Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 12, 2026
CASE NO.: OLT-24-000035
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant: Township of Muskoka Lakes
Appellant: Elizabeth Lippa Anthony Lippa
Appellant: Leslie Carr
Appellant: Miller Paving Limited
Appellant: Our Muskoka Stakeholders Association
Subject: Proposed Official Plan Amendment
Description: Adoption of the Township of Muskoka Lakes Official Plan
Reference Number: 2022-171/PLN-7-14/09/23
Property Address: Township Wide
Municipality/UT: Muskoka Lakes/Muskoka
OLT Case No.: OLT-24-000035
OLT Lead Case No.: OLT-24-000035
OLT Case Name: Miller Paving Limited et al. v. Muskoka (District)
BEFORE:
GREGORY J. INGRAM
Monday, the 19
MEMBER
day of February, 2026
THIS MATTER, having come before the Tribunal for a hearing, in writing, on February 19, 2026;
THE TRIBUNAL having received an appeal from Leslie Carr, on a site-specific basis, related to proposed section E7 (recreational carrying capacity) and related policies B8.6 (minimum lot frontage), E4.4.2 (steep sloes)) and E4.2.3.3 (causation study) of the new Township of Muskoka Lakes (the “Township”) Official Plan (“Official Plan”) to allow for the creation of an additional lot on lands she owns municipally known as 2 St. Joseph Street in Port Carling (the “Appeal”);
AND THE TRIBUNAL recognizing that portions of the Official Pan remain under appeal;
AND THE TRIBUNAL having been advised by the Parties that there is a settlement between them resolving the Appeal;
AND THE TRIBUNAL also having received and considered material from the Parties, including but not limited to:
i. Affidavit of Stefan Szczerbak, sworn on February 12, 2026
ii. Draft Official Plan Amendment, Policy M12
AND THE TRIBUNAL, having accepted the uncontradicted planning opinion evidence of Stefan Szczerbak, who based on his experience and knowledge as a Registered Professional Planner and Member of the Canadian Institute of Planners, provided expert opinion evidence in the field of Land Use Planning, with respect to the revisions to the agreed upon OPA specific to the Subject Lands;
AND THE TRIBUNAL finding that they are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario, the District and the Township including:
i. The Planning Act, R.S.O. 1990, c. P.13;
ii. The Provincial Planning Statement, 2024;
iii. District of Muskoka Official Plan (“DMOP”);
iv. The Township of Muskoka Lakes Official Plan (“TMLOP”);
AND THE TRIBUNAL having considered the opinion evidence in the Affidavit of Stefan Szczerbak and determined that the OPA Appeal be allowed, given that the Proposed Development:
Has regard for the provincial interests set out in Section 2 of the Planning Act, as it permits orderly development, protects natural features, the protection of water quality, resolves conflicts between public and private interests and is an appropriate location for growth and development. Orderly development is promoted through such planning decisions as increased setbacks which also protects the water quality and natural shorelines. The proposed Minutes of Settlement resolve an application that has been the subject of several years of discussions and consultations.
Is consistent with the PPS 2024. The permitted uses for the Subject Lands include resource-based recreational uses and residential development and includes lot creation which is consistent with Section 2.6.1 of the PPS 2024. Sections 4.1 and 4.2 of the PPS 2024 refer to the protection of natural features and the protection of quality and quantity of water. The proposed settlement requires that any future severance and/or rezoning applications include a “comprehensive and structured” review process related to scope, design and technical details of any proposed development. This may include supporting technical studies by a qualified professional ecologist. Future applications also require a public process and input from other public agencies.
Conforms with the general intent of the DMOP and the MLOP. The DMOP acknowledges the importance of “social carrying capacity” and sets out the framework for municipal official plans to address development criteria including policies related to slopes. The proposed settlement agreement permits site specific policies related to recreation carrying capacity, steep slopes and causation study in the TMOP. The settlement addresses these policies through a future severance application which requires technical studies (scoped environmental impact study), wildfire risk assessment and site-specific sewage service assessment for both any severed and retained lands. The requirement of a future ZBA application also conforms with and meets the general intent of the MLOP. A ZBA would request rezoning to the appropriate Waterfront Residential (highly sensitive) zone. Should Silver Lake continue to be included on Schedule 2 (Blue Green Algae blooms) the Subject Lands would have to adhere to “enhanced protection policies” set out in the DMOP.
The OPAs are appropriate and represent good planning as they allow a severance application to move forward that began with discussions before the new MLOP was contemplated or enacted. The amendments resolve a conflict related to RCC while respecting the required public processes, input from the public and agencies while allowing the Township to consider applications specific to a redevelopment proposal. The protection of the natural environment, public safety and water quality is addressed through the requirement that any proposed development adhere to appropriate technical studies.
AND THE TRIBUNAL finding that, based on the above, and on the material submitted and based on the agreed upon settlement agreement, the appeal warrants approval.
NOW THEREFORE,
THE TRIBUNAL ORDERS THAT
- The appeal is allowed, and the Official Plan for the Township of Muskoka Lakes is amended as set out in Attachment 1 to this Order.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
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
M12 SPECIAL SITE POLICY AREA 12 – PART OF LOTS 33 AND 34, CONC. 3
(MEDORA)
Subject Lands
The lands subject to this Special Site Policy Area 1 are described as Part of Lots 33 and
34, Concession 3, in the former Township of Medora, now in the Township of Muskoka
Lakes and more particularly described as Part of Lots 88 and 89 and Part of Silver
Street, Plan 1, and Part 1, Plan 35R-12437, as shown on Schedule D.
Background and Purpose
This Special Site Policy areas was approved by the Ontario Land Tribunal (OLT File -24- 000035). The purpose of this Amendment is to exempt the subject lands from Policies E7, E4.4.2. and E4.2.3.3.
The Policy
Notwithstanding Policies E7, E4.4.2 and E4.2.3.3 of the Official Plan of the Township of
Muskoka Lakes, should an owner of the subject lands identified as Part of Lots 33 and
34, Concession 3, in the former Township of Medora, now in the Township of Muskoka
Lakes and more particularly described as Part of Lots 88 and 89 and Part of Silver
Street, Plan 1, and Part 1, Plan 35R-12437, shown on Schedule D, make application for
a consent to sever a single lot from the subject lands, the subject lands may be
subdivided by creating one new lot that fronts onto a waterbody
a) such application or the severed (additional) lot to be created shall not be subject to
the requirements of Policy E7 or E4.2.3.3;
b) notwithstanding section E4.4.2, such severed lot may be permitted to have a water
frontage of not less than 91 metres.
Implementation
A Severance/Consent Application to subdivide the subject lands shall be accompanied
by the following supporting technical studies, in a form and content satisfactory to the
Township:
a) a scoped Environmental Impact Study to address fish and deer wintering habitat
and potential enhanced protection requirements (Policy C2.6.7.1 of the District of
Muskoka Official Plan, the “District Plan”);
b) a Wildland Fire Risk Assessment;
c) a site-specific sewage service assessment for the subject lands addressing both
the proposed retained and severed lot in accordance with Policy C2.6.7.1 of
the District Plan should Silver Lake remain on Schedule E2 to the District Plan;
all of the foregoing to be prepared by qualified professionals; and
d) a concurrent Zoning By-law Amendment Application the purpose of which is to
provide for an exemption to create a lot from lands currently zone WR4 and to
implement any recommendations of the Supporting Reports as applicable.