Alex Lusty

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The appellants appealed the non-decision of the York Regional Council regarding a complaint seeking a refund of overpaid development charges.

The dispute centered on whether York's application of its interest rate policy to frozen development charge rates resulted in a total charge that exceeded the historic level of service, contrary to the Development Charges Act.

The Tribunal found that the interest provisions of the Act do not permit a municipality to charge more than what is needed to cover the cost of services.

The appeal was allowed, and York was ordered to refund the overpaid amount of $478,158.17 plus interest.

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

The Region requested time to answer questions from the appellants to assist in identifying issues and exploring settlement.

The Tribunal scheduled a further Case Management Conference and directed the parties to exchange draft issues lists and prepare a draft Procedural Order.

This was the first Case Management Conference for appeals filed by the appellants concerning an Education Development Charges By-law passed by the respondent school board.

The Tribunal scheduled a motion hearing to address a potential jurisdictional question regarding the Tribunal's authority to hear certain aspects of the appeals and set procedural dates for the filing of motion materials.

The Ontario Land Tribunal held a first Case Management Conference regarding three appeals related to Official Plan Amendment 254 and site-specific zoning by-law amendments in the City of Brampton.

The Tribunal granted party status to several entities and deferred the decision on whether to hear the appeals together to a second CMC, directing the parties to refine their issues lists and propose a hearing structure.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2623841 Ontario Inc. and MLB Holdings Ltd. against the County of Brant's failure to make a decision on zoning by-law amendment and draft plan of subdivision applications.

The Tribunal granted party status to Paris Grand Estates Inc. on consent.

A second Case Management Conference was scheduled to allow the County time to review the applicant's intended resubmission.

The Ontario Land Tribunal held a fourth Case Management Conference regarding multiple appeals of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The Tribunal granted requests to adjourn several site-specific appeals sine die pending the completion of a land use study and ongoing settlement discussions.

The Tribunal also noted the withdrawal of certain appeals and ordered that the un-appealed portions of the zoning by-law pertaining to the Highway 11 Corridor be deemed to have come into force on the day the by-law was passed.

At a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendment, and Consent to permit a single detached dwelling, the Tribunal consolidated the three files on consent.

As the parties had made substantial progress toward a resolution, the Tribunal scheduled a written settlement hearing.

The Pickering Islamic Centre brought a motion to strike the issues raised by Kindwin (Brock) Development Corporation in its appeal of a zoning by-law amendment.

Kindwin sought to impose a holding provision to enforce a private cost sharing agreement for roads and stormwater services.

The Tribunal found that it lacks jurisdiction to enforce private contractual matters or to impose a holding symbol for cost recovery purposes.

The Tribunal struck Kindwin's issues and dismissed its appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals from the Township of King's refusal of applications for an Official Plan amendment and Zoning By-law amendment.

The applications seek to permit the development of a single detached dwelling and accessory structures on private services.

The Tribunal adjourned a party status request from a neighbour to the next CMC and directed the parties to discuss consolidating these appeals with a related consent application appeal.

A further CMC was scheduled for January 9, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

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

Several appellants withdrew their appeals or party status requests.

The Tribunal scheduled future motions to consider settlement agreements for several appellants.

The Tribunal also heard and approved a settlement agreement between Appellant 13 (Northern Wide Plank Flooring Inc.) and the Township, modifying the zoning by-law to add an exception provision for the subject property, finding it consistent with provincial policies and good land use planning.

The Ontario Land Tribunal held a case management conference regarding an appeal by Greycan 12 Properties Inc. and 12501252 Canada Inc. against the Regional Municipality of York concerning a refund of overpaid development charges.

The Tribunal issued a procedural order setting a two-day video hearing for March 2024 and established the issues list and order of evidence.

A subsequent correction notice was issued to fix a typographical error in the teleconference access number.