Appeal dismissed; tribunal lacks jurisdiction to accept appeal from person not entitled to notice.
The appellant, a condominium unit owner, sought to appeal the Niagara Escarpment Commission's approval of a development permit for another unit within the same condominium corporation.
The appellant had not received notice of the decision from the Commission.
The Hearing Officer dismissed the appeal, finding that the Niagara Escarpment Hearing Office lacks jurisdiction to extend a right of appeal to a person who was not entitled to receive notice under the Niagara Escarpment Planning and Development Act.
Appeal proceedings regarding an environmental protection order adjourned to allow parties to finalize a settlement.
The appellants appealed a preventative measures order issued by the Director under s. 18 of the Environmental Protection Act regarding a steel mill and mining operations.
The order was issued in response to risks related to the insolvency of Essar Steel Algoma Inc. The parties requested a further adjournment of the appeal proceedings to finalize a settlement agreement in the context of ongoing CCAA proceedings.
The Tribunal granted the adjournment and scheduled a status update telephone conference call.
Appeal of development permit refusal dismissed; proposed severance of surplus farm dwelling did not meet timing or consolidation requirements.
The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to sever a new lot containing an existing two-storey single dwelling and retain the remnant parcel as an Agricultural Purposes Only lot.
The appellant argued that the dwelling was a residence surplus to a farming operation resulting from a farm consolidation and that the timing requirements for severance should be applied flexibly.
The Hearing Officers found that the new dwelling, built decades after the original dwelling was demolished and in a different location, was not equivalent to the original dwelling.
Furthermore, the clear and unambiguous 10-year occupation and 2-year application timing rules in the Niagara Escarpment Plan and Regional Official Plan were not met.
The appeal was dismissed and the NEC's decision was confirmed.
Tribunal approves settlement altering compliance dates for a Director's Order regarding dry-cleaning site contamination.
The appellants appealed a Director's Order requiring compliance with work items related to contamination at a former dry-cleaning site.
Prior to the hearing, the parties reached a settlement agreement to alter the compliance dates.
The Tribunal granted presenter status to three neighbouring landowners, who did not object to the settlement.
Finding the agreement consistent with the Environmental Protection Act and in the public interest, the Tribunal approved the settlement, directed the amendment of the compliance dates, and dismissed the appeals.
Tribunal issued a procedural order setting hearing dates for an appeal of a waste removal order.
The appellant appealed a confirmed provincial officer's order requiring the removal of demolition waste from a site.
Following a pre-hearing conference where the parties indicated that mediation would not be helpful and compliance had not been completed, the Environmental Review Tribunal issued an order setting the schedule for document exchange, witness statements, and the hearing dates.
Appeal of development permit for conservation area vault washrooms dismissed as compliant with Niagara Escarpment Plan.
The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit to construct two vault washrooms and associated septic tanks in the Terra Cotta Conservation Area.
The appellants raised concerns regarding increased traffic, parking issues, and the necessity of the washrooms in a natural area.
The Hearing Officers found that the proposed washrooms were a permitted use under the Niagara Escarpment Plan and met all applicable development criteria, noting that they would help prevent informal sewage disposal.
The appeal was dismissed and the Commission's decision was confirmed.
An estate is not a person and cannot apply for property tax relief for sickness or extreme poverty.
The son of a deceased property owner applied for property tax relief under s. 323(1)(e) of the City of Toronto Act, 2006 on behalf of his mother and the estate of his late father, citing sickness or extreme poverty.
The City of Toronto brought a preliminary motion challenging the estate's eligibility to apply.
The Assessment Review Board held that an estate is not a 'person' under the Act and therefore cannot apply for tax relief.
The Board further held that eligibility for tax relief based on sickness or extreme poverty ends upon death, as a deceased person has no necessities of living.
The application was amended to proceed with the mother as the sole applicant.
Appeal of development permit dismissed; off-site water source disputes fall outside tribunal's jurisdiction.
The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for the applicant to demolish and rebuild a single dwelling.
The appellant's primary concern was the applicant's reliance on an off-site water source located on the appellant's property.
The Hearing Officers found that the proposed development was a permitted use and met the development criteria under the Niagara Escarpment Plan.
The appeal was dismissed and the NEC's decision was confirmed, as issues regarding water rights and potential liability were outside the tribunal's jurisdiction.
Appeal of development permit refusal deemed confirmed following appellant's withdrawal.
The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to construct a single dwelling and associated structures.
Prior to the hearing, the appellant withdrew the appeal.
Pursuant to section 25(10.2) of the Niagara Escarpment Planning and Development Act, the withdrawal of the appeal resulted in the automatic confirmation of the Commission's decision.
The hearing was cancelled.
Hearing dates and procedural directions set for an appeal of a development permit for park washrooms.
The appellants appealed the conditional approval of a development permit application to construct vault washrooms in a conservation area.
During a pre-hearing conference, the appellants raised concerns regarding an access point to the property.
The hearing officers scheduled the hearing and set dates for the exchange of disclosure and witness statements.
Procedural directions and hearing dates set for an appeal of a development permit conditional approval.
The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to demolish an existing dwelling and construct a new one.
At a pre-hearing conference, the appellant raised concerns regarding the proposed development's water source and its potential impact on a shared artesian well.
The Hearing Panel determined that a requested property boundary fence was not an appropriate issue for the appeal.
The Panel issued procedural directions and scheduled the hearing dates.
Motion for a stay of a Director's order requiring removal of demolition waste dismissed.
The appellant appealed a Director's decision confirming a Provincial Officer's Order that required the cessation of demolition waste deposition and the removal of all waste from the site.
The appellant brought a motion for a stay of the Director's decision pending the appeal.
The Environmental Review Tribunal refused the request for a stay and dismissed the motion, with reasons to follow.
Tribunal approved settlement amending water taking permit conditions and dismissed the appeal.
The appellant appealed conditions of a Permit to Take Water issued for its golf course, which required the installation of nested bedrock monitoring wells.
Following mediation, the parties reached a settlement agreement to amend the permit conditions, requiring the conversion of an existing well into a multi-level observation well and shortening the permit duration to two years to gather data.
The Tribunal found the settlement consistent with the purpose of the Ontario Water Resources Act and in the public interest, ordered the Director to issue the amended permit, and dismissed the appeal.
Development permit for barn demolition amended to require Phase 1 and 2 archaeological assessments.
The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit recognizing the demolition of a barn on an adjacent property.
The appellant argued that additional conditions were required, including an archaeological assessment, a full site plan, and soil testing for contaminants that might affect his organic farm.
The Hearing Officers found that a full site plan and soil testing were unnecessary.
However, given the historical nature of the site and the likelihood of soil disturbance during demolition, the Hearing Officers recommended adding a condition requiring Phase 1 and 2 archaeological assessments.
The Minister subsequently confirmed the NEC's decision to issue the permit subject to the conditions.
Town of Pelham granted party status in appeal of development permit refusal.
The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to construct a single dwelling and other structures.
At a pre-hearing conference, the Town of Pelham requested party status, arguing it had a genuine interest because the subject property was within its boundaries and it objected to the application on the basis that the lot was not created through a Planning Act process.
The appellant opposed the request, asserting the Town had already recognized the lot by collecting property taxes.
The Hearing Panel granted the Town party status, finding its interests could be directly and substantially affected by the hearing.
Development permit conditional approval confirmed with revised expiration date following settlement and property purchase.
The Chippewas of Nawash Unceded First Nation and the Ontario Heritage Trust appealed the Niagara Escarpment Commission's conditional approval of a development permit for a property located within a sacred cultural landscape.
The parties reached a settlement agreement involving the purchase of the subject property by the Chippewas of Nawash.
The Hearing Officers confirmed the conditional approval with a revised expiration date, as agreed by the parties, and the appeals were withdrawn.
Appeal dismissed; conversion of existing barn to a weekend wedding facility approved as an on-farm diversified use.
The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit allowing the applicant to convert the upper floor of an existing barn into a commercial rental facility for weekend weddings.
The central issue was whether the proposed wedding barn constituted an 'on-farm diversified use' (OFDU) under the new Niagara Escarpment Plan.
The Hearing Panel found that the proposed development, limited to 30 events annually with a maximum of 175 guests, was secondary to the principal agricultural use of the property, compatible with the rural character of the area, and met all applicable development criteria.
Tribunal issues procedural order setting hearing dates for appeal of water permit conditions.
The appellant appealed conditions of a Permit to Take Water requiring the installation of a nested bedrock monitoring well at its golf course.
Following unsuccessful mediation, the parties requested that the Tribunal set dates for a hearing.
The Tribunal issued a procedural order setting the hearing dates, establishing a schedule for document disclosure and witness statements, and determining the order of evidence presentation.
Appeal of development permit dismissed as parties reached a settlement agreement with revised conditions.
The applicants sought a development permit to recognize the change in use of an unauthorized second dwelling to an accessory use and to carry out driveway alterations.
The Niagara Escarpment Commission conditionally approved the application, which the appellants appealed.
Prior to the hearing, the parties reached a settlement agreement with revised conditions.
The Hearing Panel found the revised conditions strengthened the protections for the Escarpment lands and confirmed the Commission's decision with the agreed-upon revisions, dismissing the appeal.
Appeal of renewable energy approval amendment dismissed as issues raised were outside the scope of the amendment.
The Appellant appealed the Director's decision to issue an amendment to a Renewable Energy Approval for a wind project.
The Approval Holder and the Director brought motions to strike the Notice of Appeal and dismiss the appeal, arguing the Tribunal lacked jurisdiction because the appeal raised issues unrelated to the specific amendment, which only allowed for an alternate transformer.
The Tribunal granted the motions, struck the Notice of Appeal and witness statements, and dismissed the appeal, finding that the Appellant failed to allege any harm arising specifically from the amendment.