Alexandra Whyte

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.

This was the second Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

The Tribunal held certain party status requests in abeyance, approved the scoping of several appeals, and established a Procedural Order and Issues List for two phased hearings.

The Tribunal also scheduled a motion for the Township to seek approval of the un-appealed portions of the by-law and inverted a previous consolidation of a site-specific appeal.

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.

The applicant appealed the Township of King's comprehensive zoning by-law regarding its failure to recognize an approved consent and incorporate appropriate modifications for a site-specific exception zone.

The parties reached a settlement proposing minor modifications to clarify farm help dwelling permissions and add zoning standards.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications consistent with the Provincial Policy Statement and in conformity with applicable provincial and municipal plans.

The motion was granted and the zoning by-law was amended accordingly.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a 30-storey residential building.

Prior to the hearing, the parties reached a settlement agreement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable official plans, and represented good planning.

The Tribunal allowed the appeals in part to implement the settlement, withholding its final order pending the finalization of site plan and zoning by-law details.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Nucon Property Development Inc. and 2203315 Ontario Corp. against the Town of Caledon's refusal of temporary use zoning by-law amendments.

The Tribunal addressed notice issues, granted participant status to several individuals, and reviewed the draft Procedural Order and Issues List.

Over the appellants' request for a later date to accommodate specific counsel, the Tribunal scheduled a six-day video hearing for August 2023, citing the public interest in resolving the legality of ongoing uses promptly.

The appellants appealed the Town of Oakville's adoption of a Community Benefits Charge By-law under s. 37(17) of the Planning Act.

At the first Case Management Conference, the Tribunal was advised that a settlement had been reached among most parties, but one appellant raised an issue regarding the Tribunal's jurisdiction to vary the prescribed 4% charge.

The Tribunal directed that appellant to bring a motion on the jurisdictional issue and scheduled a second Case Management Conference.

The appellant subsequently withdrew its appeal, and the Tribunal converted the scheduled hearing to consider the settlement among the remaining parties.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant for the Town of Caledon's failure to make a decision on a zoning by-law amendment application within the prescribed time.

The application seeks to permit an industrial and warehousing facility.

The Tribunal granted conditional party status to the Region of Peel to monitor servicing issues, and participant status to a nearby resident.

A three-day video hearing was scheduled and a Procedural Order was approved.

The Ontario Land Tribunal held a concurrent Case Management Conference for two separate proceedings concerning the transfer of aggregate licences under the Aggregate Resources Act.

The Tribunal determined that, due to common jurisdictional and legal issues regarding financial compensation for licence transfers, both proceedings should be heard by a common panel to avoid inconsistent findings.

The Tribunal issued procedural orders and scheduled the hearings for November 2023 and February 2024.

The applicant appealed the City of Vaughan's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a 30-storey residential building.

At the third Case Management Conference, the parties advised they were working towards a settlement.

The Tribunal scheduled a further Case Management Conference, set a 14-day merits hearing, and approved the draft Procedural Order to govern the proceedings.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal against the City of St. Thomas's refusal of a zoning by-law amendment application.

The application sought to permit the development of two high-density residential blocks.

The order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence for the 5-day video hearing scheduled to commence on May 23, 2023.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals of the City of Brampton's adoption of Official Plan Amendment 206-210 (Heritage Heights Secondary Plan).

The parties agreed to collaborate on policy wording and continue drafting the Procedural Order and Issues List, with a focus on resolving issues related to the GTA West Corridor.

The Tribunal scheduled a third Case Management Conference for July 6, 2023, and directed the parties to submit a revised draft Procedural Order by June 22, 2023.

Shawside Development Limited brought a motion to dismiss an appeal by Michael Vaughan against a zoning by-law passed by the City of St. Thomas.

The appellant failed to respond to multiple directions from the Tribunal to provide an issues list or respond to the motion materials.

The Tribunal dismissed the appeal without a hearing under section 19(1)(c) of the Ontario Land Tribunal Act, finding it had no reasonable prospect of success.

The Tribunal held a Case Management Conference and settlement hearing regarding appeals of the Town of Penetanguishene's new Comprehensive Zoning By-law.

One appellant requested an adjournment, which was granted.

A participant challenged the validity of the second appellant's appeal, but the Tribunal found the appeal valid as the appellant had made written submissions prior to the by-law's passage.

The Tribunal approved a proposed settlement for the second appellant, amending the zoning by-law to permit a 31-unit townhouse development, finding it consistent with provincial policies and good planning.

The remainder of the by-law was deemed in force, save for lands subject to the remaining appeal.

The appellant appealed a Committee of Adjustment decision granting a front yard variance and refusing a side yard variance for a proposed detached dwelling.

The appellant raised concerns regarding building height, shadow impacts, and lot coverage.

Relying on the unshaken expert planning and engineering evidence provided by the municipality, the Tribunal found that the front yard variance met the four tests under the Planning Act, while the side yard variance did not.

The appeal was dismissed and the front yard variance was authorized.

This was the first Case Management Conference regarding two appeals for the refusal of temporary use zoning by-law amendments by the Town of Caledon.

Due to issues with notice to neighbouring residents, the Tribunal scheduled a second CMC and directed that notice be re-issued.

The Tribunal also granted Party status to the Regional Municipality of Peel and Participant status to four local residents.

The applicant appealed the Town of Penetanguishene's failure to make a decision on a zoning by-law amendment application to facilitate a residential townhouse development.

The parties reached a settlement for a 31-unit freehold townhouse development.

Based on the uncontradicted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable official plans.

The appeal was allowed and the zoning by-law was amended.

The Ontario Land Tribunal held a case management conference to organize the hearing of three related appeals concerning residential developments in the City of St. Thomas.

The Tribunal directed the finalization of the Issues List and scheduled an eight-day video hearing on the merits for May 2023.

One self-represented appellant was cautioned regarding the Tribunal's jurisdiction and advised to seek professional assistance.

The Tribunal held a second Case Management Conference regarding appeals by the applicant for the municipality's failure to make decisions on a Zoning By-law Amendment and Draft Plan of Subdivision within the statutory timeframe.

The parties reported ongoing settlement discussions and requested additional time to finalize the draft Procedural Order.

The Tribunal directed the submission of the final draft Procedural Order, which was subsequently received and approved to govern the scheduled hearing on the merits.