Anna Toumanians

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development.

At the first Case Management Conference, the parties requested a second CMC to allow time to finalize the issues in dispute or reach a settlement.

The Tribunal granted the request and scheduled a second CMC.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Sarnia's new Official Plan.

The Tribunal adjourned the appeals by the Bright Grove Appellants sine die, pending the outcome of a proposed new Provincial Policy Statement regarding settlement area expansions.

The Tribunal also scheduled a two-day merit hearing for the appeals by the Short-Term Rental Appellants and directed the parties to submit a draft Procedural Order.

The applicants appealed the denial of minor variances and consent applications, as well as objected to a heritage designation by-law concerning their property in the Town of Grimsby.

On consent of all parties, the Ontario Land Tribunal issued a revised Procedural Order to govern the proceedings leading up to a four-day video hearing scheduled to commence on November 14, 2023.

The revised order sets out the updated schedule for the exchange of witness lists, expert reports, and other pre-hearing requirements.

The applicants appealed the denial of minor variances and consent applications, as well as objected to a heritage designation by-law concerning their property.

The Ontario Land Tribunal issued a procedural order setting out the organization of the hearing, requirements before the hearing, and the issues list for the upcoming video hearing.

The appellants appealed a Notice of Intention to Designate their property under the Ontario Heritage Act, as well as the refusal of consent and minor variance applications under the Planning Act.

At a Case Management Conference, the parties requested that the heritage and planning appeals be consolidated.

The Ontario Land Tribunal found consolidation appropriate for a fair and efficient hearing, ordered the appeals consolidated, and scheduled a four-day video hearing.

The appellant appealed the City of Hamilton's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit a mixed-use development with three residential towers.

Following a settlement between the parties, the Tribunal held a settlement hearing.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Niagara Escarpment Plan, and represented good planning.

The appeal was allowed in part to amend the Zoning By-law.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 26-storey mixed-use building.

The City argued for a maximum height of 17 storeys and a larger tower setback based on its unapproved 2020 Official Plan.

The Tribunal allowed the appeals in part, approving the 26-storey development.

The Tribunal found the proposal consistent with the Provincial Policy Statement and Growth Plan, noting it optimizes land use in an Urban Growth Centre, provides needed housing, and is compatible with the surrounding area without causing adverse impacts.

The appellant appealed the Town's failure to make a decision on an application to amend the Official Plan to redesignate lands from 'Restricted Agricultural Area' to 'Residential'.

Prior to the hearing, the parties reached a settlement.

Based on the uncontroverted expert planning evidence, the Tribunal found that the proposed amendment is consistent with the Provincial Policy Statement, conforms to the County Official Plan, and maintains the intent of the Town Official Plan, provided development occurs on full municipal services.

The Tribunal allowed the appeal in part and approved the Official Plan Amendment as modified by the settlement.

The appellant appealed the Niagara Escarpment Commission's decision to conditionally approve a development permit for a new single dwelling.

The appellant failed to attend the Case Management Conference and did not provide any planning justification for the appeal.

The Hearing Office dismissed the appeal pursuant to s. 25(8.1) of the Niagara Escarpment Planning and Development Act, confirming the Commission's decision.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

At a Case Management Conference for appeals regarding consent and minor variance applications, the Tribunal granted participant status to a neighbouring property owner.

The Tribunal also conditionally consolidated the current appeals with an anticipated appeal of a Notice of Intention to Designate the subject property under the Ontario Heritage Act, finding that consolidation would allow for efficient hearing of overlapping evidence.

A four-day merit hearing was scheduled.

The Tribunal convened a Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on an Official Plan Amendment application within the prescribed timeframe.

The amendment sought to redesignate lands from Restricted Agricultural Area to Residential.

The parties indicated they were close to a settlement and requested a further CMC.

The Tribunal scheduled a second CMC and granted participant status to abutting neighbours.

Mattamy brought a motion to consolidate two competing Official Plan Amendment (OPA) appeals regarding the Southwest Georgetown secondary plan, and to have its site-specific zoning and draft plan appeals heard together with the OPA appeals.

The Town brought a preliminary motion to strike the reply affidavit of Mattamy's planning expert, arguing it contained legal advocacy.

The Tribunal dismissed the motion to strike, finding the affidavit relevant but noting it would separate the planning opinion from the advocacy.

The Tribunal dismissed Mattamy's motion in its entirety, finding that hearing the site-specific appeals together with the OPA appeals would be premature, potentially prejudicial to the approval authorities, and could inappropriately invert the planning hierarchy.

The Tribunal also found no appreciable benefit to formally consolidating the two OPA appeals.

The Ontario Land Tribunal issued a Procedural Order following a case management conference regarding appeals of the Town of Plympton-Wyoming's Official Plan Amendments 51 and 54.

The appeals concern a request to permit a surplus farm dwelling severance and the Town's five-year review of its Official Plan.

The Order sets out the hearing schedule, issues list, and procedural requirements for the video hearing scheduled to commence on December 11, 2023.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant for the City of Brampton's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit two seven-storey apartment buildings.

The Tribunal finalized the Issues List, declining to include issues related to property values and noise impacts on an adjacent group home, and issued a Procedural Order scheduling a five-day hearing on the merits.

At a case management conference, the Ontario Land Tribunal addressed two motions regarding appeals of Official Plan Amendments 51 and 54.

On consent, the Tribunal ordered the appeals to be heard together.

The Tribunal also ordered the appellant to provide substantive responses to the Town's request for particulars on a without prejudice basis.

A five-day video hearing was scheduled for December 2023.

This was the fourth Case Management Conference regarding appeals of the Town of Halton Hills' failure to adopt a requested Official Plan Amendment and appeals against the adopted Official Plan Amendment 32.

The Tribunal received a status update on mediation efforts concerning natural heritage issues.

The Tribunal directed revisions to the Issues List proposed by a party, finding some issues were not relevant planning matters.

The Tribunal approved the revised Issues List and issued the Procedural Order to govern the upcoming three-phase merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Brampton's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit two seven-storey apartment buildings.

The Tribunal granted participant and party status to several individuals and the Region of Peel.

A second Case Management Conference was scheduled to allow the parties to scope issues and prepare a draft Procedural Order.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents an appropriate level of intensification for the site, which is located in an Urban Growth Centre.

The Tribunal allowed the appeals and approved the amendments in principle, subject to conditions including the provision of a 2.0-metre road widening dedication to the City to enhance the public realm.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Renimmob Properties Limited against the City of Burlington's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 25-storey mixed-use development.

The Tribunal granted party status to the Regional Municipality of Halton on consent.

A 14-day hearing was scheduled for April and May 2023, and the parties were directed to submit a finalized Procedural Order and Issues List.