Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 11, 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: May 7, 2026 by video hearing
APPEARANCES:
Parties
Counsel
Daniel Bornstein (Worldpeace Consulting Corp.) (“Applicant/Appellant”)
Leo Longo
Township of Muskoka Lakes (“Township”)
Ed Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON MAY 7, 2026 AND ORDER OF THE TRIBUNAL
1This event is the second 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 (“Proposed Re-development”). The Applicant/Appellant launched the appeal due to a non-decision by the Township within the prescribed time period. The Township has now indicated that it does not support the Proposed Re-development and opposes the appeal before the Tribunal.
2The description of the Subject Property and confirmation of Notice are included in the Decision issued on April 23, 2026.
CMC – May 7, 2026
3Leo Longo attended these proceedings and indicated that he is now counsel representing the Applicant/Appellant who at the first CMC was self-represented. Mr. Longo provided an update to the Tribunal and indicated that he has had discussions with Counsel for the Township to gain an understanding of the Township’s issues.
4The Parties have provided an initial draft Procedural Order (“PO”) and agreed to attempt to scope the issues identified by the Township. Counsel for both Parties indicated a willingness to work toward resolving the issues, but in the event they cannot, requested that three days be set aside for a hearing of the merits. The Tribunal received scheduling requests from both Parties, and it was deemed that September dates would serve the process best.
5The Applicant/Appellant anticipates calling three witnesses: land use planner, architect, and the property owner as a fact witness. The Township anticipates calling a land use planner, the Municipality’s Fire Chief, and an engineer.
NEXT STEPS
6The Tribunal finds that the Parties are prepared to proceed to a hearing of the merits given their oral submissions, identification of anticipated witnesses and the presentation of a first draft PO.
7The Tribunal directed the Parties to submit a final draft PO by Friday, May 22, 2026, to the case coordinator and proceeded to set dates for a 3-day hearing of the merits to commence by video on Wednesday, September 16, 2026 at 10 a.m.
8Parties 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://meet.goto.com/558205565
Access code: 558-205-565
9Parties 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 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: 558-205-565.
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.
12As 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.
13The Parties, on consent, indicated that they would seek the assistance of the Tribunal’s Mediation Team if needed and/or reach out to the case-coordinator to resolve any minor issues via a teleconference with a presiding Member.
14The Member is not seized, and no further notice is required. The Tribunal will issue this Decision and consider the draft PO upon receipt.
ORDER
15THE TRIBUNAL ORDERS its directions and next steps as set out above.
“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.