C. Hardy

The appellant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment application to permit a commercial refuelling station for transport trucks.

Prior to the merit hearing, the parties reached a settlement on a revised proposal.

Based on uncontradicted expert land use planning evidence, the Tribunal found the revised proposal optimized the use of existing land and infrastructure and was consistent with provincial and regional policies.

The Tribunal allowed the appeal in part and approved the proposed Zoning By-law Amendment.

The Ontario Land Tribunal issued an order establishing the Procedural Order to govern the procedures leading up to and including a 5-day hearing scheduled to commence on June 3, 2024, regarding appeals of the City of Toronto's Proposed Official Plan Amendment No. 231.

The Ontario Land Tribunal issued a procedural order governing the procedures leading up to and including a 14-day hearing scheduled to commence on February 10, 2025, regarding appeals of the City of Toronto's Proposed Official Plan Amendment No. 231.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make a decision on Official Plan and Zoning By-law Amendment applications within the statutory timeframes.

The applications seek to facilitate a 29-storey mixed-use building.

The parties submitted a draft Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming merit hearing.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to and including a 10-day hearing scheduled to commence on April 15, 2024, regarding appeals of a zoning by-law amendment and site plan application for two proposed high-rise mixed-use towers in the City of Markham.

The applicant appealed the City of Welland's refusal to approve an Official Plan Amendment and Zoning By-law Amendment to facilitate the construction of 69 stacked townhouse units.

Prior to the hearing, the parties reached a settlement, and the City supported the applications.

Based on uncontested expert planning evidence, the Tribunal found the proposed development consistent with provincial policies, representing good land use planning and appropriate residential intensification.

The appeal was allowed and the amendments were approved.

The appellants appealed the assessment of their property to the Assessment Review Board, requesting that a portion be determined as conservation land under the Conservation Lands Tax Incentive Program.

The matter was referred to the Ontario Land Tribunal.

The Tribunal found that 145.74 acres of the property qualified as conservation land.

Furthermore, the Tribunal granted an extension of time for the appellants to file their 2022 application, finding that mitigating circumstances existed due to miscommunication and confusion regarding the application process.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to and including a 10-day video hearing scheduled to commence on February 26, 2024.

The hearing concerns appeals by the applicant regarding a proposed official plan amendment and zoning by-law amendment to permit the development of three residential apartment buildings and twelve townhouse blocks in the Town of Aurora.

The appellants appealed the City of Toronto's proposed Official Plan Amendment No. 231.

On consent of the parties and based on the uncontested planning evidence of the City's expert, the Tribunal approved modifications to OPA 231 redesignating certain employment areas to Regeneration Areas.

The Tribunal found the modifications consistent with provincial policies and good land use planning, resolving the specific appeals while retaining jurisdiction over outstanding matters.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated August 30, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended paragraph 23 to correct the commencement date of a five-day video hearing for an appeal from June 20, 2024, to June 3, 2024.

The Ontario Municipal Board previously allowed an appeal in part regarding Amendment No. 8 to the Official Plan for the Municipality of Thames Centre, but withheld its final order pending an acceptable form of the amendment.

The Ontario Land Tribunal, having been advised that the new Official Plan Amendment is acceptable to the Municipality and approved by all parties, issued the final order approving Amendment No. 8.

This was the fourth Case Management Conference regarding appeals of the City of Guelph's Official Plan Amendment No. 79 (Clair-Maltby Secondary Plan).

The parties reported substantial progress in settlement discussions and requested a partial Settlement Hearing.

The Tribunal approved a revised Procedural Order and Issues List, and scheduled a partial Settlement Hearing for January 25, 2024.

The appellants appealed the County of Elgin's refusal of a site-specific Official Plan Amendment intended to permit an existing electrical services business to operate as an on-farm diversified use on their agricultural property.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found that the proposed use is consistent with the Provincial Policy Statement and conforms to the applicable Official Plans.

The Tribunal allowed the appeal and approved the Official Plan Amendment as modified by the settlement.

The appellant appealed the Township's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit the expansion of a mineral aggregate operation.

At the first Case Management Conference, the Tribunal granted party status to the County of Simcoe and a local community coalition.

The Tribunal declined to schedule merit hearing dates, finding it premature given the addition of new parties, the lack of finalized issues lists, and an outstanding related application under the Aggregate Resources Act.

The applicant appealed the City of Toronto's failure to render a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit an 11-storey residential building.

Following mediation, the parties reached a settlement for a revised 9-storey development.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of several conditions.

The applicant requested the cancellation of a 'pending proceedings' notation from the abstracts of 81 mining claims held by the respondent, following the dismissal of the underlying Superior Court proceedings.

The applicant also requested an exclusion of time and an extension of the deadline to perform and report assessment work on the claims.

The Ontario Land Tribunal granted the requests, cancelling the notation, excluding the time the proceedings were pending, and extending the deadline for assessment work to December 31, 2024.

Skead Holdings Ltd. requested the Ontario Land Tribunal to cancel a 'pending proceedings' notation on 81 mining claims held by Fancamp Exploration Ltd., following the dismissal of a related Superior Court proceeding.

Skead also requested an exclusion of time and an extension of time to perform assessment work on the claims.

With the consent of Fancamp, the Tribunal granted the requests pursuant to sections 64(4.1) and 64(5) of the Mining Act, cancelling the notation, excluding the time the proceedings were pending, and extending the deadline for assessment work to December 31, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the Town's refusal of a Zoning By-law Amendment application.

The amendment sought to permit a commercial refueling station.

The Tribunal scheduled an 8-day video hearing to commence on March 25, 2024, and directed the appellant to submit a final draft Procedural Order and Issues List.

The applicant, acting as Estate Trustee for the deceased claim holder, applied to vest the deceased's interest in three mining claims in herself in her capacity as Estate Trustee.

The applicant also requested an extension of time to perform and file assessment work.

The Tribunal granted the application, vesting the mining claims in the Estate Trustee pursuant to s. 74(2)(a) of the Mining Act, and extended the deadline for assessment work to April 4, 2025, pursuant to s. 74(2)(b).