Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 01, 2026
CASE NO(S).: OLT-25-000912
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Thomas Cavanagh Construction Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a below water extraction pit
Reference Number: LC-0900-OP-23003
Property Address: Part Lot 5, Concession 10 (Dalhousie)
Municipality/UT: Lanark/Lanark
OLT Case No: OLT-25-000912
OLT Lead Case No: OLT-25-000912
OLT Case Name: Thomas Cavanagh Construction Limited v. Lanark (County)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Thomas Cavanagh Construction Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a below water extraction pit
Reference Number: OPA-08
Property Address: Part Lot 5, Concession 10 (Dalhousie)
Municipality/UT: Lanark Highlands/Lanark
OLT Case No: OLT-25-000921
OLT Lead Case No: OLT-25-000912
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a below water extraction pit
Reference Number: ZA-2023-02
Property Address: Part Lot 5, Concession 10 (Dalhousie)
Municipality/UT: Lanark Highlands/Lanark
OLT Case No: OLT-25-000922
OLT Lead Case No: OLT-25-000912
Heard: May 19, 2026 by video hearing
APPEARANCES:
Parties
Counsel
Thomas Cavanagh Construction Limited
Jacob Polowin & Michael Polowin
Township of Lanark Highlands
Spencer Putnam
Lanark County
Greg Meeds
Shabot Obaadjiwan First Nations (“SOFN”) Chief Doreen Davis
Matt Hodgson
Friends of Lanark Highlands
David Donnelly
MEMORANDUM OF ORAL DECISION DELIVERED BY GEORGE POLITIS ON MAY 19, 2026 AND ORDER OF THE TRIBUNAL
1This event was the first Case Management Conference (“CMC”) before the Tribunal for two matters, as follows:
a. OLT-24-000912: Appeal pursuant to section 22(7) of the Planning Act (“Act”) by Thomas Cavanagh Construction Limited. (“Applicant”/”Appellant”) resulting from the County of Lanark Highlands (“County”) refusal to adopt amendments within the statutory timeframes of the Act to the County’s Sustainable Communities Official Plan and;
b. OLT-25-000921 and OLT-25-000922: Appeals pursuant to sections 22(7) and 34(11) of the Act by the Applicant to the Township of Lanark (“Town”) following the failure to adopt amendments to the Town’s Official Plan and neglect to make a decision to the Town’s Zoning By-law.
2The purpose of the application is to allow for the establishment of a mineral aggregate extraction operation (“Quarry Below Water”) to municipal lands known as Part Lot 5, Concession 10, Geographic Township of Dalhousie, in the Township of Lanark Highlands.
3At the CMC, the Tribunal canvassed Counsel, who confirmed that there were no issues with the service of the Notice of CMC. The Tribunal is in receipt of the following, which were marked as exhibits, and confirm that Notice was adequately served and no further notice is required:
a. Exhibit 1: Affidavit of Service sworn on April 16, 2026, by Melinda Torrence regarding OLT-25-000912; and
b. Exhibit 2: Affidavit of Service sworn on April 16, 2026, by Melinda Torrence regarding OLT-25-000921 and OLT-25-000922.
CONSOLIDATION OF APPEALS
4At the CMC, the parties noted significant overlap between the two appeals, including identical parties and issues to be addressed before the Tribunal. They requested that the appeals be consolidated in accordance with Rule 16.1 of the Tribunal’s Rules of Practice and Procedure (“Rules”).
5The Tribunal agreed that this would result in an efficient and cost-effective Hearing of these appeals. In the interest of a fair and expeditious proceeding, Tribunal files OLT-25-00012, OLT-25-000921, and OLT-25-000922 are now consolidated in accordance with Rule 16 of the Rules. The Tribunal directed the Parties to communicate with each other in advance of the next CMC and file the final draft Procedural Order (“PO”) and Issues List (“IL”) on or before Monday, August 31, 2026.
REQUESTS FOR PARTY AND PARTICIPANT STATUS
6The Tribunal was tasked with adjudicating a number of requests for status.
7The Tribunal received Party Status requests in each proceeding from the following:
a) The Shabot Obaadjiwan First Nation (“SOFN”) and Chief Doreen Davis stated the following:
the development falls squarely within its territorial lands and the Algonquins of Ontario Settlement Area.
the decision regarding the permanent alteration of these lands directly impacts the SOFN’s constitutionally protected rights and ongoing treaty negotiations.
the proximity of the extraction area to Barbers Lake and Long Sault Creek, which are watersheds of profound cultural and ecological significance, creates a direct interest in ensuring the permanent hydrogeological and environmental integrity of these features are not adversely impacted.
b) The Friends of Lanark Highlands (“TFLH”) and their Counsel Mr. Donnelly stated the importance for the TFLH’s concerns regarding environmental impacts to the surrounding residents living in their homes and cottages. Mr. Donnelly requested that Vernon Wheeler currently with TFLH provide evidence as a lay witness.
8Upon hearing submissions from SOFN’s Counsel, objections were made from the Appellant claiming that SOFN had no legal source. The Tribunal’s decision flows from the province’s duty to consult and engage with Indigenous peoples on land use planning matters. Such a duty is not only a result of the Crown’s general obligation to consult and engage with Indigenous peoples on matters that may affect their Aboriginal or treaty rights pursuant to s. 35 of the Constitution Act, 1982, the Tribunal is also expressly directed to do so pursuant to Chapter 1 Vision, Role of the PPS, Chapter 6 Implementation and Interpretation 6.1.2 and, Chapter 6.2 Coordination 6.2.2, and 6.2.3 of the Provincial Policy Statement 2024 (“PPS”).
Chapter 1
Vision.
a) Ontario will continue to recognize the unique role Indigenous communities have in land use planning and development, and the contribution of Indigenous communities’ perspectives and traditional knowledge to land use planning decisions. Meaningful early engagement and constructive, cooperative relationship-building between planning authorities and Indigenous communities will facilitate knowledge-sharing and inform decision-making in land use planning.
Role of the PPS:
The Province’s rich cultural diversity is one of its distinctive and defining features. Indigenous communities have a unique relationship with the land and its resources, which continues to shape the history and economy of the Province today. Ontario recognizes the unique role Indigenous communities have in land use planning and development, and the contribution of Indigenous communities’ perspectives and traditional knowledge to land use planning decisions. The Province recognizes the importance of consulting with Aboriginal communities on planning matters that may affect their section 35 Aboriginal or treaty rights.
Chapter 6 Implementation and Interpretation
- The Provincial Planning Statement shall be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982.
6.2 Coordination
Planning authorities shall undertake early engagement with Indigenous communities and coordinate on land use planning matters to facilitate knowledge-sharing, support consideration of Indigenous interests in land use decision-making and support the identification of potential impacts of decisions on the exercise of Aboriginal or treaty rights.
Planning authorities are encouraged to engage the public and stakeholders early in local efforts to implement the Provincial Planning Statement, and to provide the necessary information to ensure the informed involvement of local citizens, including equity-deserving groups.
9Upon hearing submissions from TFLH’s Counsel, objections were heard from the Appellant concerning Mr. Donnelly’s request for Mr. Wheeler to provide evidence as a lay witness.
10The Tribunal determined that SOFN has a direct and genuine interest in the proceedings and granted Party Status to SOFN, and Chief Doreen Davis in the proceedings as requested.
11Upon hearing and considering the submissions from TFLH, the Tribunal determined that, as neighbouring landowners, TFLH can provide valuable insight into the potential impacts of the proposed quarry on the surrounding area and local landowners, thereby assisting the Tribunal in resolving the matters at issue. The Tribunal granted TFLH Party status to the proceedings. The Tribunal denied Mr. Donnelly’s request for Mr. Wheeler to provide evidence as a lay witness, noting that Mr. Wheeler had already requested Participant status to the Tribunal and that he was already sheltered under the TFLH.
12Mr. Wheeler requested Participant status in each proceeding. None of the Parties objected to his request. The Tribunal granted him Participant status in the proceedings.
PROCEDURAL ORDER AND ISSUES LIST
13The Parties did not submit a draft PO before the CMC, explaining that several uncertainties prevented them from doing so. In particular, these uncertainties related to pending status requests and the potential consolidation of the appeals.
14Additionally, the Applicant’s Counsel advised that the Applicant has submitted an Aggregate Resources Act license application (“ARA Referral”) and, since the scheduling of the CMC, has been told that it is being referred to the Tribunal imminently. Once the ARA Referral is received by the Tribunal, the Applicant will request that it also be consolidated with these subject appeals. As a result, the Applicant requested that a second CMC be scheduled in anticipation of the ARA Referral being received and to allow the Parties to address the PO then. The other Parties agreed that a second CMC would be helpful, and so did the Tribunal. If the ARA Referral is received, then this next CMC will be a first CMC for the ARA Referral, and any Notice issues, status request, or other procedural matters (such as its potential consolidation with the present appeals) can also be dealt with.
SCHEDULING A FURTHER CASE MANAGEMENT CONFERENCE
15A second CMC has been scheduled, as outlined below. The Parties were directed to submit a draft PO or provide a status update to the Tribunal by Monday, August 31, 2026. The Applicant’s Counsel undertook to file these materials with the Case Coordinator by that date. The Parties were also directed to ensure that the issues identified on the IL are specific and facilitate a comprehensive discussion of the matters in dispute.
16The Tribunal scheduled a second CMC commencing on Monday, September 14, 2026, at 10 a.m. by Video Hearing to further address the final PO and IL and schedule the hearing dates.
17Parties and Participants 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/442599157
Access code: 442-599-157
18Parties and Participants 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
19Persons 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) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 442-599-157.
20Individuals 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.
21As 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.
MEDIATION AND SETTLEMENT
22As this proceeding is at a preliminary stage, the Parties have not yet had the opportunity to engage in formal discussions.
ORDER
23THE TRIBUNAL ORDERS as follows:
a. Tribunal file numbers OLT-25-000912, OLT-25-000921, and OLT-25-000922 are consolidated in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.
b. The following are now Parties to these proceedings, The Friends of the Lanark Highlands, Shabot Obaadjiwan First Nations and Chief Doreen Davis.
c. Vernon Wheeler has Participant Status in these proceedings.
d. A second Case Management Conference is scheduled as described above in this Decision in paragraphs [15] to [16].
e. The Parties will provide the Tribunal with an updated draft Procedural Order and Issues List by Monday, August 31, 2026.
24There will be no further Notice.
25This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“George Politis”
GEORGE POLITIS
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.