Robert G. Ackerman

The appellant appealed the City of Mississauga Committee of Adjustment's denial of minor variances required to construct a two-storey single detached dwelling.

At the hearing, the parties presented a settlement involving an amended application with reduced variances for eaves height, ridge height, front yard setback, and dwelling depth.

Based on uncontested expert planning evidence, the Tribunal found the amended application met the four tests under s. 45(1) of the Planning Act, was consistent with provincial policies, and represented good planning.

The appeal was allowed and the amended variances were authorized subject to conditions.

The Ontario Land Tribunal previously allowed the appeals regarding an Official Plan Amendment and Zoning By-law Amendment to permit an 8 and 9-storey retirement residence with 242 units, but withheld its final order until the instruments were finalized to the satisfaction of the City.

Having been advised that the instruments were finalized to the satisfaction of the Commissioner of Planning and Infrastructure, the Tribunal issued its final order approving the Official Plan Amendment and Zoning By-law Amendment.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Barrie's Development Charges By-law 2023-74.

The parties reached an agreement on the terms of a Procedural Order and Issues List.

The Tribunal issued the Procedural Order on consent, setting a four-week hearing on the merits to commence in September 2024.

The claimant brought a motion for directions seeking an order requiring the respondent to provide responsive answers to undertakings and under advisements from an examination for discovery.

The underlying claim involves damages for expropriation, injurious affection, and trespass related to the Finch West LRT Project.

The Tribunal ordered the respondent to answer several undertakings, including providing names on a redacted email, producing requests for drone photographs, and answering questions about access obstruction and internal policies, finding that the principle of proportionality under the Rules of Civil Procedure does not apply to land compensation proceedings under the Expropriations Act.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the expropriation of a commercial property for the construction of the Ontario Line Subway.

The Tribunal reviewed and approved a draft Procedural Order, set a three-day hearing date for March 2025, and established timelines for pre-hearing steps including discovery, mediation, and the exchange of expert reports.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act for the expropriation of a property in Toronto by Metrolinx.

The parties agreed to a four-week hearing on the merits and finalized a Procedural Order.

The Tribunal scheduled the 19-day video hearing to commence on February 3, 2025, and approved the Procedural Order to govern the proceedings.

The Tribunal held a Case Management Conference to establish a Procedural Order and schedule a hearing on the merits for a compensation claim under the Expropriations Act.

The claim arose from the expropriation of a portion of the claimants' agricultural property for the construction of Highway 404.

The Tribunal issued the Procedural Order on consent and scheduled a five-day video hearing.

The Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the expropriation of a property used for electronic billboards.

The Tribunal directed the claimant to amend its Statement of Claim to remove a claim for punitive damages, as such damages are not available under the Act and the Tribunal lacks jurisdiction to award them.

The parties agreed to a procedural order and scheduled a five-day hearing on the merits to determine compensation.

The claimants brought a motion for an order compelling the respondent to answer questions refused or taken under advisement during an examination for discovery.

The underlying claim involves compensation for the expropriation of a temporary easement.

The Tribunal ordered the respondent to answer questions relating to property access and the section 25 appraisal, as they relate to disturbance damages and market value.

Questions regarding project design and agreements were deemed premature or irrelevant because construction had been delayed.

The claimants sought land compensation from the respondent municipality under the Expropriations Act.

The Ontario Land Tribunal issued a consent order resolving the matter.

The claimant, a restaurant operator, sought compensation for injurious affection and disturbance damages resulting from the expropriation of a portion of its leased plaza's common areas and the subsequent construction of the Eglinton Light Rail Transit project.

The Ontario Land Tribunal found that the claimant was an "owner" under the Expropriations Act due to its interest in the common facilities.

The Tribunal held that the severe traffic disruptions caused by the prolonged construction directly resulted in a significant decline in the restaurant's customer counts and revenues.

The Tribunal awarded $571,891 for business losses incurred between October 2017 and March 2020.

However, the Tribunal dismissed the claim for the loss of the business's overall value, finding that the restaurant's permanent closure was ultimately caused by the COVID-19 pandemic and its pre-existing reliance on the claimant's other shuttered restaurants, rather than the expropriation.

The appellant appealed under subsections 42(10) and 42(12) of the Planning Act regarding the determination of the value of land for a development in Toronto.

At the commencement of the hearing, the parties advised the Tribunal that a settlement had been reached.

The appellant subsequently confirmed the settlement was completed and withdrew the appeals.

The Tribunal closed its file and made no order.

The Ontario Land Tribunal held a second Case Management Conference regarding land compensation claims under the Expropriations Act.

The parties agreed to a procedural timetable and requested a change to the start date of the five-day merits hearing due to a religious holiday.

The Tribunal granted the request, established the timetable, and scheduled a third Case Management Conference.

At a pre-hearing conference for a compensation claim under the Expropriations Act, the parties advised the Tribunal that they had narrowed the issues and reduced the required hearing time to three and one-half days.

The parties also requested a schedule adjustment to accommodate the Passover holiday.

The Tribunal granted the requests and issued a revised procedural order.

The claimant brought a claim for compensation under the Expropriations Act.

During a status hearing, the parties advised the Tribunal that a comprehensive settlement had been reached.

The parties subsequently filed a consent to an order dismissing the claim.

The Tribunal granted the request and dismissed the claim.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the appellant against the respondent's calculation of development charges for a proposed self-storage facility.

The appellant argued that the development falls under an exception for the enlargement of an existing industrial building.

The Tribunal issued a Procedural Order and scheduled a two-day video hearing on the merits.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of an Environmental Penalty Order issued for water emitted from a former graphite mine.

The Tribunal reviewed a draft Procedural Order and directed amendments.

Noting the respondent's refusal to consent to mediation, the Tribunal invoked its mandate to ensure cost-effective resolution and directed the appellant to file a Request for Mediation.

A three-day hearing on the merits was scheduled.

The applicant brought a motion to dismiss the appellant's zoning by-law amendment appeal without a hearing.

At the commencement of the case management conference, the presiding Member recused himself due to a recent professional relationship with the appellant's land use planner.

The motion and case management conference were adjourned to be heard by a different Member.

At a Case Management Conference regarding compensation for an expropriated property, the Tribunal was advised that the claimant had passed away and a personal representative had been appointed.

Counsel for the deceased claimant's sister-in-law appeared, asserting she had an interest in the property and intended to apply to the Superior Court of Justice to establish her entitlement.

On consent of all parties, the Tribunal adjourned the CMC to allow time for the court application to be determined.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act arising from the partial expropriation of a commercial property operating as a Tim Hortons.

The parties agreed to a four-day video hearing and submitted a draft Procedural Order.

The Tribunal directed revisions to the timeline and subsequently issued the finalized Procedural Order governing the hearing on the merits.