OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. v. Georgian Bay (Township), 2026 CanLII 7223

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

January 30, 2026

CASE NO(S).:

OLT-25-000597

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant:

OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc.

Subject:

By-law No. 2025-053

Description:

To amend the comprehensive Zoning By-law 2014-75

Reference Number:

Z24-15

Property Address:

67 Links Trail

Municipality/UT:

Township of Georgian Bay/District of Muskoka

OLT Case No.:

OLT-25-000597

OLT Lead Case No.:

OLT-25-000597

OLT Case Name:

OBD Developments Inc., OBD Marina Inc., and OBG Gold Inc. v. Georgian Bay (Township)

Heard:

November 26, 2025 by video hearing

APPEARANCES:

Parties

Counsel*/Representative

OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. (the “Appellant” or “Oak Bay”)

Leo Longo

Township of Georgian Bay

Colin Leger

(the “Township”)

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON NOVEMBER 26, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals by the Appellant to the Township’s Housekeeping Zoning By-law No. 2025-053 (“Housekeeping By-law”).

2The Township of Georgian Bay adopted By-law No. 2025-053 on July 9, 2025. This By-law updates the comprehensive Zoning By-law No. 2014-75 across the entire Township as part of a general housekeeping review. The amendments include corrections, text clarifications, updates to align with higher-level planning documents where private rights remain unaffected, and enhancements to meet the requirements of the Accessibility for Ontarians with Disabilities Act, 2005.

3The Township’s Planning staff proffered that implementing a housekeeping amendment to the Zoning By-law will support the Planning Department in delivering high-quality customer service, streamlining its planning processes, and enhancing public understanding of planning legislation, while the Planning Department awaits the forthcoming updates and review of the Official Plan and Zoning By-law.

4The Appellants claim that the draft version of the Housekeeping By-law appears to go well beyond making minor corrections.

Housekeeping Zoning By-law

5The proposed Housekeeping By-law would:

1. eliminate Sections 1 through 19 of the current Zoning By-law and replace them with entirely new sections;

2. rezone all Oak Bay lands—both developed and undeveloped—by introducing new zoning categories;

3. revise several existing definitions in the Zoning By-law, including changes to how yard setbacks are determined for condominium developments like Oak Bay, using a method different from the current approach;

4. remove and replace 11 zoning maps, seven of which pertain to existing or planned development within Oak Bay.

6An Affidavit of Service sworn by Vicky Vong was marked as Exhibit 1.

Hearing Details

7On consent, the Parties requested a one-day (1-day) hearing. The Tribunal scheduled a hearing of these appeals to commence on Wednesday, March 4, 2026 at 10 a.m.

8Parties and/or Participants and/or Observers 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/765631861

Access code: 765-631-861

9Parties and/or 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

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) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is: 765-631-861.

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.

12The Procedural Order attached as Schedule 1 shall govern the conduct of this proceeding.

13No further notice shall be given.

14The Member is not seized.

“Carmine Tucci”

CARMINE TUCCI

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.

SCHEDULE 1

CASE NO(S).: OLT-25-000597

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant(s)/Appellant(s):

OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc.

Subject:

By-law No. 2025-053

Property Address:

67 Links Trail

Description:

To amend comprehensive Zoning By-law 2014-75 for housekeeping purposes

Reference No.

Z24-15

Municipality/UT:

Township of Georgian Bay/District of Muskoka

OLT Case No.:

OLT-25-000597

OLT File No.:

OLT-25-000597

OLT Case Name:

OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc. v. Georgian Bay (Township)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on March 4, 2026 at 10:00 a.m. through the following link: GoTo Meeting: https://global.gotomeeting.com/join/765631861

Access code: 765-631-861

Audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389.

Access code: 765-631-861

3. The length of the hearing is one day. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before December 12, 2025 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before December 23, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before January 16, 2026.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before February 6, 2026, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before January 16, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before January 23, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before February 23, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before February 13, 2026 and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before February 23, 2026.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 27, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

Summary of Dates

DATE

EVENT

December 12, 2025

Exchange of witness lists (names, disciplines and order to be called)

December 23, 2025

Experts meeting by this date

January 16, 2026

Agreed Statement of Facts

February 6, 2026

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

January 23, 2026

Date to let Tribunal know if all hearing dates are required

February 13, 2026

Exchange of Reply Witness Statements (if any) and Visual Evidence

February 23, 2026

Joint Document Book

February 27, 2026

Hearing Plan filed with the Tribunal

March 4, 2026

Hearing commences

Attachment 1

List of Parties and Participants

Parties:

OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc.

Aird & Berlis LLP

Brookfield Place, 181 Bay Street, Suite 1800

Toronto ON M5J 2T9

Leo F. Longo

Tel: 416.865.7778

Email: llongo@airdberlis.com

Township of Georgian Bay

Garrod Pickfield LLP

9 Norwich Street West

Guelph, ON N1H 2G8

Colin Léger

Tel: 519.837.0500

Email: cleger@garrodpickfield.ca

Attachment 2

Draft Issues List

Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination at the hearing will be a matter of evidence and/or argument at the hearing.

1. Has the Township’s Housekeeping By-law made any revisions to any zoning provision [including maps, zones, uses, performance standards, and definitions] that substantively change the permissions currently applying to the Appellants’ lands?

2. Should the following definitions of Township Zoning By-law No. 2014-75, as amended by Housekeeping By-Law, (collectively the “Zoning By-law”) be revised, clarified, or added to as follows?

(a) Should the definition of “Condominium” be amended to properly cite the provincial Act and improve the definition?

(b) Should the definition of “Construct” be amended to include “rock crushing”?

(c) Should the definition of “Floor Area, Gross” be amended to specifically address appropriate “condominium” exceptions or qualifications?

(d) Should the Zoning By-law be amended to include a definition of “Lane, Condominium” or should “Lane” be amended to specifically address appropriate “condominium” exceptions or qualifications?

(e) Should the Zoning By-law be amended to include a definition of “Lot, Condominium” or should “Lot” amended to specifically address appropriate “condominium” exceptions or qualifications?

(f) Should the Zoning By-law be amended to include a definition of “Lot Area, Condominium” or should “Lot Area” amended to specifically address appropriate “condominium” exceptions or qualifications?

(g) Should the Zoning By-law be amended to include a definition of “Lot Coverage, Condominium” or should “Lot Coverage” amended to specifically address appropriate “condominium” exceptions or qualifications?

(h) Should the definition of “Lot, Through” be amended to replace “navigable waterway” with “waterway”?

(i) Should the definition of “Outdoor Amenity Space” be amended to include recreational/amenity structures such as gazebos, swimming pools, shelters, playground equipment, etc.?

(j) Should the Zoning By-law be amended to include a definition of “Road, Condominium” or should “Road” be amended to specifically address appropriate “condominium” exceptions or qualifications?

(k) Should the Zoning By-law be amended to include a definition of “Yard, Exterior Side, Condominium” or should “Yard, Exterior Side” be amended to specifically address appropriate “condominium” exceptions or qualifications?

(l) Should the Zoning By-law be amended to include a definition of “Yard, Front, Condominium” or should “Yard, Front” be amended to specifically address appropriate “condominium” exceptions or qualifications?

(m) Should the Zoning By-law be amended to include a definition of “Yard, Interior Side, Condominium” or should “Yard, Interior Side” be amended to specifically address appropriate “condominium” exceptions or qualifications?

(n) Should the Zoning By-law be amended to include a definition of “Yard, Rear, Condominium” or should “Yard, Rear” be amended to specifically address appropriate “condominium” exceptions or qualifications?

3. Should the expiry date in Housekeeping By-law s. 18.2.1, Table 18.2, Row 3 [T-RM4-3A(H)-01] be revised to October 7, 2026?

Attachment 3

Order of Evidence

OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc.

Township of Georgian Bay

OBD Developments Inc., OBM Marina Inc., and OBG Golf Inc., in Reply

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

66718161.1

66738017.1