Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 23, 2025
CASE NO.:
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)
BEFORE:
CARRIE HARDY
Wednesday, the 23rd
VICE CHAIR
day of April, 2025
THE TRIBUNAL ORDERS that further to the Decision issued on April 9th, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on October 20th, 2025. The Tribunal has set aside 10 days for the hearing.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
ISSUE DATE: APRIL 23 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/Upper Tier:
Huntsville / Muskoka District
OLT Case No.:
OLT-25-000056
OLT Case Name:
Leishman Developments Inc. v Muskoka (District)
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on Monday, October 20, 2025 at 10:00 a.m. Go To Meeting: https://meet.goto.com/677087597 Access Code: 677-087-597
The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, July 11, 2025 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before Friday, July 25, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Wednesday, August 6, 2025.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before Friday, September 5, 2025, the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before Friday, September 5, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Monday, September 15, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Tuesday, September 30, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before Friday, September 19, 2025, Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, October 10, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, October 10, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Summary of Procedural Dates
Date
Event
Friday, July 11, 2025
Witness List
Friday, July 25, 2025
Final day for expert witness meeting
Wednesday, August 6, 2025
Statement of Agreed Facts and Issues filed
Friday, September 5, 2025
Expert witness and witness statements due
Friday, September 5, 2025
Written participant statement due
Friday, September 19, 2025
Response to written evidence due
Monday, September 15, 2025
Hearing date confirmation
Tuesday, September 30, 2025
Visual evidence due
Friday, October 10, 2025
Joint Document Book due
Friday, October 10, 2025
Preliminary hearing plan due
Monday, October 20, 2025
Hearing
ATTACHMENT 1
PARTIES
- Approval Authority (The District Municipality of Muskoka)
Represented by:
Templeman LLP
205 Dundas Street East, Suite 200
P.O. Box 234
Belleville, Ontario K8N 5A2
Jennifer Savini
Tel: 613-966-2620
Lisa Scheulderman
Tel: 613-542-1889
- Applicant/Appellant (Leishman Developments Inc.)
Represented by:
Municipal Law Chambers
211-277 Lakeshore Road E
Oakville, ON L6J 6J3
Russell D. Cheeseman
Tel: 416-955-9529
Stephanie Fleming
Tel: 417-955-9533 ext. 106
PARTICIPANTS
- Sharlyn White and Harry Oswin
Tel: 705-783-6706
- Robin Fortunato
Tel: 705-571-7180
- Daryl McLaughlin
Tel: 705-380-2648
- Gerry Lantaigne
Tel: 705-380-1710
- Laura Kosowan
Tel: 705-789-6738
ATTACHMENT 2
ISSUES LIST
Planning
- Does the application have regard for matters of provincial interest as set out in section
2 of the Planning Act, including 2.a), c), d), f), h), j), l), o), p), s)?
Is the application consistent with the Provincial Planning Statement (2024) Sections 2.1.4, 2.1.6, 2.2.1, 2.6.1, 2.6.2, 2.6.3, 2.6.4, 3.5, 3.6.1, 3.6.4, 3.6.8, 4.1.1, 4.1.4, 4.1.6, 4.1.7, 4.1.7, 4.2.1, 4.5.2.4, 4.5.2.5, and 4.6.2?
Is the proposed residential development suitable for the provision of appropriate sewage and water services, as set out in Section 2.6.1 of the PPS (2024)?
Can the proposed residential development be sustained by rural service levels, as set out in Section 2.6.2 of the PPS (2024)?
Is the proposed development appropriate to the infrastructure that is planned or available, and does it avoid the need for uneconomical expansion of this infrastructure, as set out in Section 2.6.3 of the PPS (2024)?
Does the proposed development minimize constraints on agricultural and other resource-related uses, as set out in Section 2.6.4 of the PPS (2024)?
Does the application conform with the District of Muskoka Official Plan policies C.1.1, C1.3, C1.4, C1.5, D15.5, H1.2.3.3.1, H1.2.3.3.3, J3.1, J3.3, J3.5.1d), J3.5.1e), J3.5.1g), and J3.5.2?
Does the application establish conformity with the District of Muskoka Growth Strategy?
Does the proposed development demonstrate long-term environmental, social, and fiscal sustainability in accordance with Section J3.5.1e) of the Muskoka Official Plan?
Does the application consider the objectives for estate residential lot creation in rural areas outlined in Section J3.5.1g) of the Muskoka Official Plan?
Does the application conform with the Town of Huntsville Official Plan policies, Part B 2.2, Part B 2.3, Part B 2.4, Part B 2.5, Part C 8.2.4, Part C 8.2.5, Part C 8.2.9, Part C 8.2.10, Part C 8.4, Part C 8.8, Part C 8.8.6, and Part E 2.4.5?
Can the application be characterized by extremely low-density development on large lots as described in Part C 8.2.4 and 8.2.5 of the Huntsville Official Plan?
Does the application represent development that preserves the rural character of the town, as described by Part C 8.2.9 and 8.2.10 of the Huntsville Official Plan?
Does the application demonstrate conformity to the estate residential development criteria set out in Section 8.8.2 of the Town of Huntsville Official Plan?
Is the proposed development in proximity to the uses described in Section 8.8.3 of the Huntsville Official Plan, where estate residential development is deemed inappropriate?
Do the proposed lot sizes and frontages conform to new lot policies as described in the Huntsville Official Plan Part C 8.8.6 and Muskoka Official Plan Section J3.5.2?
Environment
Is the application premature due to unresolved concerns raised by the peer reviewer of the Environmental Impact Study in accordance with the Muskoka Official Plan Section C1.3, and PPS (2024) Section 4.1?
Does the supporting documentation adequately address the impact of the development in accordance with Part B 2.2, Part B 2.3, Part B 2.4, Part B 2.5 of the Town of Huntsville Official Plan, Section C1.3 of the Muskoka Official Plan, and Section 4.1 of the PPS (2024) and satisfy the concerns raised by the peer reviewer?
Hydrogeology
- Is the application premature in that it lacks as hydrogeological study in accordance with
Section D15.5a)iv)1) of the Muskoka Official Plan and Part E 2.4.5 and Part C 8.8.7 of the Town of Huntsville Official Plan?
- Is the application premature in that it lacks the completion of a D-5-4 and a septic
suitability assessment to address the peer reviewers’ concerns?
- Does the supporting documentation adequately address Section D15.5 of the Muskoka Official Plan and Part E 2.4.5 and Part C 8.8.7 of the Town of Huntsville Official Plan and satisfy the concerns raised by the peer reviewer?
Mineral Resources
- Is the application premature in that it lacks an aggregate assessment in accordance
with Section H1.2.3.3.1 and H1.2.3.3.3 of the Muskoka Official Plan?
- Does the application demonstrate that development activities would not preclude or hinder the establishment of new operations or access to aggregate resources, in accordance with Section 4.5.2.4 and 4.5.2.5 of the PPS (2024), Part C 8.4 of the Town of Huntsville Official Plan, and Section H1.2.3.3.1 and H1.2.3.3.3 of the Muskoka Official Plan?
ATTACHMENT 3
ORDER OF EVIDENCE
Leishman Developments Inc.
District of Muskoka
Leishman Developments Inc., in reply