Aaron Farough

The Claimant brought a motion for directions seeking an order compelling the Respondents to produce various documents related to municipal infrastructure construction and an order to amend its Statement of Claim.

The Claimant sought damages for injurious affection due to construction impacts on its business.

The Tribunal granted the motion, finding the requested documents were relevant, necessary, and in the exclusive control of the Respondents, who had failed to produce them despite repeated requests.

The Tribunal ordered production within 30 days and permitted the amendment of the Statement of Claim.

The Tribunal issued a Procedural Order on consent of the parties to govern the conduct of the upcoming hearing regarding compensation under the Expropriations Act.

The hearing is scheduled for four days commencing November 9, 2026.

The issues to be determined at the hearing include the market value of the expropriated lands and compensation for the removal of lawn, shrubs, and trees.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Windsor's refusal of applications for a Zoning By-law Amendment and a Proposed Plan of Subdivision to permit a 27-unit townhouse development.

The Tribunal granted participant status to several individuals, consolidated the appeals, and scheduled a five-day merit hearing for April 2026.

The Tribunal also approved the Procedural Order submitted by the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding a claim for compensation following the expropriation of portions of a property by the City of Windsor.

The Tribunal scheduled a Tribunal-facilitated mediation session and a three-day video hearing.

A Procedural Order was approved, setting out the issues list and deadlines for the exchange of evidence and expert reports.

The appellant appealed the City of Windsor Committee of Adjustment's refusal of minor variance and consent applications intended to facilitate a technical severance.

The severance aimed to correct an existing dwelling's encroachment and adjust an irregular lot shape.

The City supported the applications at the Tribunal.

Relying on uncontested expert planning evidence, the Tribunal found the variances met the four tests under the Planning Act and the consent satisfied the statutory criteria.

The appeal was allowed and the applications were approved without conditions.

The appellant appealed the Committee of Adjustment's refusal of consent and minor variance applications to sever a residential property into two lots.

The proposed lots required relief for minimum lot width and area.

The Tribunal preferred the evidence of the appellant's planner, finding that the proposal represented compatible residential infill that conformed to the Official Plan and was consistent with the Provincial Policy Statement.

The appeals were allowed, the variances authorized, and provisional consent granted.

The Ontario Land Tribunal held a first Case Management Conference regarding a claim for compensation under the Expropriations Act following the partial expropriation of the claimants' property by the City of Windsor.

The Tribunal reviewed and approved a Procedural Order, directed the parties on mediation, and scheduled a three-day video hearing for November 2024.

The City of Windsor sought to expropriate lands owned by the property owners to consolidate them with an adjacent parcel acquired by the City due to tax arrears, in order to resolve an encroachment issue and facilitate future development.

The property owners requested a Hearing of Necessity under the Expropriations Act.

The Ontario Land Tribunal found that the proposed expropriation was fair, sound, and reasonably necessary to achieve the City's objectives, noting that the owners offered no evidence to contradict the City's stated intentions and that the case law relied upon by the owners was distinguishable.

The appellant appealed the Committee of Adjustment's denial of a minor variance application to permit the development of a single-unit dwelling with reduced lot width, lot area, and side yard setback.

The parties reached a settlement to approve the lot width and area variances subject to a condition limiting the property to one single dwelling unit, while maintaining the denial of the side yard setback variance.

The Tribunal accepted uncontested expert planning evidence that the amended variances satisfy the four tests under section 45(1) of the Planning Act and allowed the appeal in part to authorize the settlement.

The Appellants filed a motion for an extension of time to appeal a municipal order requiring them to pay $75,290.81 for the cleanup of spilled pollutants under the Environmental Protection Act.

The order was issued in March 2017, but the notice of appeal was filed over two and a half years later.

The Tribunal found that the Appellants had received notice of the order shortly after its issuance and had legal representation shortly thereafter.

As the Appellants failed to meet the statutory exception of not receiving notice, the motion for an extension of time was dismissed.