Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 02, 2025
CASE NO(S).:
OLT-24-001183
PROCEEDINGS COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.1990, c. P.13, as amended
Applicant and Appellant:
Townline Development Holding Inc.
Subject:
Application to amend the Community Planning Permit By-law – refusal or neglect to make a decision
Description:
To permit the development of 96 residential units consisting of 47 townhouse dwellings and 22 semi-detached dwellings
Reference Number:
CPPA/21/2023/HTE
Property Address:
206 Town Line Road W
Municipality/UT:
Huntsville/Muskoka
OLT Case No.:
OLT-24-001206
OLT Lead Case No.:
OLT-24-001206
OLT Case Name:
Townline Development Holding Inc. v. Huntsville (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O.1990, c. P.13, as amended
Applicant and Appellant:
Townline Development Holding Inc.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the development of 96 residential units consisting of 47 townhouse dwellings and 22 semi-detached dwellings
Reference Number:
CPS-9-2023-8
Property Address:
206 Town Line Road West
Municipality/UT:
Huntsville/Muskoka
OLT Case No.:
OLT-24-001183
OLT Lead Case No.:
OLT-24-001183
BEFORE:
T.F. NG
Friday, the 2nd
MEMBER
day of May, 2025
THE TRIBUNAL ORDERS that the Procedural Order, attached hereto as Appendix “1” shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing scheduled to commence at 10 AM on Monday, June 9, 2025, to Wednesday, June 11, 2025 by Videoconference. The length of the hearing will be 3 days.
“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.
Appendix “1”
PROCEDURAL ORDER
- 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 June 9, 2025 at 10:00 a.m. by videoconference at the following link: https://global.gotomeeting.com/join/442599157
(Access Code: 442-599-157).
The hearing is scheduled for 3 days concluding on Wednesday June 11, 2025. 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 terms).
The issues are set out in the Issues List attached as Attachment 2. With the exception of the removal or scoping of issues as may be agreed upon between the parties, 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 by Thursday April 10, 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 Thursday April 17, 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 Friday April 25, 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 Monday May 12, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before Monday May 12, 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 Friday May 30, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Monday May 26, 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.
On or before Friday May 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 Monday June 2, 2025, the parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator.
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 Monday June 2, 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 Dates
Date
Event
Thursday April 10, 2025
Parties to exchange lists of witnesses (names, disciplines and intended order to be called)
Thursday April 17, 2025
Expert witnesses in the same field shall have a meeting
Friday April 25, 2025
Parties must prepare and file a Statement of Agreed Facts and Issues
Monday May 12, 2025
Witness Statements and Participant Statements to be exchanged
Monday May 26, 2025
Reply Witness Statements and the reply to written evidence of witnesses (if any) to be exchanged
Friday May 30, 2025
Parties to advise Tribunal whether all the Hearing days are required
Friday May 30, 2025
Visual Evidence to be exchanged
Monday June 2, 2025
Joint Document Book to be filed
Monday June 2, 2025
Preliminary Hearing Plan to be filed
Monday June 9, 2025
Hearing commences
ATTACHMENT 1 – LIST OF PARTIES AND PARTICIPANTS
PARTIES
- Townline Development Holding Inc.
Davies Howe LLP
The Tenth Floor
425 Adelaide Street West, 10th Floor
Toronto, Ontario
M5V 3C1
Meaghan McDermid / Grace O’Brien
Tel: (416) 977-7088
Email: meaghanm@davieshowe.com / graceo@davieshowe.com
- Town of Huntsville
Barriston Law 151 Ferris Lane, Suite 202
Barrie, Ontario
L4M 6C
Sarah Hahn
Tel: (705) 792-9200
Email: shahn@barristonlaw.com
- District Municipality of Muskoka
District Solicitor
70 Pine Street
Bracebridge, Ontario
P1L 1N3
Jamie Clow Tel: (705) 645-2100 Email: jamie.clow@muskoka.on.ca
PARTICIPANTS
- Susan Laing
2 Stocking Lane, Huntsville
Email: ssusan006@gmail.com
Tel: (705) 978-3344
- Karin Terziano
Address Not Provided
Email: terzianok@gmail.com
Tel: (705) 783-4088
- Anne Riebe
19 Knotty Pine Trail, Huntsville
Email: anne.marie.riebe@gmail.com
Tel: (705) 784-0705
- Alex Dussault
14 Heritage Cr, Huntsville
Email: dussault.alex@gmail.com
Tel: (705) 783-4550
- Lou and Paula D’Alessandro
210 Town Line Road W., Huntsville
Email: l.dalesandro@wightman.ca
Tel: (705) 380-5888
- Jim Harper
10 Heritage Crescent, Huntsville
Tel: (705) 788-7281
Email: jwharper@sympatico.ca
- Burkhard Mausberg
Address Not Provided
Email: burkhard@burkhardmausberg.ca
Tel: (416) 898-9510
ATTACHMENT 2 – ISSUES LIST
The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a party indicates that party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other parties the case they need to meet.
Issues of the Town of Huntsville
- Has the applicant demonstrated that appropriate mitigation measures are in place for the on-lot wetland protection buffers?
- Has the applicant demonstrated that appropriate mitigation measures are in place for the removal of swamp community G130Tt, including wildlife protection?
- Has the applicant completed the necessary environmental studies to support and justify its proposal?
- Is the proposed By-law implementation language correct and effective with regard to the site-specific exceptions?
- Are the wetlands and protective buffers fully contained within the conservation lands?
ATTACHMENT 3 – ORDER OF EVIDENCE
Townline Development Holding Inc.
District of Muskoka
Town of Huntsville
Reply of Townline Development Holding Inc. (if any)
ATTACHMENT 4 – MEANING OF TERMS
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.