Hugh S. Wilkins

At a Case Management Conference regarding appeals for a Zoning By-law Amendment and draft Plan of Subdivision, the Simcoe County District School Board requested and was granted Party status without objection.

The Appellant noted a recent Official Plan Amendment application and requested a further CMC to address a potential consolidated appeal.

The Tribunal scheduled a further CMC for March 28, 2023, and directed the parties to file a draft Procedural Order and Issues List.

The appellant appealed the City of Toronto's failure to make a decision on applications for zoning by-law amendments to facilitate a 7-storey mixed-use development.

The parties reached a global settlement agreement.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and representative of good planning.

The Tribunal allowed the appeals in part and approved the draft zoning by-law amendment in principle, withholding its final order pending the fulfillment of several conditions.

The Tribunal held a status hearing regarding an expropriation proceeding brought by the claimant seeking compensation from the Ministry of Transportation.

The parties updated the Tribunal on the preparation of a draft Procedural Order and Issues List, which were subsequently filed and approved.

The Tribunal scheduled a nine-day video hearing to commence on May 15, 2023, after the parties reported that settlement discussions had been unsuccessful.

At a second Case Management Conference regarding an appeal of a refused Zoning By-law Amendment application, the parties disagreed on whether the requirement for an Official Plan Amendment should be a separate threshold issue on the Issues List.

The Tribunal determined that the necessity of an Official Plan Amendment would be addressed through the adjudication of official plan conformity and directed the parties to remove it as a separate issue.

The Tribunal approved the revised Procedural Order and Issues List and scheduled a three-day video hearing.

The appellant appealed the Township's refusal of applications for official plan and zoning by-law amendments to permit the keeping of horses on her property, which is designated and zoned for urban residential use.

The Ontario Land Tribunal dismissed the appeals, finding that introducing agricultural uses into one of the Township's few urban residential areas would not be consistent with the Provincial Policy Statement's directives on efficient land use patterns and safe communities.

The Tribunal also found the proposed zoning by-law amendment did not conform with the Township's Official Plan.

The applicant appealed the Town's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications for a residential development.

The parties reached a settlement restricting development to below the 240-metre contour line.

The Tribunal approved the settlement, finding the proposed instruments consistent with the Provincial Policy Statement, in conformity with the Niagara Escarpment Plan and local official plans, and representing good planning.

The appellant appealed the Niagara Escarpment Commission's decision to issue a development permit to the applicant for the construction of a single dwelling and attached garage on a property located partly within an Escarpment Protection Area and an Escarpment Natural Area.

The appellant raised concerns regarding drainage, sewage disposal, and exterior lighting impacts.

The Hearing Office found that the proposed development conforms with the Niagara Escarpment Plan and is consistent with the Provincial Policy Statement, as it satisfies development criteria and would not negatively impact natural heritage features.

The appeal was dismissed and the Commission's decision to conditionally approve the permit was confirmed.

The appellant appealed the Town's approval of official plan and zoning by-law amendments that would facilitate a medical clinic and professional office development on a property in Virgil.

The appellant, who operates a nearby medical centre, argued the amendments were inconsistent with provincial policies, would remove needed residential lands, and would negatively impact existing commercial areas.

The Tribunal found the proposed instruments were consistent with the Provincial Policy Statement, conformed with the Growth Plan and the Region's Official Plan, and conformed with the Town's Official Plan.

The Tribunal accepted the applicant's market impact study, finding a need for the proposed medical uses and no evidence that the development would cause blight or significant adverse market impacts.

The appeals were dismissed.

The Tribunal held a Case Management Conference regarding appeals by the applicant concerning the municipality's failure to make decisions on applications for official plan and zoning by-law amendments, and an application for an aggregate extraction Class 'A' license for an existing quarry.

The Tribunal granted party status to a former participant, approved the draft Procedural Order and Issues List, and scheduled a further Case Management Conference and a ten-day hearing.

The applicants appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development with 35-storey and 33-storey residential towers.

The parties reached a settlement, which was supported by uncontested expert planning evidence.

The Tribunal allowed the appeal in part, finding that the proposed amendment is consistent with the Provincial Policy Statement, conforms with the Growth Plan and the City's Official Plan, and represents good planning.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit an 11-storey mixed-use building.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good planning.

The appeal was allowed in part to implement the settlement.

At a Case Management Conference regarding appeals of a draft plan of subdivision and a refusal to permit wetland relocation, the Tribunal granted Party status to the City of Hamilton and Participant status to several individuals in the Conservation Authorities Act appeal.

The Tribunal also ordered that the two appeals be heard together in a single phase, rather than consolidated, to ensure efficiency while avoiding prejudice to the parties.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant against the respondent's refusal to approve an application to demolish a dwelling on a designated heritage property.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a five-day video hearing.

At a Case Management Conference for an appeal regarding a proposed 8-storey mixed-use condominium, the Tribunal considered requests for party and participant status.

The Tribunal granted party status to a nearby resident, finding he had a genuine interest and raised valid issues.

Participant status was granted to four other residents without objection.

The Tribunal directed the parties to revise their draft Issues Lists and scheduled a further Case Management Conference.

The appellant appealed the City of Toronto's failure to make decisions on applications for official plan and zoning by-law amendments to facilitate a 59-storey mixed-use development at 510-528 Yonge Street and 7 Breadalbane Street.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments are consistent with the Provincial Policy Statement, conform with the Growth Plan and the City's Official Plan, and represent good planning.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for a zoning by-law amendment and site plan approval for a proposed residential development.

The Tribunal granted party status to an adjacent business and participant status to a local tenant.

The Tribunal approved the draft Procedural Order and Issues List, scheduled a 10-day hearing, and ordered the site plan appeal to be held in abeyance pending the resolution of the zoning appeal.

The appellants appealed the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a multi-building mixed-use development.

The parties reached a settlement prior to the hearing.

Based on uncontradicted expert planning and transportation evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representing good planning.

The appeals were allowed in part to implement the settlement.

The Tribunal held a Case Management Conference regarding appeals for official plan and zoning by-law amendments to permit a nine-storey mixed-use development.

The applicant reported that a settlement had been reached with one party and discussions were ongoing with others.

The Tribunal scheduled a further Case Management Conference for October 2022 and directed the parties to file a draft Procedural Order and Issues List if a comprehensive settlement is not reached.

The Tribunal held a status hearing regarding a land compensation claim for an expropriation in the Town of Tecumseh.

The Ministry of Transportation indicated that a settlement with the claimant was imminent.

The Tribunal scheduled a further status hearing for September 2022, directing the parties to either convert it to a settlement hearing or be prepared to set hearing dates and file a draft Procedural Order and Issues List if no settlement is reached.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a development permit approved by the Niagara Escarpment Commission for pond restoration at the Lathrop Nature Preserve.

One appellant withdrew their appeal prior to the conference.

The parties agreed to engage in settlement discussions and to draft a Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference for September 2022 to finalize the procedural matters and set hearing dates.