Alstair Huw Alstyne Burton

Multiple appeals were brought under subsection 17(36) of the Planning Act regarding the adoption of a new town-wide Official Plan by the Town of Collingwood, as approved by the County of Simcoe.

At the first Case Management Conference, the Tribunal granted participant status to four requesting entities without objection.

The Tribunal deferred three requests for party status until the next CMC or until an Issues List is formalized, to allow the proposed parties to identify which issues they will shelter under pursuant to Rule 8.3 of the Tribunal's Rules of Practice and Procedure.

A second CMC was scheduled to consider the deferred requests and further organize the appeals.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the pre-hearing steps and hearing timetable for a claim for compensation under the Expropriations Act.

A five-day video hearing was scheduled to commence on December 8, 2025.

The Tribunal issued a Procedural Order to govern the upcoming 10-day hearing scheduled to commence on April 7, 2025.

The hearing concerns appeals related to the City of Niagara Falls' Employment Lands Strategy, a residential plan of subdivision, and associated official plan and zoning by-law amendments.

The order establishes the issues list, order of evidence, and deadlines for the exchange of witness statements and other materials.

The Tribunal issued an amending decision to correct a typographical error in its previous decision and order dated January 15, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the end date of the merit hearing from Friday, June 24, 2025, to Friday, June 20, 2025.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal referred by the Ministry of Natural Resources relating to an application for a Class A aggregate license for a proposed pit.

The Tribunal approved the draft Procedural Order and Issues List, scheduled a nine-day merit hearing, and encouraged the parties to engage in settlement discussions.

The Ontario Land Tribunal issued a procedural order following case management conferences regarding appeals by the applicant.

The appeals relate to the proposed establishment of a new aggregate extraction operation (gravel pit) in the Town of Caledon.

The order sets out the procedural dates, issues list, and order of evidence for the hearing scheduled to commence in October 2025.

The Ontario Land Tribunal issued a Procedural Order following Case Management Conferences regarding appeals by Blueland Farms Ltd. The appeals relate to a proposed aggregate extraction operation (gravel pit) in Caledon.

The Tribunal established the procedural rules, hearing dates, and the Issues List for the hearing scheduled to commence in October 2025.

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

The Divisional Court dismissed the motion for leave to appeal without costs.

The applicant requested a Telephone Conference Call to settle the wording of issues for a Procedural Order regarding appeals of a failure to adopt an Official Plan Amendment and a Zoning By-law Amendment.

The Tribunal directed the parties to retain an issue regarding conformity with the new Niagara Official Plan 2022, narrowed to a specific transition policy, and to include issues relating to consistency with the 2024 Provincial Planning Statement alongside the 2020 PPS.

The Tribunal approved the revised Procedural Order and Issues List.

The claimant's property was expropriated by Metrolinx for the construction of a subway station.

Following the claimant's death, a case management conference was adjourned multiple times to allow for the appointment of an estate trustee due to a dispute over the property's ownership.

After an estate trustee was appointed, the claimant requested a hearing date.

The Tribunal declined to schedule a hearing date over the respondent's objection that pleadings had not yet been exchanged.

The Tribunal ordered the claimant to deliver a Statement of Claim and the respondent to deliver a Reply, and adjourned the case management conference.

A Case Management Conference was held regarding appeals by the appellant against the township and county concerning an Official Plan Amendment and Zoning By-law regulating cannabis cultivation facilities.

The parties advised the Tribunal that a settlement concept is in place but requires municipal council endorsement.

The Tribunal ordered the parties to provide status updates and, if no settlement is reached, to submit a final draft Procedural Order and Issues List.

The applicant and the City of Owen Sound brought a motion for costs against the appellant after the appellant withdrew its appeal of a zoning by-law amendment two days before the scheduled hearing.

The moving parties argued the appeal was frivolous and the late withdrawal caused unnecessary expenses.

The Tribunal found that the appellant's conduct was not unreasonable, frivolous, vexatious, or in bad faith, noting the appellant had a statutory right to appeal and withdrew after reviewing the applicant's planning witness statement.

The motion for costs was denied.

The claimant sought compensation under the Expropriations Act for the expropriation of a property by the respondent.

During a case management conference, the Tribunal was advised that a non-party had commenced a Superior Court application seeking a declaration of sole beneficial ownership of the property.

Recognizing that the proper claimant could not be determined until the application was resolved, the Tribunal adjourned the case management conference on consent.

A Case Management Conference was held regarding appeals of an Official Plan Amendment and Zoning By-law Amendment in the City of Niagara Falls.

The Tribunal granted participant status to six individuals and entities and directed the parties to finalize a Procedural Order and Issues List.

The Tribunal also determined that a third-party zoning by-law appeal was not dismissed by the transition provisions of Bill 185, as the merit hearing had been scheduled prior to the legislative cutoff date.

Motion dates were scheduled to address the production of documents and resolve the Issues List.

This was the fourth Case Management Conference regarding a Notice of Arbitration filed by the respondent transit authority to determine compensation for the expropriation of the claimant's property.

The claimant had passed away, and an unresolved estate dispute existed regarding ownership of the property.

The claimant's counsel and counsel for the deceased claimant's sister-in-law requested that a hearing be scheduled, but the respondent objected due to the lack of clarity on who was bringing the claim and the absence of a Statement of Claim.

The Tribunal found it premature to set a hearing date and scheduled a fifth Case Management Conference, directing the parties to clarify the estate matter and file a Statement of Claim.

At a Case Management Conference regarding appeals of a zoning by-law amendment and an official plan amendment, a motion for document production was adjourned.

The parties agreed to a pathway forward wherein the moving party would revise its document request and the responding parties would provide lists of relevant documents.

A further Case Management Conference was scheduled to finalize issues lists and restructure the order of the merit hearings.

At a Case Management Conference, the Ontario Land Tribunal considered appeals by Cytec Canada Inc. and 2610832 Ontario Inc. regarding the City of Niagara Falls' By-law 2023-078 and Official Plan Amendment 147, which relate to the conversion of employment lands.

The Tribunal ordered that the appeals be heard together sequentially in a three-phase hearing and scheduled dates for potential motions and the merits hearing.

The Tribunal convened a Case Management Conference regarding a claim for compensation under the Expropriations Act following the expropriation of lands by Metrolinx.

The parties could not agree on a hearing date, with the claimant seeking a date in late 2024 and the respondent requesting spring 2025.

The Tribunal scheduled a three-day hearing for January 2025 and issued a Procedural Order to govern the proceedings.

The appellants appealed the Region of Niagara's decision to approve, with modifications, the City of Niagara Falls Official Plan Amendment No. 147 (OPA 147), which addresses the conversion of Employment Lands.

At a Case Management Conference, the Tribunal considered and granted several requests for party and participant status.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, and scheduled a second Case Management Conference to coincide with a related zoning by-law appeal.

At a Case Management Conference regarding compensation for an expropriated property, the Tribunal was advised that the claimant had passed away and a personal representative had been appointed.

Counsel for the deceased claimant's sister-in-law appeared, asserting she had an interest in the property and intended to apply to the Superior Court of Justice to establish her entitlement.

On consent of all parties, the Tribunal adjourned the CMC to allow time for the court application to be determined.