Miller Paving Limited et al. v. Muskoka (District), 2025 CanLII 34627

ISSUE DATE: April 14, 2025

CASE NO(S).: OLT-24-000035

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant: Township of Muskoka Lakes

Appellants: Miller Paving Limited, Our Muskoka Stakeholders Association, Elizabeth & Anthony Lippa, and Leslie Carr

Subject: Proposed Official Plan Amendment

Description: OPA - Ensure the Official Plan Conforms to Provincial and District Policy

Reference Number: 2022-171/PLN-7-14/09/23

Property Address: Town Wide

Municipality/UT: Muskoka Lakes/Muskoka

OLT Case No.: OLT-24-000035

OLT Lead Case No.: OLT-24-000035

OLT Case Name: Miller Paving Limited et al. v. Muskoka (District)

Heard: March 28, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
Miller Paving Limited, Our Muskoka Stakeholders Association, and Leslie Carr	Marc Kemerer
Elizabeth Lippa	John Ewart Howard Cheung (Articling Student)
Township of Muskoka Lakes	Edward Veldboom Chris Barnett
District Municipality of Muskoka	Jennifer Savini
Friends of Muskoka, Leonard Lake Stakeholders Association, and Muskoka Lakes Association	Lee English Piper Morley (in absentia)
Skeleton Lake Cottagers Organization Inc.	David Donnelly

MEMORANDUM OF ORAL DECISION DELIVERED BY GAIL ROSS AND DOUGLAS COLBOURNE ON MARCH 28, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a fourth Case Management Conference (“CMC”) with respect to Appeals filed by Miller Paving Limited, Our Muskoka Stakeholders Association, Leslie Carr, and Elizabeth Lippa (together the “Appellants”) pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended against the District Municipality of Muskoka’s (“District”) approval, as modified, of the new Township of Muskoka Lakes’ (“Township”) Official Plan (“OP”).

CONTEXT

2This fourth CMC was convened for the purpose of receiving an updated Issues List (“IL”) as directed in the Tribunal’s January 13, 2025 decision. The Parties were directed to provide the update by Friday, March 21, 2025. Once received, the Parties could then be in a position to schedule a hearing. Otherwise, the Tribunal would consider a request to schedule a Motion.

3During the January 13, 2025 CMC, all Parties agreed to the bifurcation of the hearings to consider the Mineral Aggregate Resource Policies separate from the balance of the matters identified in the Appeals.

ISSUES LIST

4The Parties did not provide an IL as directed by the Tribunal in the January 21, 2025 Decision. Instead, the Tribunal was provided with letters of explanation from the Township and from the Appellants: Our Muskoka Stakeholders Association, Elizabeth Lippa (“Lippa”), and Miller Paving Limited (“Miller”).

5The Township indicated that they had been unable to arrive at a resolution regarding the ILs and, further, that there was no consensus to enter into mediation. The Township maintained their position that Our Muskoka’s IL had not complied with subsection 17(37.1) related to consistency with the Provincial Planning Statement, 2024 (“PPS”) and conformity with the Township OP; that Miller Paving Limited and Lippa issues alleging non-conformity of the Aggregate Policies of the Township OP and with the District OP. The Township further indicated that at no time was it explained how the Decision is inconsistent with and non-conforming to the Township OP and District OP. They cited subsections 17(25.1) and 17(37.1) of the PPS.

6The Appellants’ (Miller and Lippa) correspondence maintained the position that a motion on the validity of the IL represents the “abuse of process” and further submits it is an “attempt to derail the Appeals” and in any event would be, by necessity, addressed as part of the hearing of the Appeals. Further, they request that the Tribunal not strike out any reference to conformity issues in the IL and not schedule a motion on the matter related to non-conformance with the PPS and conformity with the District OP. That doing so is unfair and does not allow for fulsome submissions on the issues which should have been raised a year ago if they were at issue.

7All Parties maintained that the Merit Hearing requested should be bifurcated, confirming they would like this to be scheduled on two separate dates.

HEARING DETAILS

8The Parties agreed to consult amongst themselves to determine three date options and provide them to the Tribunal, who will then schedule a Motion Hearing.

9The Counsel, Marc Kemerer, agreed to provide revised/updated policy changes by Thursday, April 17, 2025.

10The following correspondences from the Parties have been marked as Exhibits:

Exhibit 1: Correspondence from Counsel for Miller Paving Limited, dated March 26, 2025;
Exhibit 2: Correspondence from Counsel for Miller Paving Limited, Our Muskoka Stakeholders Association, and Leslie Carr, dated March 26, 2025; and
Exhibit 3: Correspondence from the Township, dated March 24, 2025.

11Post CMC, the Parties notified the Tribunal that a Motion Hearing on Monday, May 26, 2025 at 10 a.m. was agreed upon. The Tribunal scheduled accordingly.

12Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/638422541

Access Code: 638-422-541

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 it 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.

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 hearing by video 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 ORDERS the directions as set out in this Decision as per paragraphs [8] and [9].

17The Motion Hearing is scheduled as per paragraph [11].

18No further notice is needed.

“Gail Ross”

GAIL ROSS

MEMBER

“Douglas Colbourne”

DOUGLAS COLBOURNE

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.