du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: April 29, 2025
CASE NO(S).: OLT-24-001207 OLT-24-000747
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: OBD Development Inc., OBM Marina Inc. and OBG ; Golf Inc. (collectively “Oak Bay”)
Description: Determination of the development charges
Reference Number: By-law 2024-34
Property Address: City-wide
Municipality/UT: Georgian Bay/Muskoka
OLT Case No.: OLT-24-001207
OLT Lead Case No.: OLT-24-001207
OLT Case Name: Oak Bay v. Muskoka (Municipality)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: OBD Developments Inc., OBM Marina Inc., OBG Golf Inc. (collectively "Oak Bay")
Municipality: Township of Georgian Bay
Subject: Development Charges By-law
Description: Township of Georgian Bay Development Charges By-law
Reference Number: By-law 2024-054
Property Address: Township wide
Municipality/UT: Georgian Bay / Muskoka
OLT Case No: OLT-24-000747
Heard: April 16, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| OBD Developments Inc., OBM Marina Inc, OBG Golf Inc. (collectively “Oak Bay”) | Leo Longo |
| Township of Georgian Bay (“Township”) | Colin Leger, Alex Ciccone, co-counsel |
| District of Muskoka (“District”) | David Germain |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a second Case Management Conference (“CMC”) in respect of the appeal filed by Oak Bay, Case File OLT-24-001207 (District Appeal) and the first CMC regarding Case File OLT-24-000747 (Local Appeal) pursuant to s. 14 of the Development Charges Act, 1997 (the “Act”) against the adoption of the Development Charges By-law No. 2024-34 by the District on October 21, 2024.
CMC HEARING
2At the CMC on March 5, 2025, the Tribunal heard a request for a second CMC to discuss the option of a phased hearing approach with the Township present. The Tribunal was informed that a number of issues are common to both appeals. In an effort to avoid repetitiveness and provide for a more expeditious resolution to both appeals, the Tribunal agreed.
3The Parties on consent, requested that the merit hearing for the Local Appeal (OLT-24-000747) scheduled to begin on June 2, 2025, and the related Procedural Order, be vacated.
4The Parties proposed a phased hearing approach to address common issues to both appeals, including issues 1-3 of the District Appeal and Issues 1-4 of the Local Appeal, as set out in the appeal letters. It was estimated that a two-week hearing may be required for the first phase.
5The Parties requested two additional weeks from the date of this CMC, to finalize a Procedural Order and to confirm their availability prior to the Tribunal scheduling a hearing. The Tribunal directed the Parties to advise the Case Coordinators assigned to the individual appeals, of possible coordinated dates in the later part of fall 2025 or early in the first quarter of 2026 for the first phase of hearings.
6The Parties proposed the remainder of issues to be resolved in each of the two appeals respectively, be scheduled as separate hearings following the issuance of the Tribunal’s decision on the common issues hearing. The Tribunal agreed.
7Based on consent to this approach, the Tribunal directed the Parties to advise the Case Coordinators of possible dates for the first phase merit hearing by April 30, 2025, and provide the Tribunal a Procedural Order for the consideration within one week of setting the hearing date.
8The Tribunal noted that an internal inquiry would be made to see whether one Case Coordinator could be assigned to both cases to avoid any possible miscommunication or overlap of information.
ORDER
9THE TRIBUNAL ORDERS that the five-day merit hearing to commence on June 2, 2025, at 10 a.m. by Video Hearing and Procedural Order, be vacated.
10THE TRIBUNAL ORDERS its directions contained above in this Decision.
11This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
12No further notice will be given.
“D. Chipman”
D. CHIPMAN
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.