Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 06, 2025
CASE NO(S).: OLT-24-000868
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant 1: Mariposa Woods Inc. and Rockcliffe Park Inc.
Appellant 2: Mariposa Woods Inc.
Appellant 3: Mariposa Woods Inc. and Sandy Beach Resort Inc.
Appellant 4: Mariposa Woods Inc. and Pigeon Lake Trails Park Inc.
Appellant 5: Black Bear Estates Inc.
Appellant 6: Flato
Appellant 7: Brian Bartley
Subject: By-law No. 2024-113
Description: To permit new Rural Zoning By-law that consolidates 14 existing in-effect zoning by-laws
Reference Number: D06-2022-06
Property Address: City Wide
Municipality/UT: Kawartha Lakes
OLT Case No.: OLT-24-000868
OLT Lead Case No.: OLT-24-000868
OLT Case Name: Mariposa Woods Inc. et al. v. Kawartha Lakes (City)
Heard: January 30, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Black Bear Estates Inc.
James Webster
Flato Brian Bartley Mariposa Woods Inc. Mariposa Woods Inc. and Rockcliffe Park Inc. Mariposa Woods Inc. and Sandy Beach Resort
Jessica Jakubowski Isaiah Banach (in absentia) Katarzyna Sliwa (in absentia) Kathleen M. Kinch Jenna Khoury-Hanna (in absentia) Chantal Conroy Raj Kehar (in absentia) Chantal Conroy Raj Kehar (in absentia) Chantal Conroy Raj Kehar (in absentia)
Mariposa Woods Inc. and Pigeon Lake Trails Park Inc. City of Kawartha Lakes
Chantal Conroy Raj Kehar (in absentia) Denitza Koev
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JANUARY 30, 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of appeals by Black Bear Estates Inc., Flato, Brian Bartley, Mariposa Woods Inc., Mariposa Woods Inc. and Rockcliffe Park Inc, Mariposa Woods Inc. and Sandy Beach Resort, and Mariposa Woods Inc. and Pigeon Lake Trails Park Inc. (“Mariposa”) (“Appellants”) to the new Rural Zoning By-law (“ZBL”), which essentially consolidates 14 existing zoning by-laws of the City of Kawartha Lakes (“City”).
2The 2001 amalgamation of the City resulted in one municipality, and the pre-existing 18 ZBLs remained in-effect. This has created inconsistencies and inefficiencies in dealing with City’s planning matters which affects residents, staff, developers and landowners.
3The purpose of the proposed ZBL is to a create a new comprehensive ZBL for the City’s rural areas that aligns with the current Official Plan (“OP”), reflects contemporary zoning practices, and consolidates 14 existing in-effect ZBLs.
4The effect of the Rural Zoning By-law will be one updated and harmonized ZBL that applies to all lands outside of the Urban Settlement Areas of Bobcaygeon, Fenelon Falls, Lindsay, and Omemee, as delineated in the City OP. The proposed Rural ZBL excludes lands subject to the Oak Ridges Moraine ZBL No. 2005-133.
5The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
MEDIATION
6The Tribunal reminded the Parties that, should they reach a point where a Tribunal-led mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
PARTICIPANT STATUS REQUEST
7Prior to the CMC, the Tribunal received one Participant Status request. Jeffrey Armitage stated that he disagrees with Rural ZBL amalgamation. The Tribunal granted his request. Jeffrey Armitage is the sole Participant in the proceedings.
CMC, HEARING, PROCEDURAL ORDER AND ISSUES LIST
8At the CMC, Ms. Koev proffered that the City is taking the position that it would be best to separate the appeals (“Appeals”) into four proceedings for the reason being that each of the Appeals deals with site specific matters or matters that are unrelated to the other Parties and would have different witnesses. In addition, Ms. Koev stated that the reason the City would like to have those Appeals separated is because the City would like to have un-appealed portion of ZBL in effect as soon as possible. She provided that the only Appeal that deals with City-wide issues is the Appeal of Mr. Bartley. Further, she mentioned that Flato may have an interest in those matters, however they are having that discussion with the City.
9Ms. Jakubowski set out that the Flato appeal is site-specific and City-wide, in part. Ms. Jakubowski identified that Flato may have an interest in the Mariposa Appeals.
10The City and Mariposa requested for the Tribunal to consolidate Mariposa’s Appeals, as the issues, evidence, and witnesses are virtually identical for the four Appeals. No other party raised an objection to the request. The Tribunal granted the request and ordered that the Mariposa Appeals be heard together. The Tribunal will make a determination regarding Flato’s request for Party Status in the Mariposa Appeal proceedings at the second CMC.
11It was brought to the Tribunal’s attention that two of the Appellants – Brian Bartley and Black Bear Estates Inc. – would like to set Hearing dates. The other Parties, Flato and Mariposa, are having productive discussions and would like to schedule a second CMC.
12Ms. Koev mentioned that the City is preparing a list of the sections that are under the Appeal with the various Parties. The City has not decided if they will be submitting a draft Order with the assigned Case Coordinator together with an affidavit and dealing with it in writing, or, if it will bring a Motion at the second CMC in order to approve portions of the ZBL not under the Appeal.
13The Tribunal directed Brian Bartley and Black Bear Estates Inc. to submit a Draft Procedural Order (“DPO”) and Issues List (“IL”) on or before February 14, 2025.
14The Tribunal directed Flato and Mariposa to submit a DPO and IL on or before March 18, 2025.
15The second CMC is scheduled to take place on Friday, March 28, 2025 at 10 a.m.
16Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
17Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
18Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 709-076-365.
19A four-day Merit Hearing for Brian Bartley is scheduled to commence on Tuesday, July 15 to Friday, July 18, 2025.
20Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
21Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
22Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 979-388-733.
23A two-day Merit Hearing for Black Bear Estates Inc. is scheduled to proceed on Wednesday, July 30 and Thursday, July 31, 2025 at 10 a.m.
24Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
25Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
26Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 979-388-733.
27Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
28The Tribunal directives above are so ordered.
29This Member is not seized.
30There will be no further notice.
“P. Tomilin”
p. tomilin
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.