Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 8, 2025
CASE NO(S).: OLT-25-000161
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant Anthony Staffieri
Subject: Application to amend the Community Planning Permit System By-law – Refusal of application
Description: To permit the development of a two-storey in-water boathouse and attached dock
Reference Number: SL-2024-010 970 Shoreview
Property Address: 970 Shoreview Drive L9S 5A7
Municipality/UT: Innisfil
OLT Case No: OLT-25-000161
OLT Case Name: Staffieri v. Innisfil (Town)
PROCEEDING COMMENCED UNDER section 12(2), O. Reg.173/16 – Refusal of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant Anthony Staffieri
Subject: Class I Development Permit
Description: To permit the development of a two-storey in-water boathouse and attached dock
Reference Number: SL-2024-010 970 Shoreview
Property Address: 970 Shoreview Drive L9S 5A7
Municipality/UT: Innisfil/Simcoe
OLT Case No: OLT-25-000539
OLT Lead Case No: OLT-25-000161
Heard: August 28, 2025, by video hearing
APPEARANCES:
Parties
Counsel
Anthony Staffieri (“Applicant/Appellant”)
Mark Flowers Grace O’Brien, co-counsel
Town of Innisfil (“Town”)
Sarah Hahn Kameron Faridani
Luke Leibel
Leo Longo
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding the appeals filed by the Applicant pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, on the refusal of the Town of Innisfil Council to amend the Town’s Community Planning Permit System Our Shore By-law 062-17 (the “CPPS By-law”) (the “CPPS Amendment Application”) and issue a Class 1 Permit.
2The Subject Property municipally known as 970 Shoreview Drive has a lot area of approximately 1.42 hectares, a lot frontage of approximately 80 metres along Shoreview Drive and a water frontage of approximately 80 metres along Lake Simcoe. The Subject Property is currently occupied by a single detached dwelling and a detached pool-related accessory structure, portions of which are currently under construction.
3The purpose of the applications is to permit an in-water boathouse and associated dock area. The Class 1 Permit Application would permit an in-water boathouse with an increased maximum length and cumulative dock area. The CPPS Amendment Application would permit increased maximum lot coverage for all accessory structures on the Subject Property, an increased maximum boathouse height, an increased maximum boathouse width, an increased maximum boathouse projection and a decreased east interior side yard setback.
4As a result of the comments from the Town and the members of the public, the Applicant filed a resubmission of the CPPS Amendment Application on December 13, 2024, which increased the interior side yard setback of the boathouse to comply with the requirements of the CPPS By-law (Revised Applications).
5The Tribunal received an Affidavit of Service dated July 28, 2025, affirmed by Ali Ahmed, confirming that Notice of this CMC was properly given and marked the Affidavit as Exhibit 1.
PARTY STATUS REQUEST
6The Tribunal received one Party Status request filed by Luke Leibel. Mr. Leibel owns property that abuts the subject property to the east. It was noted that he participated during the public processing of the application, providing both written and oral submissions to Town Staff and Council. It was noted that the Leibel property will be directly and negatively impacted by the proposed boathouse development.
7The Tribunal was informed that Mr. Leibel and his consultants have been involved in discussions with the Appellant, including participating in a private mediation session along with the Town which was unsuccessful in resolving his concerns.
8Mr. Leibel has engaged a number of professional consultants who intend to present to the Tribunal at the hearing in this matter. Mr. Leibel ensures his participation will provide different and additional evidence to that of the Town, stating that this evidence will assist the Tribunal in making an informed decision.
9No objections were raised therefore, the Tribunal granted Luke Leibel Party Status.
PARTICIPANT STATUS REQUESTS
10The Tribunal received four Participant Status requests from the following: Mark Lawee, Terry Ruch, Chris and Cathy Brand and Paul Best. There were no objections to the granting of Participant Status. The Tribunal stated that the Participant Statements received will form part of the file for the merit hearing and will be considered and weighed accordingly.
MOTION FOR DIRECTION
11A Motion for Direction was filed with the Tribunal on August 19, 2025, by Mr. Longo counsel to Luke Leibel requesting an abridgement of time for service of the Motion as well as an Order directing the delivery of requested documents and an inspection of the Appellant’s property.
12Counsel indicated that the Motion was based on Rule 9.1 of the Tribunal’s Rules of Practice and Procedure (the “Rules”), following several unanswered requests for information and access to the property. These requests were identified by Mr. Leibel’s consultants as necessary to prepare for the hearing of this matter.
13The Appellant sought an abridgement of time for service of response to the Motion, given that Mr. Leibel delivered his Motion Record on August 19, 2025, which is six days later than required by Rule 10.5 of the Rules. The Applicant also requested an Order dismissing the Motion in its entirety.
14Based on the need for more fulsome information on what specific documents are being requested and specific reasons for access to the Appellant’s land, the Tribunal directed the Parties to prepare to attend a second CMC where time will be set aside to consider the Motion. The Tribunal secured the following specific dates to ensure the Parties are clear on the delivery and exchange of documents:
Mr. Leibel is to file Revised Motion materials to the Appellant and to the Tribunal by end of business day on Thursday, September 18, 2025.
The Appellant is to file Response materials to Mr. Leibel and to the Tribunal by the end of business day on Friday, September 26, 2025.
Mr. Leibel is to file Reply materials to the Appellant and to the Tribunal by end of business day on Tuesday, September 30, 2025.
CMC HEARING
15Having granted Party Status to Mr. Leibel at this first CMC and having counsel to the Town in the midst of securing a planner, a second CMC is in order to ensure the Issues List is representative of all Parties. The Tribunal directed Mr. Leibel and the Town to forward their Issues to Mr. Flowers on or before September 19, 2025, to ensure the draft Procedural Order and Issues List are part of the discussion at the second CMC. Mr. Flowers was directed to submit, to the Case Coordinator, a copy of the draft Procedural Order and Issues List by September 26, 2025. The Parties are directed to continue discussions to scope and define the Issues to be discussed at the second CMC.
16The second CMC will commence on Friday, October 3, 2025, at 10 am by video conference.
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MEDIATION
17The Tribunal noted that Tribunal-led mediation information can be obtained through the Case Coordinator. The Parties further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
NEXT STEPS
18The Parties requested a nine-day merit hearing based on the number of witnesses expected to provide evidence. The Tribunal agreed.
19Accordingly, the Tribunal set the nine-day merit hearing to commence on Tuesday, February 17, 2026, at 10 a.m. by video conference.
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20Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections. Parties 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 GoTo Meeting, or a web application is available: https://app.gotomeeting.com/home.html
21Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is indicated above.
22Individuals 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 Video Hearing 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.
ORDERS
23THE TRIBUNAL ORDERS the granting of Party Status to Luke Leibel.
24THE TRIBUNAL ORDERS the granting of Participant Status to Mark Lawee, Terry Ruch, Chris and Cathy Brand and Paul Best.
25THE TRIBUNAL ORDERS its directions in this Decision.
26This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
27No further notice will be given.
“D. Chipman”
D. CHIPMAN
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.