participant) regarding his interest in the Appeals by the different Parties, no response has been received. Given the circumstances, the Tribunal directed that no further notification on the upcoming matters will be provided to Mr. Armitage.
10The Parties requested a third CMC in August to provide the Tribunal with updates for the remaining Appeals.
11The third CMC is scheduled to take place on Monday, August 11, 2025 at 10 a.m.
12Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
13Parties 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
14Persons 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: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is as indicated above.
15Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
16The Tribunal directives above are so ordered.
17This Member is not seized.
18There will be no further notice.
“P. Tomilin”
p. tomilin
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.