Bruce Engell

A case management conference was held regarding appeals by Caivan (Stittsville) Inc. under the Planning Act for the City of Ottawa's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications.

The Tribunal issued a procedural order, consolidated the appeals to be heard together, and scheduled a three-week merit hearing to commence in February 2027.

The applicant appealed the City of Sarnia Committee of Adjustment's refusal of a minor variance application to permit the expansion of a legal non-conforming apartment building from 12 to 21 units through interior renovations.

The applicant also sought to reduce the minimum parking space width.

The Tribunal accepted the applicant's expert planning and transportation evidence, finding that the proposed parking ratio of 0.5 spaces per unit was appropriate and that the interior renovations would not cause adverse impacts to the neighbourhood.

The Tribunal allowed the appeal and authorized the variances subject to conditions regarding parking layout and bicycle storage.

The applicant appealed the City's failure to make a decision on applications for a Zoning By-law Amendment and an Official Plan Amendment to permit a mixed-use development.

At a Case Management Conference, the Tribunal granted a request on consent to consolidate the appeals, finding it would lead to better efficiencies as the matters relate to the same property and proposal.

The Tribunal also approved a draft Procedural Order to govern the 15-day hearing.

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

At a Case Management Conference, the parties requested on consent that the two appeals be consolidated.

The Tribunal granted the consolidation request, finding it would lead to better efficiencies and avoid predetermination of issues.

The Tribunal also approved the draft Procedural Order to govern the upcoming 15-day hearing.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by the applicant regarding the respondent municipality's failure to adopt a requested official plan amendment.

The proposed amendment seeks to redesignate the subject lands to expand the urban boundary.

The procedural order establishes the hearing dates, the issues list, the order of evidence, and the deadlines for the exchange of witness lists, expert reports, and visual evidence.

The applicant appealed the Committee of Adjustment's refusal of minor variances to permit interior alterations to an existing apartment building, increasing the number of units from 11 to 20.

The parties reached a settlement and presented revised variances, including reductions in lot area, landscaped open space, and parking requirements.

The Tribunal accepted uncontested expert planning evidence that the variances met the four tests under the Planning Act, noting the proposal would provide additional affordable housing without increasing the building's gross floor area.

The appeal was allowed in part on an interim basis, with the variances authorized subject to conditions.

The Ontario Land Tribunal convened a fourth Case Management Conference regarding multiple appeals against the City of Brampton's Official Plan Amendment introducing interim policies for Major Transit Station Areas, and the new City Official Plan.

The City provided a status update on ongoing settlement negotiations and proposed future motions.

The Tribunal deferred consideration of consolidating the appeals and scheduled a further Case Management Conference for July 8, 2026.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit a mixed-use high-density residential and retail/commercial development.

The Tribunal scheduled a six-week video hearing and directed the parties to file a finalized Procedural Order and Issues List.

The appellant brought a motion for discovery seeking the disclosure of a Market and Economic Analysis Report prepared by an outside consultant for the City of Brampton regarding a planning application.

The City argued the report was protected by litigation privilege as it was commissioned in anticipation of an appeal to the Tribunal.

The Tribunal found that the report was not requested in a public forum, was created for the dominant purpose of litigation, and was therefore protected by litigation privilege.

Furthermore, the Tribunal noted the report was neither necessary nor relevant as the City did not intend to rely on it.

The motion for discovery was dismissed.

The City of Brampton brought a motion for directions seeking approval of modifications to its new Official Plan to resolve multiple appeals.

The Tribunal found that the proposed modifications and unmodified policies had regard for matters of provincial interest, were consistent with the Provincial Policy Statement, and conformed to the Greenbelt Plan and the Region of Peel Official Plan.

The Tribunal granted the motion, approving the modifications and unmodified policies without prejudice to the remaining outstanding appeals.

At a Case Management Conference regarding appeals of the City of Ottawa's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications, the Tribunal granted party status to two neighbouring property owners.

The Tribunal also directed that the related appeals be heard together and established a timeline for the parties to finalize the Issues List and Procedural Order ahead of the next Case Management Conference.

The Ontario Land Tribunal issued a procedural order following a Case Management Conference regarding appeals by 2436091 Ontario Ltd. against the City of Ottawa's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit a development of approximately 1,500 dwelling units.

The Tribunal scheduled a 23-day hearing to commence on June 1, 2026, and established the issues list and procedural dates.

Galibier Materials Inc. appealed the Township of Springwater's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit the expansion of an existing aggregate pit.

The Minister of Natural Resources also referred the associated Licence Application to the Tribunal.

Objectors raised concerns regarding air quality impacts from dust and the preservation of a wildlife corridor.

The Tribunal found that the proposed Dust Management Plan and revised phasing and rehabilitation plans adequately addressed the concerns.

The Tribunal allowed the appeals, approved the planning instruments, and directed the Minister to issue the licence subject to conditions, finding the proposal consistent with the Provincial Policy Statement and in the public interest.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Crown (Bradford) Developments Inc. against the City of Barrie'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.

The Tribunal issued a Procedural Order on consent to govern the proceedings leading up to a 10-day hearing scheduled to commence on November 13, 2026.

At a Case Management Conference for an appeal of a Zoning By-law Amendment concerning a proposed 25-storey mixed-use building, a neighbouring resident sought party status.

The Tribunal granted the resident non-appellant party status, finding he met the requirements under s. 34(24.1) of the Planning Act and OLT Rule 8.2, as he had participated in the public process and his perspective would assist the Tribunal.

The Tribunal also directed the parties to finalize a Procedural Order and scheduled a six-day hearing on the merits.

The Applicant brought a motion for directions to determine the completeness of its Zoning By-law Amendment and Draft Plan of Subdivision applications for a proposed development of approximately 1,500 dwelling units.

The City had deemed the applications incomplete, citing prematurity and the need for additional studies, including a Master Servicing Study and an Environmental Management Plan.

The Tribunal found that the City's additional requirements were not reasonable, as they were not specified in the Official Plan and the Applicant had already provided extensive information and material.

The Tribunal allowed the motion and deemed the applications complete.

The Ontario Land Tribunal held a Case Management Conference to obtain status updates on the remaining appeals of the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on various issue-specific and site-specific appeals, noting ongoing settlement discussions.

The Tribunal directed all appellants to provide written updates to the City regarding their intentions to continue settlement discussions or provide an issues list, and scheduled a further Case Management Conference for June 2026.

The appellant appealed the City of Brampton Committee of Adjustment's denial of a minor variance application to increase maximum driveway width for two proposed additional residential units.

Following a section 23 review, the matter was scheduled for a case management conference.

The Tribunal scheduled a de novo oral re-hearing for January 28, 2026, allowing the appellant to submit new evidence.

The applicant appealed the City's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision to permit a high-density mixed-use development.

Prior to the hearing, the parties reached a settlement on a revised proposal.

Based on uncontested expert planning evidence, the Tribunal found the revised amendments consistent with provincial policies and local official plans.

The appeals were allowed in part on an interim basis, with final approval withheld pending the submission of the final zoning by-law and subdivision conditions.

The Appellant appealed the City of Brampton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a high-density mixed-use development.

At the first Case Management Conference, the Tribunal granted party status to the Peel District School Board without objection.

A second Case Management Conference was scheduled to consider a Procedural Order and scoped Issues List.