Third-party appeal deemed dismissed under Bill 185 as merit hearing was not ordered before cutoff date.
The applicant brought a motion for directions regarding a third-party appeal of a zoning by-law amendment to permit a retirement home.
The applicant argued that the appeal was deemed dismissed under the newly enacted Bill 185 transitionary provisions of the Planning Act, as a merit hearing was not ordered to be scheduled prior to the April 10, 2024 cutoff date.
The Tribunal found that while dates were canvassed at a case management conference on April 4, 2024, a formal order scheduling the hearing was not issued until April 18, 2024.
Consequently, the Tribunal determined the appeal was deemed dismissed by operation of law and could not continue.
OLTOntario Land TribunalJun 27, 2024