Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 23, 2026
CASE NO(S).:
OLT-25-000681
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Daniel Bornstein (Worldpeace Consulting Corp.)
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a total of 55 residential units within a previously approved building on a mixed use property
Reference Number:
ZBA-34/24
Property Address:
3 Ferndale Road, Port Carling
Municipality/UT:
Muskoka Lakes/Muskoka
OLT Case No.:
OLT-25-000681
OLT Lead Case No.:
OLT-25-000681
OLT Case Name:
Bornstein v. Muskoka Lakes (Township)
Heard:
March 9, 2026 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
Daniel Bornstein (Worldpeace Consulting Corp.) ("Applicant/Appellant")
Self-represented
Township of Muskoka Lakes ("Township")
Ed Veldboom*
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON MARCH 9, 2026 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) regarding the property municipally known as 3 Ferndale Road, Port Carling (“Subject Property”). The Applicant/Appellant applied to the Township seeking a Zoning By-law Amendment (“ZBA”) to rezone the Subject Property from a C3 zone to a C3 zone with an exception to permit a maximum number of 55 residential units (13 units currently permitted), reduce the total number and width of required parking spaces, and permit an elevator within the required side yard setback. The Applicant/Appellant launched the appeal to the Tribunal due to a non-decision by the Township within the legislatively prescribed time period.
2The Subject Property has a total lot area of .4 hectares and currently has a commercial building and a paved parking area. A minor variance appeal and settlement was heard by the Tribunal and granted in February 2023. The minor variance permits a mixed-use building with a height of 54 feet (five storeys) for the Subject Property.
CMC
3The Parties provided an update to the Tribunal and indicated that they are interested in working toward a settlement as they did with the previous minor variance appeal. At this point, the Township requested additional time so that they could re-engage with the District of Muskoka staff regarding this application before discussing a potential resolution. The Applicant/Appellant is concerned with additional delays but was satisfied with setting a date for a second CMC soon with the expectation that it would either be used to present a settlement or set dates for a hearing of the merits.
4An Affidavit of Service dated and signed on February 6, 2026, provided notice of the first scheduled CMC in January which was adjourned and rescheduled to this date. The Tribunal issued a Notice for this CMC. Both provide satisfactory evidence that proper notice has been served, and no further notice is required. The Tribunal Notice was marked as Exhibit 1.
NEXT STEPS
5The Tribunal set the date for a second CMC to proceed by video on Thursday, May 7, 2026 at 10 a.m.
6The Parties were directed to provide an update to the Tribunal by Thursday, April 23, 2026. The Parties may request an adjournment of this CMC if additional time is required in support of settlement discussions or request that the CMC be converted to a settlement hearing. In the case that they are not proceeding toward a potential settlement, they are expected to submit a draft Procedural Order and attend the CMC prepared to set dates for a hearing of the merits.
7Parties 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/638422541
Access code: 638-422-541
8Parties 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
9Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-free) + 1-888-299-1889. The access code is: 638-422-541.
10Individuals 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.
11As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
12The Tribunal is available to assist with resolving any minor issues via a teleconference if requested on consent by the Parties prior to the next CMC.
13The Member is not seized, and no further notice is required.
ORDER
14THE TRIBUNAL ORDERS THAT:
- The dates and particulars of the next CMC are set out above beginning at paragraph [5].
“Gregory J. Ingram”
GREGORY J. INGRAM
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.