Brian Duxbury

The applicant appealed a Committee of Adjustment decision approving a consent application to sever a parcel of prime agricultural land, seeking to amend or remove conditions related to well setbacks and water testing.

The applicant argued the boundary adjustment was necessary to meet a 15-metre setback from agricultural contaminants.

The Tribunal accepted the County's expert planning evidence that without proven contamination, expanding the setback was not a verifiable technical justification under the Provincial Policy Statement, whereas correcting existing zoning deficiencies was.

The appeal was dismissed and the original conditions were upheld.

The applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit the development of eight new residential units on a waterfront property.

The Tribunal considered issues related to stormwater management, environmental impacts, and conformity with local land use planning policies.

While finding that a holding provision could address stormwater and environmental concerns, the Tribunal ultimately dismissed the appeal.

The Tribunal concluded that the proposed urban form of development was uncharacteristic of the surrounding hodgepodge cottage country, did not harmoniously integrate into the waterfront community, and failed to conform to the Town's Official Plan and the Crystal Beach Secondary Plan.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a high-density residential development consisting of 1,060 units in buildings ranging from 3 to 26 storeys.

The subject property is located in a predominantly low-rise suburban neighbourhood.

The Tribunal found that the proposed development was inappropriately placed, incompatible with the existing neighbourhood character, and lacked adequate access to transit, community facilities, and active transportation networks.

The appeals were dismissed.

The applicant appealed the County of Brant's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit a residential development.

Prior to the hearing, the parties reached a settlement.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed planning instruments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and the County's Official Plan, and represented good land use planning.

The Tribunal allowed the appeals in part and approved the zoning by-law amendment and draft plan of subdivision.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The parties submitted a draft Procedural Order and scoped Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a five-day hearing of the merits to commence on August 26, 2024.

The applicant appealed the County of Brant's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit a residential development.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed planning instruments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and the County's Official Plan, and represented good land use planning.

The appeals were allowed in part to implement the settlement.

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 Town of Pelham requested a Case Management Conference regarding the failure of the appellant to satisfy conditions from an August 2022 Interim Order approving an Official Plan Amendment and Zoning By-law Amendment.

The conditions required the submission of odour control descriptions, a site plan, and a Contingency Odour Management Plan.

The Town requested a 60-day deadline for compliance, while the appellant requested 125 days due to internal management changes and a corporate sale.

The Tribunal found a middle ground, ordering the appellant to submit the required documentation by April 30, 2024, and establishing a timeline for the Town's review and final resolution.

A case management conference was held regarding appeals of an Official Plan Amendment and a Zoning By-law Amendment.

The Preservation of Agricultural Lands Society (PALS) requested party status in the Zoning By-law Amendment appeal.

The applicant objected, arguing PALS did not make submissions during the municipal process and lacked a direct interest.

The Tribunal granted PALS party status, finding they had sufficient grounds as an appellant in the related Official Plan Amendment appeal.

The Tribunal also directed the parties to finalize the draft procedural order and issues lists, and scheduled an eight-day hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Lucchetta Builders Inc. for a non-decision on Official Plan and Zoning By-law amendments to permit a 24-unit condominium in Welland.

The Tribunal granted party status to an area resident and participant status to three others.

A seven-day hearing was scheduled for November 2024, and the parties were directed to submit a draft Procedural Order.

This was a concurrent Case Management Conference regarding appeals of an Official Plan Amendment and a Zoning By-law Amendment for the expansion of a place of worship in the Greenbelt Plan Area.

The Tribunal ordered that the appeals be heard together, as they involve the same applicant, subject property, and proposed development.

The Tribunal also directed the removal of Natural Heritage matters from the Issues List because the appellants did not intend to call expert witnesses to address them.

A further Case Management Conference was scheduled.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendments, and a Draft Plan of Subdivision to facilitate the development of 38 single detached dwellings.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found that the proposed instruments, which remove linkage identifications and establish site-specific performance standards, are consistent with the Provincial Policy Statement, conform to the Growth Plan, and represent good planning.

The appeals were allowed in part to approve the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the Canadian National Railway Company against the City of Hamilton's approval of an Official Plan Amendment and Zoning By-law Amendment.

The amendments would permit a 447-unit residential development near a railway yard.

The Tribunal received an update on mediation efforts and approved the draft Procedural Order and Issues List to govern the upcoming nine-day merits hearing scheduled for May 2024.

The appellant, a municipal councillor and later mayor, appealed a decision finding he contravened the Municipal Conflict of Interest Act by attempting to influence the location of a municipal project near his commercial property.

The application judge ordered his removal from office and a two-year disqualification.

On appeal, the appellant challenged the Integrity Commissioner's jurisdiction, the finding of a pecuniary interest, the admission of expert evidence, the penalty, and the costs award.

The Divisional Court dismissed the appeal, finding no reviewable errors in the application judge's objective assessment of the conflict, her reliance on the expert valuation report, or her discretionary decisions on penalty and costs.

The Tribunal held a first Case Management Conference regarding appeals against the approval of an Official Plan Amendment to permit the expansion of a Place of Worship in the Greenbelt Plan Area.

The Tribunal granted Party Status to the applicant but denied a Party Status request from a local resident who sought to act as a negotiator rather than raise planning concerns.

The Tribunal also deferred a request to consolidate these appeals with a related Zoning By-law Amendment appeal, scheduling a combined Case Management Conference to address procedural matters.

The Applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit an eight-unit residential development.

At the first Case Management Conference, the Town requested an adjournment because its legal counsel had recently resigned.

The Tribunal directed the conference to proceed with the Town's Director of Planning acting as representative to ensure procedural fairness and an expeditious resolution.

The Tribunal granted party status to an adjacent property owner and participant status to five others, and scheduled a five-day merit hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The City requested a deferral of substantive discussions to allow for the evaluation of recent and pending legislative changes (Bills 23 and 42) to the Planning Act, and to continue settlement discussions with the remaining appellants.

The Tribunal agreed with the proposed strategy and scheduled a further Case Management Conference for February 21, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the Canadian National Railway Company against the City of Hamilton's approval of an Official Plan Amendment and Zoning By-law Amendment for a 447-unit residential development.

The parties agreed to continue with Tribunal-led mediation.

The Tribunal scheduled a third Case Management Conference for December 19, 2023, to finalize the Procedural Order and Issues List, and a nine-day hearing of the merits commencing on May 21, 2024.

The plaintiff provided electrical engineering and consulting services for a cannabis grow operation on tribal lands in California.

The project was shut down by a federal law enforcement raid, and the plaintiff was left with unpaid invoices for its work and materials.

The plaintiff sued the defendant, who had provided the funding for the project, arguing that the site manager who hired the plaintiff was acting as the defendant's agent.

The court found that the defendant and the tribe were in a partnership to operate the project, and that the site manager had actual authority to contract on behalf of the partnership.

The defendant was held liable for the unpaid invoices plus contractual interest.

The Town of Fort Erie brought a motion seeking partial approval of Official Plan Amendment No. 56 (the Crystal Beach Secondary Plan) and Zoning By-law No. 144-2021, bringing them into force except for the specific properties under appeal.

The Tribunal applied the four-part test from Casertano and found that the planning evidence supported the secondary plan, the remaining appeals were scoped to site-specific properties, the draft order protected the remaining appeals, and partial approval was in the public interest to allow other development applications to proceed.

The motion was granted.