Golf Vista Homes Corp. v. Muskoka (District Municipality), 2026 CanLII 12512

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 11, 2026

CASE NO(S).: OLT-25-000474

PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Golf Vista Homes Corp.

Subject: Conditions of approval of draft plan of subdivision

Description: Extend deadline for conditions of draft plan approval

Reference Number: S2000-1

Property Address: Part Lots 4-5, Concession 3 and Part Lots 3-4, Concession 4

Municipality/UT: Bracebridge/Muskoka

OLT Case No: OLT-25-000474

OLT Lead Case No: OLT-25-000474

OLT Case Name: Golf Vista Homes Corp. v. Muskoka (District Municipality)

Heard: February 2, 2026 by Video Hearing

APPEARANCES:

Parties	Counsel
Golf Vista Homes Corp, (Appellant)	Michael Cara
District Municipality of Muskoka	Jamie Clow

MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON FebruAry 2, 2026 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This appeal by Golf Vista Homes Corp. (“Applicant”) concerns a request to extend the lapsing date of a draft approved plan of subdivision for lands legally described as Part Lots 4-5, Concession 3, and Part Lots 3- 4, Concession 4, in the Town of Bracebridge (“Town”), District Municipality of Muskoka (“District”).

2The plan of subdivision was originally draft-approved in 2000 and has been amended and extended on multiple occasions since that time. The Applicant acquired ownership of the Subject Lands in 2017. In November of 2024, the Applicant applied to the District for a further extension of the draft plan approval, which was scheduled to lapse on June 25, 2025.

3The District deemed the application incomplete due to the absence of required updated supporting studies and did not grant a further extension. As a result, the Applicant appealed the District’s decision pursuant to subsection 51(43) of the Planning Act (“Act”), seeking an extension of the draft plan of subdivision approval.

PROCEDURAL MATTERS

4The Tribunal is satisfied that notice was properly given. An affidavit of service was marked as Exhibit 1, and no issues with service were raised. Further, no persons attended seeking either Party or Participant status.

BACKGROUND

5The matters before the Tribunal related to two issues arising from the Applicant’s appeal. First, the Parties sought an order deeming the lapsing provision in Draft Plan of Subdivision File S.2000-01 not to have lapsed and extending the draft plan approval for a further two years, to commence from the date of this Decision and Order.

6Second, the Parties sought approval of a consolidated and revised set of draft plan conditions. Due to the age of the original approval and the numerous extensions, amendments and red-line revisions over time, the existing conditions had become difficult to interpret. The revised conditions provide a clear, consolidated version of the approval, with the addition of updated requirements at specified milestones, including phasing and the submission of updated supporting studies, to ensure the orderly continuation of the development.

7Disposition of the matter has come before the Tribunal as a settlement motion. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:

i. the uncontested opinion evidence of Lisa Marden, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in her comprehensive affidavit sworn January 30, 2026 (marked as Exhibit 2);

ii. the Parties’ oral submissions in support of the settlement; and the Minutes of Settlement between Golf Vista Homes Corp. and the District Municipality of Muskoka, dated January 16, 2026 (marked as Exhibit 3).

Decision and order

8The Tribunal understands that the aforementioned sworn affidavit evidence of Ms. Marden reflects revisions to the application before the Tribunal that were reached through the cooperative efforts of the Parties.

9Having regard to the evidence before it, the Tribunal finds that the proposal meets the applicable legislative and policy framework. The development is located within a designated urban centre where growth is intended to be focused and is proposed on full municipal water and wastewater services, consistent with the matters of provincial interest in s. 2 of the Planning Act relating to the orderly development of safe and healthy communities and the efficient provision of infrastructure and services.

10The proposal is consistent with the Provincial Planning Statement, 2024, including policies directing growth to settlement areas, requiring orderly phasing aligned with the timely provision of infrastructure and public services, and promoting development on full municipal servicing. The proposal conforms to the Muskoka Official Plan, which directs residential growth to urban centres, supports sustainable development and healthy communities, and contains policies respecting natural heritage and species at risk. Initial supporting studies have been reviewed, and the revised draft plan conditions appropriately require updated environmental and technical studies prior to subsequent phases, ensuring continued conformity as development proceeds. The proposal also conforms to the Town of Bracebridge Official Plan, which identifies the subject lands within a major settlement area, and the implementation of the development through subdivision agreements for each phase will address detailed design, servicing, stormwater management, and related matters.

11Therefore, the Tribunal finds that the revised draft plan conditions, including milestone requirements and updated technical studies at specific phases, provides a clear and consolidated framework for the implementation of the plan. These revisions help ensure that the development proceeds in an orderly and timely manner, while maintaining compliance with applicable policy and technical standards.

12The Tribunal accepts the opinion evidence of Ms. Marden as presented in her affidavit and similarly finds that the subject application, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, conforms to the District’s Official Plan and the Town’s Official Plan, and otherwise reflects principles of good land use planning.

13THE TRIBUNAL ORDERS THAT:

1. the appeal is allowed, and the conditions are amended as set out in the Attachment 1 to this order;

2. the Draft Plan of Subdivision File S2000-1 is hereby deemed to have not lapsed and is extended to Friday, February 11, 2028, two/2 years from the date of this Decision’s issuance;

3. the District of Muskoka shall have the authority to clear the conditions set out in Attachment 1 and to administer final approval of the plan of subdivision for the purposes of subsection 51 (58) of the Planning Act;

and, that:

4. the Tribunal may be spoken to should a matter arise in connection with the implementation of this Order.

“J. Innis”

j. inniS

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.

ATTACHMENT 1

PLAN OF SUBDIVISION FILE S2000-1

(Muskoka Highlands)

Revised Conditions Draft Plan Approval

Part A - Approval

Plan of Subdivision File S2000-1 (Muskoka Highlands) is approved subject to Parts B, C, and D herein.

Part B - Conditions

General Conditions

1. This approval applies to Plan of Subdivision File S2000-1 (Muskoka Highlands), prepared by Wayne Simpson and Associates, dated August 8, 2000, certified by John Hiley, Ontario Land Surveyor, on March 4, 2000 and redlined on February 12, 2021 showing a total of 182 lots and 10 blocks on Part of Covered Bridge Trail and Part of Lankin Avenue, and Part of Blocks 40, 44, 114, 162, 164, and 167, Registered Plan 35M-625, Part of Lankin Avenue, Lot 15, and Block 16 Registered Plan 35M-648, Township of Monck, Town of Bracebridge, District of Muskoka.

2. The plan of subdivision shall be finalized in the seven (7) phases as set out on the draft approved plan and detailed below:

Phase 1 – Lots 1-20; Block 21 (35M-686)

Phase 2 – Lots 22-31; 181-192, and Block 31 (35M-703)

Phase 3 – Lots 133 -136; 173 -180

Phase 4 – Lots 137-172

Phase 5 – Lots 33-45; 49-55; 122-132, and Blocks 46-47

Phase 6 – Lots 56-73; 75-79; 82-93, and Blocks 74, 80 and 121

Phase 7 – Lots 81; 95-106; 108-120, and Blocks 48, 94 and 107.

Prior to final approval of any phase, the District Municipality of Muskoka shall be satisfied that sufficient water and sewage capacity is available and confirmed by the District Municipal Agreement(s).

In addition, the District Municipality of Muskoka and the Town of Bracebridge shall be satisfied that any previously registered phase has been substantially constructed (80% of building permits have been issued), has been serviced by municipal water and sewer services, and that any required infrastructure has been installed.

3. The road allowances included in this plan of subdivision shall be dedicated as public highways and the road shall be designed, constructed, and named to the satisfaction of the Town of Bracebridge.

4. Prior to final approval of Phase 4, a 5.0 metre (16.4 foot) road widening across the entire South Monck Drive frontage of the subject lands shall be dedicated to the Town of Bracebridge for future road widening purposes.

5. Easements as may be required for access, pedestrian walkways, utilities, drainage or other purposes shall be granted to the Town of Bracebridge and any other authority or party.

6. Prior to final approval of any phase being granted, The District Municipality of Muskoka shall be provided with a copy of the final plan in digital format, including road centrelines, in accordance with The District of Muskoka Draft and Final Plan of Subdivision/Condominium Description Digital Submission Requirements.

7. Prior to final approval being granted and prior to the submission of the proposed internal road names to the Town of Bracebridge for approval purposes, the names shall be submitted to The District Municipality of Muskoka for 911 verification.

8. Prior to final approval of any phase, an Active Transportation Plan shall be developed to the satisfaction of the Town which outlines the active transportation linkages within the phase of the subdivision being registered and linkages to external existing or proposed routes.

9. Prior to final approval of Phase 3, the proposed uses of Block 74 and Block 107 shall be confirmed.

Parkland

10. Prior to final approval of any phase, the land dedication or the payment in lieu requirements of the Town of Bracebridge pursuant to the Planning Act, R.S.O. 1990, as amended, shall be satisfied.

Zoning

11. Prior to final approval of Phase 3 being granted, the property included in this plan of subdivision shall be zoned in the following manner:

i) The lots shall be zoned for their intended residential use;

ii) The zoning shall prohibit the location of buildings or structures, except fences, within 40 feet of the rear lot line on lots 37 to 43 and 49 to 73, inclusive; and

iii) The blocks shall be zoned for their intended open space uses.

12. Prior to final approval of any phase being granted, the Town of Bracebridge shall confirm that the final plan is in compliance with the zoning by-law in effect.

Infrastructure

13. Prior to final approval of any phase being granted, four copies of a detailed report(s), prepared by a qualified engineer, addressing stormwater management, construction mitigation, and municipal water and sewer services shall be submitted to The District Municipality of Muskoka. The report(s) shall be circulated by The District Municipality of Muskoka to the Town of Bracebridge for their review and comment.

In addition, one (1) of the following documents shall also be provided to the satisfaction of The District Municipality of Muskoka for any applicable works, including but not limited to stormwater management:

i) An Environmental Compliance Approval (ECA) for the project(s) shall be obtained from the Provincial Ministry with jurisdiction; or

ii) Written confirmation from the Provincial Ministry with jurisdiction exempting the project(s) from the requirement to obtain an ECA; or

iii) A written opinion, stamped and signed by a Professional Engineer, that confirms that the project(s) meet the specific exemptions outlined in the applicable legislation/regulations.

14. Prior to final approval of any phase, hydraulic modelling of both water and sewer services shall be completed and any required improvements of modifications to either the subdivision design or the municipal water and sewer services shall be implemented to the satisfaction of The District Municipality of Muskoka.

15. Prior to final approval of each phase being granted, a lot grading plan and street lighting design shall be submitted to the satisfaction of the Town of Bracebridge.

Archaeological/Cultural Heritage

16. Prior to final approval of Phase 4 being granted, or any site alteration being undertaken, whichever is the earliest, a cultural heritage resource assessment of the subject lands shall be undertaken to the satisfaction of the Provincial Ministry with jurisdiction.

Environment

17. Prior to final approval of Phase 3 being granted, an Environmental Impact Assessment prepared by a qualified professional shall be submitted to The District Municipality of Muskoka and peer reviewed at the cost of the applicant as well as circulated to the Provincial Ministry with jurisdiction over species at risk if required and any recommendations of the Assessment, peer review, and/or from the Provincial Ministry with jurisdiction implemented to the satisfaction of The District Municipality of Muskoka and the Town of Bracebridge, as required.

Area Municipality Subdivision Agreement

18. Prior to final approval of any phase being granted, a subdivision and/or amending agreement with the Town of Bracebridge in accordance with Section 51(26) of the Planning Act, R.S.O. 1990, as amended, shall be registered on title and shall include provisions outlining the need to satisfy all the requirements, financial and otherwise, of the Town of Bracebridge including but not limited to the following:

i) the provision of roads and sidewalks;

ii) the provision of drainage easements;

iii) the implementation of Condition 4, as required;

iv) the implementation of Condition 10, as required, including the removal of refuse on lands to be dedicated;

v) the provision of cost and as-built information with respect to asset/infrastructure inventories of the Town;

vi) the implementation of the Plan required in Condition 8, as required;

vii) the implementation of Condition 9, as required; and

viii) the implementation of the recommendations of the assessment and peer review required in Condition 17, including any recommendations from the Provincial Ministry with jurisdiction over species at risk.

19. The subdivision agreement shall contain a provision or provisions in wording acceptable to the Town of Bracebridge which will:

i) require the implementation of the plans required in Condition 13 under the supervision and to the satisfaction of a certified professional engineer;

ii) ensure the provision of securities or other guarantees for the implementation of the plans, if necessary; and

iii) provide for the municipal dedication of any facilities or the long-term maintenance of any facilities or works constructed in accordance with the plans.

20. The subdivision agreement shall contain a provision or provisions in wording satisfactory to the Provincial Ministry with jurisdiction which implements the recommendations of the cultural heritage resource assessment required by Condition 16, as necessary.

21. Prior to Area Municipal Council’s endorsement and execution of any area municipal subdivision agreement, a copy shall be forwarded to The District Municipality of Muskoka for review and comment and potential revision, if required, related to District interests.

22. Prior to final approval being granted, The District Municipality of Muskoka shall be in receipt of a registered copy of any area municipal subdivision agreement.

District Municipal Subdivision Agreement

23. Prior to final approval being granted for any phase, a subdivision, servicing and/or amending agreement with The District Municipality of Muskoka in accordance with Section 51(26) of the Planning Act, R.S.O. 1990, as amended shall be registered on title and shall that all the requirements, financial and otherwise, of The District Municipality of Muskoka shall be satisfied, including but not limited to the following:

i) the provision for the installation of municipal water and sewer services and for the municipal assumption and operation of such services including the provision of securities, if required;

ii) the availability and allocation of sufficient municipal water and sewer capacity measured in Equivalent Residential Units (ERUs) to service the development

iii) the disposal of solid waste;

iv) the provision of a left turn stacking lane, and any other necessary works on Muskoka Road 118 at South Monck Drive;

v) The implementation of Condition 13 and Condition 14, as required.

24. Prior to final approval of any phase being granted, Initial Acceptance of the municipal water and sewer services by The District Municipality of Muskoka shall be required in accordance with Policy FI-018-2020 Securities for Development Agreements.

Clearances

25. Prior to final approval of each phase being granted, The District Municipality of Muskoka shall be satisfied that Conditions 1, 2, 5, 6, 7, 13, 14, 16, 17, 21, 22, 23, 24 and 26 1.i), 1, 2.i), 3, 4, 4.i), 8, 8.i), 10, 10.i), 14, 14.i), and 15 have been fulfilled.

26. Prior to final approval of each phase being granted, The District Municipality of Muskoka shall be advised in writing by the Town of Bracebridge that Conditions 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 20, 21 and 22 have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satified.

27. Prior to final approval of Phase 4 being granted, The District Municipality of Muskoka shall be advised in writing by the Provincial Ministry with jurisdiction that Condition 16 has been complied with to their satisfaction.

Final Approval

28. The final plan for registration must be in registrable form together with all necessary instruments or plans describing an interest in the land.

29. Prior to final approval the Director of Planning shall be satisfied that the conditions of draft approval have been fulfilled and that the final plan is in conformity with the draft approved plan.

Part C: Lapsing Provisions

The applicant must obtain municipal and agency clearance for all conditions necessary for the final approval and registration of Phases 3 (Lots 133-135; 173-180) and Phase 4 (Lots 137-172) within two (2) years from the date of issuance of the Tribunal Order. Should the applicant fail to fulfill the conditions of approval for Phase 3 and 4 within this timeframe, the approval herein granted will be automatically withdrawn pursuant to the Planning Act, R.S.O., 1990, as amended.

Should Phases 3 and 4 be final approved and registered within the above noted timeframe, annual extensions of draft approval for the remaining Phases 5-7 may be considered, up to a maximum of three (3) additional years, provided existing technical reports remain applicable or updates are provided, and that applicant demonstrates sufficient progress towards fulfillment of the conditions of approval, to the satisfaction of The District Municipality of Muskoka, which includes completions of at least three of the following actions:

• Registration of a Phase;

• Completion of a supporting technical study, as required by the conditions of draft approval;

• Submission and acceptance of final stormwater management plans;

• Submission and acceptance of final servicing drawings;;

• Formal initiation and/or execution of a municipal subdivision agreement; or

• Approval of a Zoning By-law Amendment application required to facilitate the proposed development.

Should the applicant fail to demonstrate progress, the approval herein granted shall be deemed to have lapsed on ________________, pursuant to the Planning Act, R.S.O. 1990, as amended. Draft approval shall not be extended beyond five (5) years from the date of the Tribunal order.

It is the responsibility of the applicant and/or their agent to apply for any required extensions of draft approval at least three (3) months prior to the lapsing date noted above. The District Municipality of Muskoka will forward one courtesy notice prior to the lapsing date. This notification is a best efforts courtesy only and The District Municipality of Muskoka does not assume any responsibility for notification of lapsing of approval. No further notices will be forwarded and in the event that the appropriate application and related fee are not received, the approval herein granted shall be deemed to have lapsed.

Part D – Timing of Work

Any site alteration or the installation of any works that may be the subject of any agreements required by these conditions shall not be permitted prior to the execution of such agreements. Where any such works are undertaken in violation of this clause, approval of this plan may be withdrawn as authorized under Section 51(44) of the Planning Act, R.S.O.1990, as amended.

Updated: January 16, 2026