Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 29, 2026
CASE NO(S).: OLT-24-001113
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Adventurous Holding Limited
Appellant: Consulate Developments (Ontario) Inc. (Bridgewater on Georgian Bay)
Appellant: DNRN Holdings Inc.
Appellant: Huntingwood Trails (Collingwood) Ltd.; and others
Subject: Proposed Official Plan Amendment
Description: To institute a new official plan for Collingwood
Reference Number: By-law No. 2023-095
Property Address: Township-Wide
Municipality/UT: Collingwood/Simcoe
OLT Case No.: OLT-24-001113
OLT Lead Case No.: OLT-24-001113
OLT Case Name: Maffei v. Simcoe (County)
Heard: April 22, 2026 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Huntingwood Trails (Collingwood) Ltd. | Kyle Gossen Liam Valgardson |
| 12123045 Canada Inc | Sobiga Kamalakaran |
| Adventurous Holdings Limited | Sobiga Kamalakaran |
| Vincent Maffei on behalf of the Estate of Grazia Maffei | Amber Stewart |
| Consulate Developments (Ontario) Ltd. | Shelly Kaufman |
| County of Simcoe | Will Thomson Alex Freeman |
| Town of Collingwood | Thomas Sanderson |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON APRIL 22, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This appeal arises from the adoption of a new Official Plan by the Town of Collingwood (“Town”) on December 11, 2023, and its approval by the County of Simcoe (“County”) on September 24, 2024, save and except for certain non-decisions identified in the Notice of Decision. Multiple appeals were filed pursuant to s. 17(36) of the Planning Act (“Act”). The matter is before the Tribunal with respect to a proposed partial settlement of the issues raised by the appellant, Huntingwood Trails (Collingwood) Ltd. (“Appellant”).
BACKGROUND
2The appeal pertains to lands municipally known as 5 Silver Creek Drive (“Subject Lands”). The Subject Lands, comprised of the East Lands and West Lands, are subject to an established site-specific policy framework originating from an Official Plan Amendment approved by the former Ontario Municipal Board in 2014, which established development areas, environmental protection lands, and associated policies governing permitted uses, density, servicing, and environmental constraints.
3The modified Official Plan retains this framework through updated land use designations and area-specific policies applicable to the Subject Lands. The lands have also been the subject of subsequent planning approvals and ongoing proceedings before the Tribunal, including subdivision and zoning matters and related appeals.
4In this appeal, the Parties have engaged in Tribunal-led mediation and reached agreement on modifications to certain general policies of the modified Official Plan, while site-specific issues identified in the appeal have been adjourned pursuant to a prior Tribunal Order and will be addressed at a later stage.
PROPOSED MODIFICATIONS TO THE OFFICIAL PLAN
5The proposed modifications refine a number of general policies of the modified Official Plan. In broad terms, the changes are intended to ensure consistency with the Provincial Policy Statement, 2024 (“PPS 2024”), including with respect to natural heritage policies, infrastructure permissions, and the application of the “no negative impact” test. The modifications also clarify the interpretation and application of key policy terms, including “conform to” and “consistent with”, and provide greater certainty in the relationship between this Plan and supporting municipal documents, guidelines, and standards.
6Additional revisions address the treatment of existing development approvals and in-process applications, ensuring that prior approvals are appropriately recognized and that extensions or revisions may be considered having regard to the original approval context. The proposed modifications further align the Plan with the requirements of the Act, including with respect to complete application requirements and the hierarchy of planning instruments, and clarify the role and primacy of area-specific policies where conflicts or inconsistencies arise.
7The matter before the Tribunal is the consideration of the proposed modifications, which reflect a partial settlement for the general issues within the appeal. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. the uncontested opinion evidence of Tim Schilling, a Registered Professional Planner and full member of the Canadian Institute of Planners, who was qualified by the Tribunal to provide land use planning opinion evidence, contained in his comprehensive affidavit sworn March 5, 2026 (marked as Exhibit 1);
ii. the Affidavit of Tiffany Thompson, Manager of Planning, County of Simcoe, dated April 15, 2026 (marked as Exhibit 2);
iii. the Affidavit of Nathan Wukasch, Senior Planner, Town of Collingwood, dated April 9, 2026 (marked as Exhibit 5);
iv. the Participant Statements filed with the Tribunal in the names of:
Sharon Carr
Chris Mufflin; and
The Blue Mountain Watershed Trust Foundation;
v. the Parties’ oral/written submissions in support of the partial settlement; and
vi. the Minutes of Settlement between Huntingwood Trails (Collingwood) Ltd. and The Corporation of the Town of Collingwood and The Corporation of the County of Simcoe, dated January 14, 2026.
Decision and order
8The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Schilling reflects revisions to the modified Official Plan before the Tribunal that were reached through the cooperative efforts of the Parties.
9The Tribunal accepts that the proposed modifications are directed at refining a number of general policies of the modified Official Plan to improve clarity, ensure consistency with applicable provincial policy, and support the appropriate implementation of the Plan. In particular, the evidence demonstrates that the modifications address the interpretation of key policy terms, align natural heritage and infrastructure policies with the Provincial Policy Statement, 2024, and clarify the treatment of existing development approvals and applications in process. The Tribunal further finds that the modifications are intended to ensure that the Plan functions coherently when read in conjunction with the applicable legislative and policy framework, including the Planning Act and the County of Simcoe Official Plan.
10Therefore, the Tribunal accepts the opinion evidence of Mr. Schilling as presented in his affidavit and similarly finds that the proposed policy modifications have 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 County of Simcoe Official Plan, and otherwise reflects principles of good land use planning.
11The Order contains provisions to ensure that this partial approval does not prejudice the disposition of the remaining appeals, including those scoped on a site-specific or area-specific basis.
12THE TRIBUNAL ORDERS THAT:
The appeal by Huntingwood Trails (Collingwood) Ltd. is allowed, in part, and the Town of Collingwood Official Plan is hereby modified in accordance with Attachment 1 to this Order.
This partial approval of the Town of Collingwood Official Plan is made without prejudice to the Tribunal’s disposition of the remaining appeals (including the site-specific issues arising from the appeal filed by Huntingwood Trails (Collingwood) Ltd.) and shall not have the effect of limiting:
a. The rights of a party to seek modifications, deletions, or additions in relation to the remaining appeals; or
b. The jurisdiction of the Tribunal to consider and approve such modifications, deletions, or additions in relation to the remaining appeals on a general, area-specific or site-specific basis, as the case may be, provided that the parties shall be bound by the commitments made by them to scope their issues on a site-specific or area-specific basis.
Remaining appeals have been scoped on a site-specific or area-specific basis. Any Tribunal approval will be without prejudice to the ability of the Parties to argue the merits of such scoped appeals, either viewed independently of the approvals as they apply to other lands or as an exception to those approvals. The Tribunal retains the jurisdiction to consider and dispose of those scoped appeals on either basis.
The Tribunal may be spoken to by the Parties if any difficulties arise in implementing 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