Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2025
CASE NO(S).: OLT-24-000348
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lakeshore Developments (Thunder Bay) Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of 24 residential units, 2 other units, and a green space.
Reference Number: Z2-21
Property Address: Lot 1-12 and Blocks 13-24 Registered Plan 55M-639
Municipality/UT: Shuniah/Thunder Bay
OLT Case No.: OLT-24-000348
OLT Lead Case No.: OLT-24-000348
OLT Case Name: Lakeshore Developments (Thunder Bay) Inc. v. Shuniah (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lakeshore Developments (Thunder Bay) Inc.
Subject: Plan of Subdivision - Refusal by Approval Authority
Description: To permit the development of 24 residential units, 2 other units, and a green space.
Reference Number: SD1-22
Property Address: Lot 1-12 and Blocks 13-24 Registered Plan 55M-639
Municipality/UT: Shuniah/Thunder Bay
OLT Case No.: OLT-24-000349
OLT Lead Case No.: OLT-24-000348
Heard: September 15 and 16, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lakeshore Developments (Thunder Bay) Inc. | Matthew Pascuzzo |
| Municipality of Shuniah | Anne-Marie McKitrick |
| City of Thunder Bay | Michael Grimaldi |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON SEPTEMBER 16, 2025 AND ORDER OF THE TRIBUNAL
1This Decision arises from the commencement of the Merit Hearing of appeals brought pursuant to s. 34(11) and 51(39) of the Planning Act, from the refusal of the Municipality of Shuniah of a Zoning By-law Amendment application and a Vacant Land Condominium application (together, “Applications”). The appeals were filed by Lakeshore Developments (Thunder Bay) Inc. (“Appellant”) regarding the property legally described as Lots 1-12 and Blocks 13-24, Registered Plan 55M-639.
2A Merit Hearing was scheduled for 15 days and commenced on September 15, 2025.
3The Applications propose to replace an existing plan of residential vacant land condominium and implement further approvals to create an additional 12 lots along the shore of Lake Superior, for a total of 24 lots, with private road, parking and site-specific rezoning of certain lots and blocks to accommodate infrastructure.
4At an earlier Case Management Conference, the City of Thunder Bay was granted Party status to the appeals because of their concern with potential conflict between the proposed development and the municipal water supply system.
5In the few days before the commencement of the Merit Hearing, the Tribunal was made aware that the Appellant had circulated potential revisions to the proposed development to facilitate a possible settlement of the appeals. On the first day of the Merit Hearing, while addressing preliminary matters and before the Parties provided opening statements, the Tribunal inquired whether the Parties would benefit from additional time to discuss settlement or resolution of some of the issues. The Parties agreed to adjourn for the remainder of the day to entertain discussions with an eye to a path for resolution.
6On the return to the Merit Hearing on the second day, the Parties advised the Tribunal that they wished to adjourn the Merit Hearing and enter into formal Tribunal-led mediation. To that end, the Tribunal adjourned the Merit Hearing and referred the matter to the Case Coordinator to assist the Parties in engaging with Tribunal-led mediation.
ORDER
7THE TRIBUNAL ORDERS THAT the Appeals are adjourned sine die.
A. Mason
A. MASON
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.