Brittany Maione

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated February 28, 2023.

The amendment corrected the date and GoToMeeting login information for the upcoming three-week hearing on the merits, which is now scheduled to commence on April 29, 2024.

A Case Management Conference was held regarding appeals by Burlington 2020 Lakeshore Inc. against the City of Burlington's refusal of Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The Tribunal approved the Procedural Order on consent and scheduled a 15-day hearing on the merits for April 2024, noting that a pending motion review regarding the application date may affect the schedule.

The Ontario Land Tribunal issued an amending decision to correct typographical errors in its January 10, 2023 decision.

The amendments corrected the appearances to include the Millcroft Greenspace Alliance as a party and corrected references to the Millcroft Greenspace Alliance in the body of the decision.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit a nine-storey mid-rise building.

The Ontario Land Tribunal held a Case Management Conference to organize the hearing.

The Tribunal granted party status to the regional municipality and participant status to several individuals.

A seven-day video hearing was scheduled and a procedural order was issued to govern the proceedings.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on official plan and zoning by-law amendment applications within statutory timeframes.

The parties reported ongoing productive settlement discussions.

The Tribunal scheduled a fourth Case Management Conference for May 24, 2023, which may be converted to a settlement hearing if the issues are resolved.

The applicant appealed the Town of Oakville's failure to make a decision on zoning by-law and draft plan of subdivision applications within the legislative timeframe.

At the first Case Management Conference, the Tribunal granted party status to the Region of Halton, Conservation Halton, Eaglewood Communities Inc., and Dennis Khanna.

The Tribunal scheduled a second Case Management Conference to consider a draft Procedural Order and Issues List, and directed that Eaglewood's related appeals be heard together with these proceedings.

The appellants 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 mid-rise mixed-use building.

The parties reached a settlement for a revised 12-storey proposal.

Based on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policy, conforming to regional and local plans, and representing good planning.

The appeals were allowed in part to approve the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Infinity Development Group against the City of Burlington's failure to make a decision on Official Plan and Zoning By-law amendment applications for an 11-storey apartment building.

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

The Tribunal also issued a Procedural Order and scheduled a 10-day hearing on the merits.

The moving party brought a motion to consolidate its appeal regarding an official plan amendment with its other appeals concerning zoning by-law and subdivision applications.

The responding party opposed the motion.

The Tribunal found that the notice of motion was served only seven days before the hearing, in contravention of the mandatory 15-day requirement under Rule 10.5 of the Tribunal's Rules of Practice and Procedure.

As the supporting affidavit provided no reason for the short service, the Tribunal declined to abridge the time and dismissed the motion.

A Case Management Conference was held regarding appeals by the applicant for the failure of the municipality to make decisions on applications to amend the Official Plan and Zoning By-law, and a proposed plan of subdivision to permit the redevelopment of parts of a golf course.

The Tribunal granted participant status to a list of individuals and denied the applicant's request to postpone the determination of party status, granting party status to the regional municipality, conservation authority, and two ratepayers' groups.

A further Case Management Conference was scheduled.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by SmartCentres and related entities concerning the Town of Oakville's failure to make a decision on applications for an official plan amendment and zoning by-law amendment.

The applications seek to permit a mixed-use building consisting of two residential towers.

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

This was the first Case Management Conference regarding appeals by SmartCentres from the Town of Oakville's failure to make a decision on applications to amend the Official Plan and Zoning By-law.

The applications propose a mixed-use development with two residential towers.

The Tribunal granted party status to the Region of Halton and participant status to two individuals.

A 5-day video hearing was scheduled for May 2023.

The appellants appealed the approval of Official Plan Amendment 44 by the Town of Halton Hills and the Regional Municipality of Halton.

At the first Case Management Conference, the Tribunal granted party status to a residents' association and participant status to an individual.

The Tribunal declined a request to consolidate one of the appeals with a site-specific appeal, noting that no formal motion had been brought and that pending legislative changes under Bill 23 could affect the proceedings.

A further Case Management Conference was scheduled to allow the parties to assess the impact of the new legislation once enacted.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Glen Williams Estates Inc. against the Town of Halton Hills for failing to make decisions on applications for an Official Plan amendment, Zoning By-law amendment, and a Plan of Subdivision.

The Tribunal granted party status to the Region of Halton and the Credit Valley Conservation Authority, and participant status to two local citizens' groups.

A second Case Management Conference was scheduled for March 13, 2023, to allow time for further application submissions and potential mediation.

The applicants 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 mixed-use development.

At a case management conference, the Tribunal granted party status to the Region of Halton, Conservation Halton, Presidio Construction Limited, and Sofina Foods Inc. The Tribunal also approved a draft Procedural Order and scheduled a three-week hearing on the merits.

At a Case Management Conference for appeals regarding a proposed mixed-use development in Burlington, the Ontario Land Tribunal granted party status to the Regional Municipality of Halton and two hotel operators, and participant status to four area residents.

The Tribunal scheduled a one-day motion hearing to determine the applicability of certain Regional Official Plan policies, deferring the scheduling of the hearing on the merits until after the motion is decided.

The applicant appealed the municipality's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a mixed-use development.

Prior to the hearing, the parties reached a settlement for a revised 10-storey mixed-use building.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement, in conformity with the Growth Plan, and in alignment with the municipal official plan.

The appeal was allowed in part to implement the settlement.

The appellants 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 an 11-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to the Region of Halton and Conservation Halton.

The Tribunal directed the parties to finalize a Procedural Order and Issues List and scheduled a 10-day video hearing for March 2023.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a zoning by-law and an official plan amendment in the Town of Halton Hills.

The Tribunal ordered the consolidation of the two appeals and provided directives for the upcoming video hearing, including the removal of oral participant statements from the hearing plan in accordance with the Ontario Land Tribunal Act, 2021.