3 total
Tribunal grants party and participant status and schedules future hearing dates amid ongoing settlement discussions.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 60-unit residential development.
The Tribunal granted party status to an adjacent landowner and a residents' association, and participant status to several individuals.
A second CMC and a three-day hearing were scheduled to allow for ongoing settlement discussions between the parties.
Party status granted and Common Interest Class request denied as premature at first CMC for parkland by-law appeals.
The Tribunal held a first Case Management Conference regarding appeals by multiple developers against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.
The Tribunal granted party status to two additional entities on consent.
The City requested the establishment of a Common Interest Class under Rule 8.4, which was opposed by the appellants and denied by the Tribunal as premature.
A second Case Management Conference was scheduled, and parties were directed to exchange their particularized issues for a draft Procedural Order.
Summary judgment in construction lien dispute denied due to credibility issues regarding contractual relationships.
The plaintiff contractor brought a motion for summary judgment in a construction lien action, seeking $68,790.00 for home renovation work.
The defendant homeowners argued they had contracted with a different company, which had a penalty clause for late completion, and that the plaintiff either assumed that contract or was a subcontractor.
The court dismissed the motion, finding genuine issues for trial regarding the contractual relationships, credibility of witnesses, and the enforceability of the penalty clause, which could not be resolved on the written record.
