Brittany Maione

This was the first Case Management Conference regarding five Official Plan Amendment appeals in the Town of Oakville.

The Tribunal granted party status to Enirox Dundas 3015 Inc., which had acquired the rights of a previous party.

The Tribunal also ordered the consolidation of the five appeals, noting they involved the same appellants, related amendments, and the same approval authority.

A second Case Management Conference was scheduled to address procedural issues and the potential consolidation of related zoning by-law and draft plan of subdivision appeals.

The applicant appealed the City of Burlington's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a high-rise residential development.

The parties reached a settlement for a revised proposal consisting of 22-storey and 17-storey towers connected by a 6-storey podium.

The Tribunal accepted uncontested expert planning evidence that the settlement proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable Official Plans, and represents good land use planning.

The appeals were allowed in part, with the final order withheld pending the satisfaction of conditions.

The applicant appealed the Town of Halton Hills' 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 subdivision.

The parties reached a settlement reducing the proposed development from 34 to 31 single-detached units and dedicating approximately 75% of the lands for public ownership.

The Tribunal accepted uncontested expert planning evidence that the revised proposal conformed to the intent of the Official Plan, addressed participant concerns regarding density and traffic, and represented good land use planning.

The appeal was allowed in part to approve the amended instruments and draft plan.

The Ontario Land Tribunal held a first Case Management Conference to organize hearings for nine appeals concerning three geographically related properties in Midtown Oakville.

The appellants seek to amend the Livable Oakville Official Plan and site-specific zoning, and request draft plans of subdivision to permit multiple residential towers with mixed-use podiums.

The Tribunal ordered that the appeals be heard together due to their proximity and commonality.

Party and participant status were granted to several entities, and a second Case Management Conference and a six-week hearing were scheduled.

A case management conference was held regarding appeals by three developers against the Town of Oakville for failing to make decisions on official plan amendments, zoning by-law amendments, and plans of subdivision for mixed-use developments.

The Tribunal granted party and participant status to several entities, ordered that the appeals be heard together due to their proximity and common issues, and scheduled a second case management conference and a six-week hearing.

The applicant appealed the Town of Oakville's failure to make a decision on a zoning by-law amendment application to facilitate a 10-unit townhouse development.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Halton and an abutting neighbour, and participant status to another individual.

A second Case Management Conference was scheduled to finalize the procedural order and issues list.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The parties advised the Tribunal that they were working towards a settlement and that the applications had been amended to increase the number of units.

The Tribunal directed Eaglewood to re-circulate notice of its revised proposal and scheduled hearing dates for the presentation of the proposed settlements.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Infinity Development Group Inc. against the City of Burlington's refusal of an Official Plan Amendment and Zoning By-law Amendment for a 29-storey mixed-use building.

The Tribunal scheduled a 14-day merit hearing to commence in February 2025 and directed the parties to submit a draft Procedural Order and Issues List.

The applicants appealed the City of Burlington's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a residential building.

Prior to the merits hearing, the parties reached a settlement for a revised 16-storey, 111-unit proposal.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part to approve the settlement.

The Ontario Land Tribunal held a case management conference regarding appeals by Nelson Aggregate Co. for official plan amendments and licenses to permit a quarry expansion.

The City of Burlington brought a motion to consolidate related Niagara Escarpment Commission appeals.

Due to concerns raised by the Tribunal regarding the City's supporting affidavit being sworn by a law clerk, the City withdrew its motion with liberty to refile.

The Tribunal scheduled a further case management conference to finalize the procedural order and hear the refiled motion.

The applicant appealed the refusal of a consent application to sever a property in a prime agricultural area to create a separate lot for an existing kennel, leaving the existing dwelling on the retained lot.

The Tribunal found that the proposed lot creation was not for agricultural uses but solely to facilitate the transfer of the kennel independent of the residential dwelling.

The Tribunal held that the application would fragment prime agricultural lands, was not consistent with the Provincial Policy Statement, and did not conform to the Growth Plan, Greenbelt Plan, Parkway Belt West Plan, or the applicable official plans.

The appeal was dismissed.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Camarro Developments Inc. against the City of Burlington's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed residential development.

The Tribunal granted party status to the Region of Halton and the Canadian National Railway Company (CN), finding their involvement necessary to adjudicate the issues effectively.

Participant status was granted to three individuals/groups.

The Tribunal also approved the Draft Procedural Order and scheduled an 11-day merit hearing.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The Tribunal granted participant status to the Trafalgar Township Historical Society and party status to the Regional Municipality of Halton and Conservation Halton.

The Tribunal also ordered that the appeals be heard together in a phased hearing and scheduled future hearing dates.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of parts of a golf course for residential units.

Following Case Management Conferences, the parties submitted a draft Procedural Order on consent.

The Ontario Land Tribunal issued the Procedural Order, which established the issues list, hearing dates, and procedural deadlines for the upcoming 19-day hearing.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by the applicant against the municipality's failure to adopt requested official plan and zoning by-law amendments.

The amendments seek to permit the construction of two 20-storey high-rise residential condominium buildings.

The order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Nelson Aggregate Co. for official plan amendments and an Aggregate Resources Act license to permit a quarry expansion.

The Tribunal granted party status to six entities, including the City of Burlington and the Regional Municipality of Halton, and participant status to 66 individuals.

The Tribunal directed the parties to collaborate on a Draft Procedural Order and Issues List and scheduled a further Case Management Conference to address a forthcoming motion for consolidation.

The Regional Municipality of Halton appealed a lower court decision that found a restaurant owner not guilty of violating the Health Protection and Promotion Act for improper food temperature.

The central issue was whether the offence was one of strict or absolute liability, and if the due diligence defence was correctly applied.

The court affirmed the lower court's finding that the offence was one of strict liability, not absolute liability, and upheld the finding that the restaurant owner had exercised due diligence in addressing the refrigerator malfunction.

The appeal was dismissed.

The Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on a site plan application for two industrial buildings.

The Region of Halton sought and was granted party status on consent, as the subject property accesses a regional road and is subject to the regional official plan.

The Tribunal approved the parties' draft Procedural Order and Issues List, and scheduled a two-day video hearing on the merits.

The applicant appealed the City of Burlington's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a 29-storey mixed-use building.

At the first Case Management Conference, the Ontario Land Tribunal granted party status to the Region of Halton and a condominium corporation, and participant status to one individual.

The Tribunal approved the Procedural Order and scheduled a 14-day video hearing on the merits.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of a refused consent application to sever a lot containing an existing kennel.

The Town of Oakville and Region of Halton had opposed the severance due to fragmentation of prime agricultural land.

On consent, the Tribunal granted party status to the Region of Halton.

As the parties were prepared to proceed, the Tribunal scheduled a three-day hearing on the merits and dispensed with the need for a Procedural Order and Issues List.