Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 23, 2025
CASE NO(S).: OLT-24-001113
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Adventurous Holding Limited Appellant: Consulate Developments (Ontario) Inc. (Bridgewater on Georgian Bay) Appellant: DNRN Holdings Inc. Appellant: Huntingwood Trails (Collingwood) Ltd.; and others Subject: Proposed Official Plan Amendment Description: To institute a new official plan for Collingwood Reference Number: By-law No. 2023-095 Property Address: Township-Wide Municipality/UT: Collingwood/Simcoe OLT Case No.: OLT-24-001113 Heard: May 28, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2322254 Ontario Inc. | Max Laskin Cristin Hunt |
| 12123045 Canada Inc. | Sobiga Kamalakaran |
| Adventurous Holdings Limited | Sobiga Kamalakaran |
| Consulate Developments (Ontario) Inc. | Scott Snider Shelley Kaufman |
| DNRN Holdings Inc. | Matt Hodgson Carly Emmett |
| 2182890 Ontario Inc. c/o EDEV Inc. | Stephen Watt |
| 1549003 Ontario Inc. | Victor Vandergust |
| Huntingwood Trails (Collingwood) Ltd. | Kyle Gossen Liam Valgardson |
| Lorablue Developments Inc. | Al Burton |
| MacPherson Builders (Cranberry) Limited | Scott Snider Shelley Kaufman |
| Mason Homes (Collingwood) Limited | Matt Hodgson Carly Emmett |
| Vincent Maffei on behalf of the Estate of Grazia Maffei | Amber Stewart |
| Munro Golf Limited | Leo Longo |
| 2204604 Ontario Inc. | Alan Heisey |
| 2681199 Ontario Inc. | Leo Longo |
| 2667588 Ontario Inc. | Leo Longo |
| 2773098 Ontario Inc. | Leo Longo |
| Town of Collingwood | Steven J. O’Melia Thomas Sanderson Elizabeth Gaudet |
| County of Simcoe | Will Thomas |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON May 28, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) in respect with appeals brought by 12123044 Canada Inc. et al under subsection 17 (36) of the Planning Act, R.S.O 1990, c. P. 13, as amended, regarding the adoption of a new town-wide Official Plan (“OP”) by the Town of Collingwood (“Town”). The OP was adopted by the Town on December 11, 2023, and approved by the County of Simcoe (“County”) on September 24, 2024, with the exception of certain non-decisions identified in the County's notice of decision. The purpose of the new OP is to modernize the Town’s land use planning framework to support sustainable growth over a 20-year horizon. The Tribunal previously convened a first CMC in this matter on March 7, 2025.
Requests for Status
2The Tribunal received the Participant Statement request from Rocky Pulerà dated May 7, 2025, who is the Power of Attorney for Pina Pulerà the owner of the property legally described as PT LT 41 Concession 10, Nottawasga Part 21, Collingwood. Upon clarification with Mr. Pulerà, it was confirmed that he was not seeking Participant Status in these proceedings. Rather, his intention was to remain informed of the progress of the appeals as a person of interest. Accordingly, the Tribunal directed that Mr. Pulerà be added to the contact list to receive future correspondence related to these appeals.
3The Tribunal considered the request for non-appellant Party Status pursuant to Rule 8.3 of the Tribunal's Rules of Practice and Procedure (“Rules”). On consent, the Tribunal granted non-appellant Party Status to the following entities:
- Denis Martinek
- Di Poce Management Limited
- 1000807549 Ontario Inc.
It was noted that, as non-appellant Parties, each is required to shelter under the issues raised by the appellants. The sheltering provision under Rule 8.3 applies and limits their participation to those issues properly before the Tribunal. Counsel for the Town further reiterated that, as the Issues List is refined in advance of the hearing, non-appellant Parties must remain cognizant that some of the issues they are sheltering under may ultimately be scoped out or resolved prior to the hearing. As such, the continued relevance of those issues at the hearing of the merits is not guaranteed.
4No one else attended the CMC seeking either Party or Participant Status.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties expressed openness to resolution discussions and/or Tribunal led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
6The Tribunal was advised that certain technical studies are currently underway that may impact the finalization of issues for two of the appellants. Counsel for 1549003 Ontario Inc. advised that any necessary revisions to their client’s Issues will be submitted on consent to the Tribunal no later than September 1, 2025. Counsel for 12123045 Canada Inc. advised that any updates to their client’s proposed issues will be provided on consent to the Tribunal no later than November 7, 2025.
7The Tribunal acknowledges that the Issues List may be subject to further refinement as technical studies are completed and as the parties continue efforts to scope and consolidate the issues. Given the potential for further amendment, a finalized Procedural Order will be issued administratively once submitted to the Tribunal on consent.
8It was determined by the Tribunal that a third CMC would be required for the following purposes: to finalize the Issues List and identify the issues of the sheltering Parties; allow for the identification of any portions of the new OP not subject to appeals, which may therefore be eligible for partial approval by way of a motion; to allow the Parties to identify any potential settlements; to consider whether the scoping of issues may permit the release of some scheduled hearing days; and to receive a proposed phased Hearing Plan, which is to be submitted on consent in advance of the third CMC. The purpose of the phase hearing plan is to ensure an efficient and effective use of time.
SECOND CMC AND HEARING
9Upon request of the Parties, the Tribunal set a third CMC hearing commencing on Tuesday, September 9, 2025, at 10 a.m. by video hearing. No further Notice is required.
10Upon second request of the Parties, the Tribunal set a 25-day hearing commencing on Wednesday, April 8, 2026, at 10 a.m. by video hearing. No further Notice is required for the hearing.
Tuesday, September 9, 2025 at 10 a.m. (1-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/656004293 Access code: 656-004-293 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 656-004-293
Wednesday, April 8, 2026 at 10 a.m. (25-day Merit Hearing) GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 719-383-509
11Parties and Participants and/or Observers are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
12Parties and/or 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
14Individuals 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 to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15The Tribunal Orders that:
The date and particulars of the third CMC and hearing are set out above;
A Procedural Order shall be issued administratively once finalized and submitted on consent of the Parties;
The following were granted Non-Appellant Party status:
a. Denis Martinek
b. Di Polce Management Limited
c. 100807549 Ontario Inc.
Rocky Pulerà was noted as a person of interest; and
16The Member may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
j. inniS
MEMBER
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.
Attachment 2