William Middleton

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant concerning the municipality's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision.

The proposed development includes multiple apartment buildings and townhouses.

The hearing is scheduled to commence on March 4, 2024, for 15 days.

The claimant brought a motion seeking answers to undertakings and questions refused by the respondent during examinations for discovery in an expropriation proceeding.

The Ontario Land Tribunal applied the Rules of Civil Procedure regarding relevancy and proportionality to assess the disputed questions.

The Tribunal found that questions relating to the 'Issue of Frontage', 'Issue of Dedication', and 'Compatibility Issue' were relevant to the pleadings, while questions regarding 'Differential Treatment' and prior negotiations were not.

The Tribunal ordered the respondent to answer specific relevant questions and directed the parties to amend the procedural order.

The Ontario Land Tribunal held a Case Management Conference to finalize a Procedural Order and set a hearing date for appeals concerning proposed Official Plan and Zoning By-law Amendments.

The amendments would permit a 662-unit subdivision on lands currently occupied by a golf course.

The parties reached a consensus on the material terms of the draft Procedural Order.

The Tribunal scheduled a 14-day video hearing to commence on July 2, 2024, and issued the agreed-upon Procedural Order to govern the proceedings.

A telephone conference call was held to address outstanding costs from a 2019 expropriation decision.

The parties had not yet resolved the costs issue.

The Tribunal ordered the claimant to respond to the region's request for further information by August 31, 2023, and directed the parties to advise by September 29, 2023, if they require adjudication of the costs dispute.

The parties were also encouraged to consider mediation.

The Tribunal held a Case Management Conference to address a joint request by the appellant and the City to adjourn a scheduled 10-day merits hearing.

The request was prompted by a late-filed appeal by the Bayview North Neighbourhood Association against the City's heritage designation by-law for the subject property.

The Tribunal reluctantly granted the adjournment to allow the appellant's motion to dismiss the heritage appeal to be heard first, scheduling the motion for a few days later.

The Toronto Region Conservation Authority was released from the proceeding following a settlement.

A case management conference was held regarding a claim for disturbance damages arising from the expropriation of a commercial tenancy by Metrolinx.

The Ontario Land Tribunal issued a procedural order on consent, scheduling a three-day video hearing for June 2024 and a further case management conference for January 2024.

At a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 469, the Tribunal approved consent proposals from the parties.

The proposals included scoping Cadillac Fairview's appeal, adjourning certain motions, and significantly reducing the scheduled hearing time from 46 days to 13 days.

The Tribunal issued orders bringing certain parts of OPA 469 into force and effect, and revised the Procedural Order accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by HL General Partner Inc. against the City of Ottawa concerning development fees levied in connection with a building permit.

The Tribunal scheduled a three-day video hearing and issued a Procedural Order to govern the conduct of the proceeding.

This was the third Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal approved the draft Procedural Order submitted by the parties, scheduled a 15-day merits hearing for April 2024, and granted participant status to a local resident.

A second Case Management Conference was held regarding an appeal of the Region of Peel's Development Charges By-law No. 77-2020.

The parties advised the Tribunal that they are continuing negotiations to narrow the issues or achieve a full resolution.

The Tribunal noted that an Amended Procedural Order had previously been issued on consent, setting a new hearing date for November 28, 2022.

The parties were directed to contact the Tribunal if a further Case Management Conference or settlement hearing is required.

The applicant appealed the City of Hamilton's failure to make a decision on applications to amend the zoning by-law and a plan of subdivision to permit a residential redevelopment.

At the first Case Management Conference, the Tribunal denied a request for participant status from an absent adjoining landowner.

The Tribunal scheduled a 5-day hearing and issued a Procedural Order on consent of the parties.