Alex Lusty

The City of Burlington requested a review of a Tribunal decision that refused to dismiss an appeal of the new City Official Plan.

The original decision held that the appeal survived the sale of the subject property because it was 'tied to the land', and directed the City to contact the new owner.

The Tribunal Chair granted the request for review, finding that the original decision contained an error of law.

The Chair held that while Tribunal decisions regarding permitted land uses run with the land (in rem), the right to commence, maintain, or withdraw an appeal is a personal right (in personam).

The original decision was varied to dismiss the appeal without a hearing on the merits.

The Appellant brought a motion for costs against the Municipality and a private respondent, seeking 75% of his legal expenses on a substantial indemnity basis, alleging unreasonable and vexatious conduct.

The private respondent also sought costs of the motion.

The Tribunal dismissed both requests, finding that the conduct complained of—including the municipality's initial refusal without reasons, pursuit of allegedly irrelevant issues, failure to settle, and a recusal request—did not meet the high threshold required for a costs award.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the Town of Caledon's decision to adopt Official Plan Amendment No. 285.

The Tribunal granted party status to Global Properties Inc. and related entities, and participant status to the Peel District School Board.

A second Case Management Conference was scheduled for March 6, 2026.

The Tribunal held a Case Management Conference regarding appeals against the City of Brantford's new Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal scheduled future hearing dates and approved a procedural order.

Additionally, the Tribunal heard and approved a settlement between BSC Landco Inc. and the City regarding the property at 555 Greenwich Street.

Based on uncontested planning evidence, the Tribunal allowed the appeal in part to rezone a portion of the property from 'Core Natural' to a 'Holding - General Employment' zone, finding it consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Regional Municipality of Halton's approval of the new City of Burlington Official Plan, as well as appeals against OPA 119 and ZBL 418.

The Tribunal granted non-appellant party status to Canadian National Railway Company, substituted Inaria Burlington Inc. for Burlington Healthcare Centre Inc., and scheduled a motion hearing to consider dismissing certain appeals and addressing potential settlements.

The Appellant appealed the Town's refusal of a Zoning By-law Amendment to increase the permitted lot coverage for accessory buildings from 10% to 11.5%, to allow an existing second dwelling to be converted into a storage building.

The Town and a neighbouring property owner opposed the application, arguing the Tribunal should impose regulations on an Additional Residential Unit (ARU) the Appellant planned to build in an existing garage.

The Tribunal allowed the appeal, finding that the ARU issues were irrelevant to the requested relief and that the minor increase in lot coverage constituted good planning.

The Tribunal also dismissed a motion for recusal based on alleged perception of bias during case management.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Brantford's Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal granted requests from several parties to withdraw their appeals.

Additionally, the Tribunal granted a request by Losani Homes to consolidate its site-specific appeals of the Comprehensive Zoning By-law with its appeals of privately-initiated applications for the same properties, finding it would be an effective and efficient use of resources.

Further Case Management Conference dates were scheduled.

This was a status hearing regarding multiple appeals against the Region of Halton's approval of the new City of Burlington Official Plan, as well as appeals against Official Plan Amendment No. 119 and Zoning By-law Amendment No. 2020-418.

The Tribunal deferred a party status request from Canadian National Railway Company to the next Case Management Conference to allow parties time to obtain instructions.

The Tribunal scheduled a further Case Management Conference for July 16, 2025.

The moving party brought a motion for leave to appeal two decisions of the Ontario Land Tribunal.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding municipality in the all-inclusive amount of $5,000.

The Ontario Land Tribunal held a first Case Management Conference regarding three appeals filed against the County of Brant's Development Charges By-law No. 109-24.

The parties agreed to a procedural timeline for exchanging issues lists and interrogatories.

The Tribunal ordered the submission of a draft Procedural Order and scheduled a second Case Management Conference for June 25, 2025.

The City of Brantford brought a motion to scope appeals of its new Comprehensive Zoning By-law (CZBL) and to bring the unappealed portions of the CZBL into full force and effect on a city-wide basis.

The appellant parties consented to scoping their appeals to their specific sites or areas.

Relying on uncontested planning evidence, the Tribunal found that granting the motion represented good planning as it would streamline the development process.

The Tribunal granted the motion pursuant to s. 34(31) of the Planning Act, bringing the CZBL into force save and except for the specific properties under appeal.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 4, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to correct the spelling of counsel Diana Doracin's name in the appearances list.

In all other respects, the original decision and order remain unchanged.

The Ontario Land Tribunal issued a Procedural Order to govern the hearing of appeals by the applicants concerning the municipality's failure to make a decision on applications for a Zoning By-law Amendment and a Draft Plan of Subdivision.

The hearing is scheduled to commence on October 20, 2025, for 20 days.

This was the first Case Management Conference regarding multiple appeals against the City of Brantford's new Comprehensive Zoning By-law No. 124-2024 and Official Plan Amendment 11.

The Tribunal granted party status to several entities on consent.

The parties agreed to schedule a Motion Hearing to further scope the issues, which may lead to the resolution or withdrawal of some appeals.

The Tribunal scheduled the Motion Hearing for March 4, 2025, and a second Case Management Conference for April 30, 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal of the Town of Georgina's refusal to adopt a requested zoning by-law amendment.

The amendment would permit the conversion of a single detached dwelling into an accessory structure.

The Tribunal granted party status to one individual and participant status to several others on consent.

A three-day hearing on the merits was scheduled, and a procedural order was approved.

The appellant appealed the municipality's refusal to adopt a requested zoning by-law amendment to permit the conversion of a single detached dwelling into an accessory structure.

At the first Case Management Conference, the Tribunal deferred decisions on several party and participant status requests on consent to allow the parties time to construct an issues list.

A second Case Management Conference was scheduled for November 21, 2024.

Crystal Homes brought a motion to dismiss the Credit Valley Residents Association's appeal of an Official Plan Amendment and Zoning By-law Amendment without a hearing.

The Tribunal found that the appeal disclosed no apparent land use planning grounds, was frivolous, and had no reasonable prospect of success, as the relevant by-laws were already in effect and not properly appealed.

The appellant's representative supported the motion.

The Tribunal granted the motion and dismissed the appeal against the Crystal Homes site.

This decision arises from a Case Management Conference regarding appeals by the Building Industry and Land Development Association and Sionito Community Development Corporation against an education development charge by-law enacted by the Toronto Catholic District School Board.

The Tribunal struck two issues from the draft issues list that were strictly legal argument, tightened the language of other issues, and scheduled a five-day phased hearing for the appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Regional Municipality of Durham's Development Charges By-law No. 42-2023.

The Tribunal approved a finalized Procedural Order and Issues List, scheduled a 20-day merit hearing to commence in February 2025, and granted a request to change the status of Fieldgate Developments and Umiak Investments Limited from Party to Participant.

The applicant appealed the Committee of Adjustment's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and Consent to sever.

The applications sought to permit the development of a single detached dwelling and accessory structures on a property containing natural heritage features.

The parties reached a settlement agreement.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed development was consistent with provincial policies, conformed to applicable official plans, and represented good planning.

The appeals were allowed and the instruments were approved.