Hugh S. Wilkins

The appellant appealed the City of Vaughan's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and site plan approval for a proposed mixed-use development.

At the fourth case management conference, the parties requested an adjournment of the scheduled 12-day merit hearing to allow time for the review of a revised development application and for settlement discussions.

The Tribunal granted the request, cancelled the merit hearing, and scheduled a fifth case management conference.

The appellant appealed Environmental Penalty Orders issued by the Director of the Ministry of the Environment, Conservation and Parks regarding contaminated water allegedly emitted from a former graphite mine.

At a Case Management Conference, the parties advised that discussions were continuing and requested a further conference.

The Tribunal granted the request and scheduled a further Case Management Conference for November 19, 2024.

At a Case Management Conference regarding appeals of an environmental compliance order concerning benzene emissions, three community members sought party status.

The Tribunal granted them party status under s. 145(1) of the Environmental Protection Act, finding their individual perspectives on health impacts would assist the adjudication.

The Tribunal also granted the appellant leave to amend its grounds for appeal in light of a new federal Interim Order and provincial regulation.

The appellant sought a hearing before the Ontario Land Tribunal regarding a Provincial Officer's Order requiring the cessation of active farming on specified fields to prevent sediment discharge.

The Director submitted that the Tribunal lacked jurisdiction because the appellant failed to request a review of the Order within the statutory seven-day period.

The Tribunal found that the Order was deemed served on April 2, 2024, and the appellant's request for review on April 12, 2024, was out of time.

Consequently, no Director's Order was issued, and the Tribunal dismissed the appeal for lack of jurisdiction under the Environmental Protection Act and Ontario Water Resources Act.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of Environmental Penalty Orders issued for contaminated water allegedly emitted from a former graphite mine.

The parties reported progress in their discussions and requested that the scheduled October 2024 hearing dates be vacated.

The Tribunal granted the request, vacated the hearing dates, and scheduled a further Case Management Conference for September 2024.

The Tribunal held a Case Management Conference regarding an appeal by the appellant against the Niagara Escarpment Commission's conditional approval of a development permit application.

The parties indicated that settlement was unlikely but discussions would continue.

The Tribunal approved the Procedural Order and Issues List and scheduled a one-day video hearing for October 25, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a decision by the Niagara Escarpment Commission to grant a development permit.

The parties were unable to reach a settlement.

The Tribunal scheduled a five-day merit hearing to commence on October 21, 2024, and approved the draft Procedural Order and Issues List submitted by the parties.

Metrolinx applied for approval to expropriate portions of the subject properties for a temporary easement to provide construction access for track work related to the SmartTrack Program and GO Expansion.

Following discussions, the parties agreed to a revised, non-exclusive temporary easement with a reduced area.

The Tribunal found the proposed revised taking to be fair, sound, and reasonably necessary to achieve Metrolinx's objectives of expanding and improving public transit services, and recommended approval of the expropriation.

The Tribunal held a Case Management Conference regarding appeals by the applicants concerning the City of Toronto's failure to make a decision on a site plan approval application for a proposed residential development.

The Tribunal approved a revised draft Procedural Order and Issues List and scheduled a one-day video hearing for October 2, 2024.

The appellant appealed the City of Vaughan's failure to adopt requested official plan and zoning by-law amendments for a proposed high-density mixed-use development.

The parties reached a global settlement to amend the Promenade Centre Secondary Plan and the Comprehensive Zoning By-law.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with provincial policies and approved them on consent, dismissing the site-specific appeals as no longer necessary.

In an appeal regarding a zoning by-law amendment to permit a 33-storey mixed-use building, the Ontario Land Tribunal issued an order on consent substituting 274 Viewmount Developments Inc. as a party in place of Luis and Eduarda Matias, who had sold their property to the new corporation.

The Tribunal issued an order substituting 274 Viewmount Developments Inc. as a party in place of Luis de Leo and Eduarda Matias, following the sale of the subject property.

All parties consented to the request.

The Ontario Land Tribunal, acting as the Niagara Escarpment Hearing Office, held Case Management Conferences regarding appeals of a development permit granted by the Niagara Escarpment Commission.

The parties discussed narrowing issues and possible settlement.

The Tribunal scheduled a further Case Management Conference for July 17, 2024, to determine the pathway forward.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of Environmental Penalty Orders issued for contaminated water allegedly emitted from a former graphite mine.

The Tribunal ordered the consolidation of three related proceedings to ensure an efficient process and avoid inconsistent decisions.

A further Case Management Conference and a five-day hearing on the merits were scheduled, and a Procedural Order was approved.

The applicant appealed the City of Burlington's failure to make a decision on a zoning by-law amendment application to permit a four-storey retirement home.

Following a hearing, the Ontario Land Tribunal approved the amendment in principle, withholding its final order until the final form of the by-law was confirmed satisfactory and the City's 2020 Official Plan came into force for the subject property.

Having been advised that these conditions were met, the Tribunal issued its final order approving the Zoning By-law Amendment.

The Ontario Land Tribunal held a case management conference regarding appeals by INEOS Styrolution Canada Ltd. against a Director's Order and the suspension of its Environmental Compliance Approval related to benzene emissions.

The Aamjiwnaang First Nation requested and was granted party status without objection, given its direct interest and the health impacts experienced by its members.

The Tribunal also set dates for the first Case Management Conference and a two-day stay motion, and established a schedule for the exchange of motion materials.

At a Case Management Conference regarding appeals of a zoning by-law amendment and an official plan amendment, a motion for document production was adjourned.

The parties agreed to a pathway forward wherein the moving party would revise its document request and the responding parties would provide lists of relevant documents.

A further Case Management Conference was scheduled to finalize issues lists and restructure the order of the merit hearings.

The Ontario Land Tribunal held a Case Management Conference regarding an application by Reeves Construction Limited for a Category 3, Class A Licence for a proposed gravel pit.

The Tribunal approved a Procedural Order and Issues List, encouraged settlement discussions, and scheduled a 10-day video hearing commencing October 21, 2024.

The applicant sought leave to appeal the Director's decision to issue an Environmental Compliance Approval for a solid non-hazardous waste transfer facility.

The applicant argued the facility posed risks to local groundwater and the Thames River, and that public consultation was inadequate.

The Tribunal found the applicant had standing but failed the reasonableness test for leave to appeal.

The evidence showed all waste handling would occur indoors on an impermeable floor, posing no risk to water resources, and that the Director had considered all applicable laws, policies, and public comments.

The application for leave to appeal was dismissed.

The Tribunal convened a Case Management Conference (CMC) regarding appeals of Environmental Penalty Orders issued for contaminated water emitted from a former graphite mine.

The Appellant requested a brief adjournment on consent to retain new counsel.

The Tribunal granted the request and scheduled a further CMC for June 25, 2024.