Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 27, 2025
CASE NO(S).: OLT-23-001240
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: OBD Developments Inc., OBM Marina Inc., & OBG Golf Inc. (collectively "Oak Bay")
Subject: Conditions of approval of draft plan of subdivision
Description: To request an extension to the approval of the draft plan and to revise the layout to incorporate a stormwater management plan within the draft plan
Reference Number: C2008-6
Property Address: Part of Lots 31 and 32, Concession 2, Baxter
Municipality/UT: Georgian Bay/Muskoka
OLT Case No.: OLT-23-001240
OLT Lead Case No.: OLT-23-001240
OLT Case Name: OBD Developments Inc., OBM Marina Inc., & OBG Golf Inc. v. Georgian Bay (Township)
Heard: January 20, 2025 by Telephone Conference
APPEARANCES:
Parties
Counsel
OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (Appellant / Applicant)
Leo Longo
District Municipality of Muskoka (“District”)
Jamie Clow
Township of Georgian Bay (“Township”)
Colin Léger
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON January 20, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (collectively “Oak Bay Developments”) are the Applicants for an appeal regarding lands legally described as Part of Lots 31 and 32, Concession 2, Baxter in the Township of Georgian Bay. These lands are known as the Waterside lands within the Oak Bay Development, which is a fully serviced residential development consisting of a variety of housing types. The appeal requests an extension of five years for the approval of Draft Plans of Subdivision, is further seeking revised conditions, and the need for a servicing agreement.
2Disposition of the matter came before the Tribunal as a settlement and on July 29, 2024, the Tribunal Ordered the appeal was allowed, in part, and the Draft Plan, prepared by J.D. Barnes, dated June 16, 2021, and revised on July 24, 2023, comprising Part of Lots 31 and 32, Concession 2, Baxter, was approved, subject to the fulfillment of conditions.
3The Tribunal granted the Parties’ request that the five-day Merit Hearing is scheduled to commence on November 25, 2024, which will remain on the Tribunal’s calendar, in case the conditions were not fulfilled, warranting further adjudication. There were two conditions that required OBD Developments to enter into a separate supplemental development agreement with both the District and the Township. To date, the District agreement has been negotiated. However, the Township agreement remains unresolved.
4Following the Tribunal's Decision, a joint request was made to adjourn the November 25, 2024, Hearing and reschedule it for February 2025, to allow the Parties additional time to finalize the outstanding agreement between the Township and OBD Developments. As a result, the five-day Hearing was adjourned and rescheduled to commence on February 3, 2025. At the request of the Parties, the Tribunal held a Telephone Conference, in which the Township requested to adjourn the Hearing sine die to allow for a Motion Hearing to address the Tribunal's jurisdiction over the outstanding development agreement between the Township and OBD Developments.
5As such, the Tribunal determined it would be appropriate to adjourn the Merit Hearing scheduled to commence on February 3, 2025, and to use that time to hold a two-day Motion Hearing scheduled to commence on February 6, 2025, to resolve the question of jurisdiction. The following timelines were agreed upon for the Motion Hearing:
January 24, 2025: Township to submit motion materials as per the Tribunal's Rules of Practice and Procedure (“Rules”) 10.4;
January 31, 2025: Applicant to submit response as per Rules 10.6;
February 4, 2025: Township to submit reply materials.
6Additionally, the Parties consented to the scheduling of a Case Management Conference by the Tribunal, to address concerns raised by the Parties regarding the approved amenity space within the Decision, and to determine a Procedural Order and Issues List if necessary, dependent on the outcome of the Motion Hearing.
MOTION HEARING AND CMC
7Upon request of the Parties, the Tribunal set a 2-day Motion Hearing commencing on Thursday, February 6, 2025, at 10 a.m. by Video Hearing. No further Notice is required for the hearing.
8Parties and Participants 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.
GoTo Meeting: https://meet.goto.com/943363669
Access code: 943-363-669
9Upon request of the Parties, the Tribunal set a CMC hearing commencing on Monday, March 17, 2025 at 10 a.m. by Video Hearing. No further Notice is required.
10Parties and Participants 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.
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
11Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
12Persons 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.
13Individuals 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.
14So is the Order of the Tribunal.
15The Member remained seized.
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.