7 total
Merit hearing for residential development appeals adjourned sine die to permit Tribunal-led mediation.
The appellant appealed the municipality's refusal of a zoning by-law amendment and a vacant land condominium application for a 24-lot residential development.
On the second day of the scheduled 15-day merit hearing, the parties requested an adjournment to enter into formal Tribunal-led mediation.
The Tribunal granted the request and adjourned the appeals sine die.
The court dismissed a municipality's premature motion for document production and relief from the deemed undertaking rule.
The decision addresses a motion regarding the production and inspection of documents in an interpleader application brought by McAsphalt Industries Limited, a tenant on lands leased from the Fort William First Nation Development Corporation.
The City of Thunder Bay sought production of a 2017 Settlement Agreement and certain Addition to Reserve (ATR) Applications.
The court held that the 2017 Settlement Agreement should be produced for inspection, subject to the deemed undertaking rule, but refused to order production of the ATR Applications, finding they were not referred to in the relevant pleadings or affidavits and that their production was premature.
The court also declined to exempt the City from the deemed undertaking rule at this stage.
Motion for document disclosure and hearing adjournment granted in part to prevent prejudice to appellant.
The appellant brought a motion for directions seeking document disclosure from the respondent municipality and an adjournment of the scheduled merit hearing regarding appeals of a zoning by-law amendment and plan of subdivision refusal.
The Tribunal found that the appellant would be prejudiced without the disclosure of reports to Council and agency comments, and that an adjournment was necessary to allow time for production and review.
The motion was granted in part, ordering partial disclosure and rescheduling the merit hearing.
Tribunal scheduled a 14-day hearing and directed parties to submit an updated Procedural Order.
At a Case Management Conference regarding appeals from the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications, the Tribunal directed the parties to submit an updated draft Procedural Order and Issues List.
A 14-day video hearing was scheduled to commence in April 2025.
Tribunal granted party status to the City of Thunder Bay and scheduled a second CMC.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals from the Municipality of Shuniah's refusal to approve a zoning by-law amendment and a plan of subdivision.
The Tribunal granted party status to the City of Thunder Bay due to potential impacts on the City's water supply.
The parties were directed to finalize a draft Procedural Order and Issues List, and a second Case Management Conference was scheduled.
Extension of time granted for filed section 48 drainage appeals but denied for unfiled section 54 appeals.
The moving parties brought a motion for an extension of time to file appeals under sections 48 and 54 of the Drainage Act regarding a municipal drain.
The Tribunal granted the extension for the section 48 appeals, finding a bona fide intention to appeal, a reasonable excuse for the short delay due to illness, and triable issues.
However, the Tribunal dismissed the motion regarding the section 54 appeals because no such appeals had actually been filed to date, leaving the length of delay undetermined.
The court fixed full indemnity costs at $17,000 plus disbursements following the respondent's refusal to arbitrate.
The City of Thunder Bay sought costs on a full indemnity basis after successfully obtaining an order for an arbitrator's appointment due to the respondent's refusal to participate in arbitration.
The court, having previously ordered full indemnity costs, reviewed the City's submissions.
Despite the respondent's failure to file submissions, the court found the application was made unnecessarily complex by the respondent's irrelevant assertions.
Applying the principles from Boucher et al. v. Public Accountants Council for the Province of Ontario, the court fixed costs at a reduced amount of $17,000 plus HST and disbursements, finding it fair and reasonable given the circumstances and the respondent's conduct.
