A. Snowdon

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal under s. 34(11) of the Planning Act for the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The application seeks to permit three additional buildings of 44, 35, and 9 storeys at 123 Bellamy Road.

The Tribunal approved the draft Procedural Order and scheduled a 9-day video hearing to commence on November 18, 2025.

The applicant brought a motion for costs against the municipality following a successful appeal of the municipality's refusal of zoning by-law amendment and draft plan of subdivision applications.

The applicant argued the municipality's conduct was unreasonable, frivolous, and vexatious because it failed to lead evidence supporting its refusal, filed its planner's witness statement late, and introduced a new issue not on the issues list.

Furthermore, the municipality sought to recover its own legal costs from the applicant pursuant to a Cost Acknowledgement Agreement.

The Tribunal found the municipality's conduct unreasonable and frivolous, noting its disregard for the procedural order and failure to justify the council's decision.

The Tribunal awarded costs to the applicant on a partial indemnity basis in the amount of $20,500.

The appellants appealed a Director's Order requiring them to resolve inadequacies in existing sewage works on a property with a history of industrial uses.

At a Case Management Conference, the parties advised that their experts were engaged in productive discussions and requested Tribunal-led mediation.

The Tribunal scheduled a 10-day hearing to commence in September 2025, which will be vacated if mediation is successful, and approved a revised Procedural Order.

The Ontario Land Tribunal issued a final order approving a draft plan of condominium for a 32-unit townhouse development in the Municipality of Brighton.

The Tribunal had previously allowed the zoning by-law amendment appeal and withheld the final order on the subdivision appeal pending the submission of a final list of conditions and a draft plan acceptable to the Municipality.

Having received the required documents, the Tribunal approved the draft plan subject to conditions and delegated the authority to clear the conditions and administer final approval to the Municipality pursuant to s. 51(56.1) of the Planning Act.

The Tribunal held a Case Management Conference regarding an appeal of the City of Ottawa's decision to designate a property under the Ontario Heritage Act.

The appellant did not attend.

The City indicated it would bring a motion to determine the grounds of the appeal, arguing the appeal form lacked reasons.

The Tribunal scheduled a half-day motion hearing for March 7, 2025, and set out the procedural requirements for the motion.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the Town of Halton Hills' decision to designate a property under the Ontario Heritage Act.

The parties indicated they were not ready for settlement discussions or mediation pending the resolution of an open motion.

The Tribunal scheduled a one-day motion hearing for July 10, 2025, and established a timetable for the exchange of motion materials.

The City of Ottawa appealed a Committee of Adjustment decision that granted an applicant's request to amend a condition of a provisional consent for a land severance.

The condition related to demonstrating adequate water quality for the proposed lots.

The applicant sought to amend the condition to allow for a minor sodium aesthetic exceedance that would be treated with an in-home reverse osmosis system.

The City argued the exceedance violated its guidelines and Official Plan.

The Tribunal dismissed the appeal, finding that the guidelines were non-statutory interpretive tools, the health parameters were met, and the amendment conformed to the Official Plan and was consistent with the Provincial Planning Statement.

Multiple appeals were filed regarding the City of Toronto's adoption of Official Plan Amendment 469 and the Sherway Area Secondary Plan.

Cadillac Fairview Corporation Limited and the City presented a settlement proposal to resolve Cadillac Fairview's site-specific appeals concerning 25 The West Mall.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal has regard for matters of provincial interest, is consistent with the Provincial Planning Statement, and conforms to the Official Plan.

The Tribunal allowed the appeals in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Burlington's decisions to pass heritage designation by-laws for two properties.

The Tribunal approved the draft Procedural Order and scheduled a two-day merit hearing to commence by video on May 27, 2025.

The appellant appealed a Director's Order prescribing actions to dispose, manage, and reduce leachate from its hazardous waste management facility.

The parties reached a settlement agreement to amend the Order to require specific monthly leachate disposal volumes based on the site's estimated leachate volume, and to incorporate these requirements into an updated Design and Operations Plan.

The Tribunal found the settlement to be protective of the environment and in the public interest, approved the Minutes of Settlement, and directed the Director to amend the Order accordingly.

The appellant appealed a Director's Order regarding the disposal of leachate and submission of an abatement plan under the Environmental Protection Act.

At the hearing, the parties advised the Tribunal that a settlement had been reached but the agreement was still being drafted.

The parties requested an adjournment to finalize the settlement documents.

The Tribunal granted the adjournment and scheduled a new video hearing date.

The appellant appealed the Town of Grimsby Committee of Adjustment's decision denying a minor variance to change the minimum setback from a front lot line for an accessory building.

The appellant sought to convert an existing dwelling into an accessory building located closer to the street than the front wall of the new primary dwelling.

Relying on the uncontested expert planning evidence provided by the Town, the Tribunal found that the variance satisfied the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variance authorized subject to conditions.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Niagara Escarpment Commission's conditional approval of a development permit for a driveway and culvert replacement.

The parties reported ongoing private settlement discussions.

The Tribunal set a deadline of January 22, 2025, for a status update.

The appellants appealed a Director's Order requiring them to address inadequate sewage works and prevent the discharge of contaminants from the subject property.

At a Case Management Conference, the parties requested an adjournment to allow their respective experts to continue productive discussions towards a long-term plan for the property.

The Tribunal granted the request on consent and scheduled a further Case Management Conference.

The appellant appealed a Director's Order issued by the Ministry of the Environment, Conservation, and Parks regarding a property in Guelph.

At the third Case Management Conference, the Ministry advised that the Order had been fulfilled.

The appellant requested additional time to review newly disclosed documents and determine how to proceed with the appeal.

On consent of the parties, the Tribunal granted the request and ordered the matter held in abeyance until the appellant requests a subsequent conference or until April 22, 2025.

The appellant appealed the municipality's refusal of applications for a zoning by-law amendment and draft plan of subdivision to permit a 32-unit townhouse development.

The municipality argued the development did not support intensification targets and lacked legal road access.

The Tribunal found the road access issue was resolved and that the development conformed to the density and intensification targets of the applicable official plans.

The Tribunal allowed the appeals, approving the zoning by-law amendment and approving the draft plan of subdivision in principle, subject to revised conditions.

The appellant appealed a Committee of Adjustment decision that approved minor variances for a dock and sun shelter but required the removal of an existing boat canopy.

The Tribunal reviewed uncontradicted expert planning evidence and found that the variances met the four tests under section 45(1) of the Planning Act.

Furthermore, the Tribunal determined that the temporary removable canvas boat canopy did not meet the definition of a boathouse or boatport, was therefore considered part of the dock, and constituted a permitted use.

The appeal was allowed and the variances were authorized subject to a shoreline revegetation condition.

The appellants appealed the Municipality's refusal of applications to amend the Official Plan and Zoning By-law to permit an additional residential unit in an accessory building.

At the first Case Management Conference, the parties requested an adjournment because the Municipality's counsel had left the file and new counsel had not yet been assigned.

The Tribunal granted the adjournment on consent and scheduled a second Case Management Conference.

The appellant appealed the Town of Grimsby Committee of Adjustment's refusal of minor variances to permit the development of a two-storey single detached dwelling.

The requested variances sought relief for reduced side yard setbacks and increased lot coverage.

The Tribunal accepted the uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The appeal was allowed and the variances were authorized subject to tree preservation conditions.

The Ontario Land Tribunal held a Case Management Conference regarding an application by Gerry Crepin Cartage Limited for a Category 1 - Class 'A' licence to operate an aggregate pit.

The parties resolved the draft Procedural Order and Issues List on consent.

The Tribunal issued the Procedural Order to govern the proceedings leading up to the 5-day video hearing scheduled to commence on February 3, 2025.