Yasna Faghani

The Ontario Land Tribunal issued an amended Procedural Order following a Case Management Conference regarding appeals by 30 Duke Street Limited against the City of Kitchener.

The appeals relate to the City's failure to make decisions on proposed Official Plan and Zoning By-law amendments, as well as an appeal under the Ontario Heritage Act.

On consent of the parties, the Tribunal amended the Procedural Order to add a participant, update the style of cause, and add co-counsel for the City.

At a Case Management Conference for appeals concerning Official Plan and Zoning By-law amendments for a 19-storey residential building, the Tribunal considered the draft Procedural Order.

A participant sought to include issues testing the proposal against the City's newly adopted Official Plan No. 49 and new Zoning By-law.

The Tribunal found that the subject property was explicitly exempted from both the new Official Plan and the new Zoning By-law because it was already under appeal.

Consequently, the Tribunal struck the issues related to the new planning instruments from the Issues List and approved the finalized Procedural Order for a 15-day merit hearing.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in the Title of Proceedings of a decision issued on October 15, 2024.

The amendment replaced the Title of Proceedings to accurately reflect the parties and objectors involved in the application for a Class 'A' License under the Aggregate Resources Act.

The applicants appealed the Town of Bradford West Gwillimbury Committee of Adjustment's refusal of their consent and minor variance applications.

The applications sought to sever a residential property to create three lots (a net increase of two) and requested variances for minimum lot area, rear yard setback, and exterior side yard setback.

The Ontario Land Tribunal allowed the appeals, finding that the proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and met the criteria under s. 51(24) and s. 45(1) of the Planning Act.

The Tribunal approved the applications subject to conditions recommended by Town staff, including a requirement for a Development Agreement and road widening conveyances.

The applicant sought a Class A licence under the Aggregate Resources Act to operate a quarry in Haldimand County.

Several area residents objected to the application, raising concerns about blasting, dust, noise, groundwater impacts, and traffic.

Prior to the hearing, the applicant and several objectors reached a settlement, resulting in revised site plan drawings that included enhanced groundwater monitoring and complaint response protocols.

Relying on the uncontroverted expert planning evidence, the Tribunal found the application consistent with the Provincial Policy Statement, in conformity with the official plan, and having appropriate regard for the statutory requirements.

The Tribunal directed the Minister to issue the licence subject to the revised site plan conditions.

A Case Management Conference was held to re-open an appeal by the applicant regarding the municipality's failure to make a decision on Official Plan and Zoning By-law amendment applications, as well as a related Heritage Act permit appeal.

The Tribunal granted participant status to two individuals, received updates on the municipality's conformity exercise, and scheduled a further Case Management Conference and a 15-day hearing.

The applicant appealed the Township's Committee of Adjustment decision refusing a minor variance application to convert a cottage property into a seasonal recreational camp.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert planning evidence, the Tribunal found that the requested variances satisfied the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized subject to site plan control and other conditions.

At a Case Management Conference, the Ontario Land Tribunal considered requests to consolidate site-specific zoning and subdivision appeals with ongoing Official Plan Amendment appeals concerning lands in the Town of Oakville.

The Tribunal granted the consolidation request on consent of the parties.

The Tribunal also directed the parties to proceed to Tribunal-assisted mediation and scheduled a further Case Management Conference for December 2024, along with a four-week merit hearing in June and July 2025.

The applicant appealed the City of Kingston Committee of Adjustment's refusal of a minor variance application to convert an existing detached garage into an additional residential unit.

The proposal required variances for parking, walkway access, interior setback, lot coverage, and fencing.

Based on uncontroverted expert planning evidence and minutes of settlement with the City, the Tribunal found the variances satisfied the four tests under s. 45(1) of the Planning Act.

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

The Ministry of Natural Resources and Forestry referred an application by the applicant for a Class A, Category 2 quarry licence to the Ontario Land Tribunal.

At the second Case Management Conference, the Tribunal finalized the list of objectors, noted ongoing settlement discussions, scheduled a three-day video hearing, and approved the Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for an Official Plan Amendment and Zoning By-Law Amendment to permit a residential development in Hamilton.

The Tribunal granted participant status to nine individuals, approved the Draft Procedural Order and Issues List, and scheduled a nine-day merit hearing to commence on October 1, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal of a zoning by-law amendment that prohibits short-term rental accommodations in the Municipality of Lakeshore.

The Tribunal granted participant status to a local resident, approved the finalized Procedural Order and Issues List, and scheduled a three-day merit hearing to commence on October 16, 2024.

The applicant appealed the City of Ottawa Committee of Adjustment's refusal of a minor variance to permit a home-based personal fitness training business to occupy 34% of the dwelling's gross floor area, exceeding the 25% maximum.

The Tribunal heard uncontroverted expert planning evidence that the business operates indoors without causing noise, traffic, or parking nuisances.

Finding that the variance met the four tests under s. 45(1) of the Planning Act and was consistent with provincial policies promoting economic development, the Tribunal allowed the appeal and authorized the variance.

The Ontario Land Tribunal held a first Case Management Conference regarding an application by Brant Aggregates Ltd. for a Class A, Category 2 quarry licence.

The Ministry of Natural Resources and Forestry referred the application and objections to the Tribunal.

During the conference, several objectors requested and were granted a change in status from party to participant.

The Tribunal denied participant status to two late requesters, including the County, finding their participation would not assist the Tribunal or would be prejudicial to the applicant.

The Tribunal scheduled a further Case Management Conference and directed the parties to prepare a draft Procedural Order and consolidated Issues List.

At a Case Management Conference regarding multiple appeals of Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision in the Town of Oakville, the Tribunal granted party and participant status to several entities on consent.

The Tribunal declined a request by the appellants to consolidate the site-specific appeals and set hearing dates, finding it premature given potential upcoming legislative changes to the Planning Act.

A further Case Management Conference was scheduled.

The applicant appealed the Town of Gravenhurst Committee of Adjustment's refusal of a consent application to create one new lot.

At the first Case Management Conference, the parties advised of a dispute regarding whether the underlying Draft Plan of Subdivision had lapsed, which the applicant had separately appealed to the District Municipality of Muskoka.

The Tribunal found that scheduling a hearing was premature given the uncertainty surrounding the subdivision appeal, which could impact the positions of the Town and the District.

The Tribunal scheduled a second Case Management Conference to allow the parties to update the Tribunal or present a settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellant against the Town of Perth and the County of Lanark for their failure to make decisions on a zoning by-law amendment and a plan of subdivision within the statutory timeframes.

The Tribunal granted participant status to two interested parties on consent.

A second Case Management Conference was scheduled to allow the parties to continue settlement discussions and narrow the issues, and the parties were directed to file a draft Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding a claim for compensation under the Expropriations Act following the partial expropriation of the claimants' property by the City of Windsor.

The Tribunal reviewed and approved a Procedural Order, directed the parties on mediation, and scheduled a three-day video hearing for November 2024.