June 23, 2020
Mediation is under consideration in the Langmaid’s Island Corporation (LIC) appeal to the Local Planning Appeals Tribunal (LPAT)
Background: The Langmaid’s Island development application is for a 32-lot subdivision in the Township of Lake of Bays with two waterfront landings on the portion of Lake of Bays shoreline that falls within the boundaries of the Town of Huntsville. Langmaid’s Island is recognized in the Lake of Bays Official Plan as a Natural Heritage Area with significant restrictions around any considerations for development. In November 2018 LIC filed three appeals on the basis that no decision had been reached by the respective approval authorities within the mandated time limit. The Lake of Bays Association (LOBA), jointly with the Lake of Bays Heritage Foundation (LBHF) were granted party status for the appeal proceedings, along with the Township of Lake of Bays, the Town of Huntsville, the District of Muskoka and Kelly Zytaruk who is a resident. The hearing is scheduled for February, 2021.

Recent events: In May 2020 LIC proposed the Parties participate in mediation using a private mediator identified by LIC. LOBA and LBHF were not comfortable with the terms of private mediation as proposed and ultimately felt that mediation overseen by a public body, such as the LPAT would be seen to be an objective and balanced exercise with a focus on good planning and the public interest.  LOBA/LBHF declined participation in private mediation, as did Kelly Zytaruk. LOBA/LBHF subsequently submitted a request to LPAT for a Tribunal-led mediation and copied all Parties on this request.

To ensure our intentions were clear, LOBA/LBHF also sent a letter to each council member of the three ruling authorities on this matter to express our opposition to the proposed development of Langmaid’s Island, to ask that they join us in that opposition, and to ask for their support in our position that, if there is to be mediation, it be led by the Ontario’s Government’s Local Planning Appeal Tribunal (LPAT).

READ > LOBA/LBHF letter to three councils

LOBA supports the Township of Lake of Bays and Town of Huntsville staff reports that recommend the development application be denied. The appeal by LIC resulted in these staff reports being withdrawn from their scheduled meeting agendas in November 2018. We believe that a pre-emptive appeal by the developer should not compromise council’s ability and obligation to take a position on this development. We have urged councils to table the staff reports related to this application and encouraged them to support and adopt those recommendations to deny the application as proposed.

READ > Township of Lake of Bays staff report
READ > Town of Huntsville staff report

LPAT responded immediately to our request and has asked each Party if they are willing to participate in a Tribunal-led mediation. To date, LOBA/LBHF, Kelly Zytaruk, the Township of Lake of Bays and LIC have agreed. LIC’s participation is on the provision that Tribunal-led mediation maintains the pre-Hearing and Hearing deadlines that are currently scheduled for February 2021. LOBA/LBHF have agreed to this provision. Even with mediation there may still be a Hearing to determine the final ruling on any unresolved issues or if the mediation is unsuccessful. The Tribunal has advised the Parties that it currently has the capacity to conduct mediation and that they are reviewing the assessment for mediation of this case. We are awaiting further word from the Tribunal as to the suitability and scheduling of mediation.

VIEW > Previous letters and reports

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