Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 25, 2025
CASE NO(S).: OLT-25-000406
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: We The Shermans Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To Permit the Demolition of an Existing Cottage and Garage and Replaced with a Year-round Dwelling
Reference Number: ZA25-01
Property Address: 750 and 761 Christie Lake Lane 32D
Municipality/UT: Tay Valley/Lanark
OLT Case No.: OLT-25-000406
OLT Lead Case No.: OLT-25-000406
OLT Case Name: We The Shermans Inc. v. Tay Valley (Township)
Heard: September 9, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
We The Shermans Inc.
Michael Polowin Crystal McConkey
Township of Tay Valley
Emma Blanchard Laura Robinson (in absentia)
MEMORANDUM OF ORAL decision DELIVERED BY YASNA FAGHANI on septermber 9, 2025 and order of the tribunal
INTRODUCTION
1This is the second Case Management Conference (“CMC”) for the above-noted matter. We The Shermans Inc. (“Applicant”) filed an appeal against the Township of Tay Valley’s (“Township”) decision to refuse an application pursuant s. 34(11) of the Planning Act. The application relates to the property municipally known as 750 and 761 Christie Lake Lane 32D in the Township (“Subject Property”).
2The matter concerns the demolition of an existing cottage and garage and its replacement with a year-round dwelling.
PROCEDURAL ORDER AND ISSUES LIST
3Counsel for the Applicant submitted a draft Procedural Order (“PO”), including an Issues List (“IL”), prior to the CMC. Both parties advised that there was agreement with respect to the issues on the IL and overall dates. Counsel advised that they would like to take the opportunity to adjust the dates on the PO once a hearing date had been decided and submit a finalized PO. The Tribunal directed the parties to submit a finalized PO by September 12, 2025.
4Having received the updated PO and IL prior to the issuance of this Decision, the Tribunal has reviewed the contents and approves the PO and IL. The attached PO and IL will now be considered in force and effect to govern the proceedings of the merit hearing scheduled below. No Party is to amend the PO and IL without specific approval by the Tribunal.
MEDIATION
5The Tribunal canvassed the Parties’ interest in mediation. The parties had not yet considered mediation at this stage. The Tribunal reiterated 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
6Both parties agreed that a two-day hearing should be scheduled at this juncture, as this matter is relatively straightforward. The Appellant intends to call a planner and to summon a witness from the Township. The Township intends to call one planner.
7After considering the schedules of both Parties, a Hearing was schedule to proceed by video on Wednesday, November 12th – Thursday, November 13th, 2025.
8Parties and Participants 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/660145013;
Access code: 660-145-013
9Parties 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
10Persons 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 into an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 660-145-013.
11Individuals 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
12The Tribunal Orders that:
a. A Hearing is to be held Wednesday, November 12th, 2025, at 9 a.m.
b. The Tribunal may be spoken to in the event of any issue arising from this Order.
13There is no further notice, and the Member is not seized.
“Yasna Faghani”
Yasna Faghani
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.
Attached