A. Farough

The appellant appealed the City of Windsor's failure to approve a Zoning By-law Amendment and draft Plan of Subdivision to permit a 27-unit townhouse development.

The Tribunal allowed the appeals, finding the proposal represents 'gentle intensification' that is compatible with the neighbourhood.

Based on uncontroverted engineering and planning evidence, the Tribunal concluded the development would not create unacceptable traffic impacts, is consistent with the Provincial Planning Statement, conforms to the Official Plan, and represents good planning in the public interest.

The City of Windsor brought a motion for directions in an expropriation compensation proceeding, seeking orders to compel the Claimant to produce lease-related documentation, attend examinations for discovery, and adjourn the scheduled hearing.

The Claimant opposed the motion, arguing the requested documents were irrelevant and the request was late.

The Tribunal granted the City's motion, ordering the production of the requested documents, permitting both parties to conduct examinations for discovery, and adjourning the hearing to allow for these steps to be completed.

The applicant appealed the Committee of Adjustment's refusal of applications for consent to sever a residential property into three lots and for associated minor variances for reduced lot widths and side yard setbacks.

The Ontario Land Tribunal allowed the appeals, finding that the proposed infill development optimized a large corner lot, respected the neighbourhood character, and met the criteria under the Planning Act.

The provisional consent and minor variances were approved subject to conditions, including municipal servicing and tree preservation requirements.

The Ontario Land Tribunal held a Case Management Conference regarding appeals from the City of Windsor Committee of Adjustment's refusal of consent and minor variance applications to create three new lots.

Several neighbouring residents requested and were granted party status.

The appellant proposed changes to the requested variances during the hearing.

The Tribunal determined that new notice was required for the amended variances.

After notice was circulated and no objections to the changes were raised at a subsequent hearing, the Tribunal scheduled a two-day hearing on the merits.

The claimant sought compensation for the expropriation of portions of its properties by the City of Windsor for a road improvement project.

The claimant claimed damages for the value of the lands taken, injurious affection, and business losses.

The Tribunal preferred the expert evidence of the respondent's real estate appraiser and business valuator over the claimant's experts, finding the claimant's experts' reports flawed and unsupported.

The Tribunal awarded the claimant $194,000 for the market value of the lands and injurious affection, and $13,644 for business losses, for a total compensation of $207,644.

A case management conference was held regarding a claim for land compensation and injurious affection arising from the expropriation of property by the respondent for road reconstruction.

The parties submitted a draft procedural order on consent and requested a six-day hearing.

The Tribunal issued the procedural order and scheduled the hearing to commence on November 22, 2022.