Callum Shedden

The Ontario Land Tribunal issued a procedural order governing the upcoming hearing of an appeal by Y Developments Inc. against the City of St. Catharines' refusal to amend the Official Plan and Zoning By-law.

The amendments are sought to permit the development of stacked townhomes with parking.

The hearing is scheduled for July 14 and 15, 2026, by video.

Multiple appellants appealed the Town of Niagara-on-the-Lake's approval of Official Plan Amendment No. 99, which adopted the Glendale Secondary Plan.

Prior to the hearing, the parties reached settlement agreements that proposed various policy and mapping modifications to the Secondary Plan, including adjustments to land use designations, building heights, and density permissions.

Based on uncontested expert land use planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Planning Statement, conformed to applicable official plans, and represented good planning.

The appeals were allowed in part to approve the amended Secondary Plan.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's refusal of Official Plan and Zoning By-law amendments.

The amendments were sought to permit a 27-unit stacked townhouse development.

The Tribunal granted participant status to four area residents on consent.

The parties indicated openness to mediation and requested a two-day hearing, which the Tribunal scheduled, directing the submission of a Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicants against the City of Welland's failure to adopt an Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment.

The amendments seek to permit three high-rise residential buildings and two stacked townhouse blocks.

The Tribunal granted party status to a residents' group and participant status to two individuals.

A seven-day merit hearing was scheduled for October 2026, and a Procedural Order was approved to govern the proceedings.

The appellant appealed the City's refusal of a Zoning By-law Amendment application to permit a mixed-use development incorporating an existing heritage building.

The parties reached a full uncontested settlement through Tribunal-led mediation, revising the proposal to a 29-storey building.

The Tribunal accepted uncontroverted expert planning evidence that the settlement proposal is consistent with the Provincial Planning Statement, conforms to the applicable Official Plans, and represents good planning.

The appeal was allowed and the Zoning By-law was amended in accordance with the settlement.

The applicant appealed the Committee of Adjustment's refusal of consent and minor variance applications to facilitate the creation of one new residential lot.

Prior to the hearing, the applicant and the Town reached a settlement agreement.

A neighbour sought party status to argue the matter should proceed by way of a Zoning By-law Amendment, but the Tribunal denied party status, granting participant status instead, as the neighbour did not intend to call planning evidence.

Relying on uncontested expert planning evidence, the Tribunal found the applications were consistent with provincial policies, conformed to the applicable official plans, and met the statutory tests under the Planning Act.

The appeals were allowed, provisional consent was granted subject to conditions, and the minor variances were authorized.

The Tribunal held a second Case Management Conference regarding appeals of the Town of Niagara-on-the-Lake's Official Plan Amendment 99 (Glendale Secondary Plan).

The Tribunal granted participant status to an individual, denying her request for party status as it did not meet the requirements of Rule 8.2.

The parties advised that settlement agreements had been reached or were near completion.

The Tribunal scheduled a settlement hearing and/or third Case Management Conference for March 6, 2026, and set deadlines for the submission of settlement materials and procedural documents.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by First Ontario Street Ltd. against the City of St. Catharines' refusal of a zoning by-law amendment application.

The application seeks to permit a 33-storey mixed-use building while retaining an existing heritage building.

The order sets out the hearing dates, procedural deadlines, and the issues list for the upcoming four-day video hearing.

The applicant appealed the City of St. Catharines' refusal of a zoning by-law amendment application to permit a 33-storey mixed-use building incorporating an existing heritage building.

Following a case management conference, the Ontario Land Tribunal scheduled a four-day merit hearing for February 2026 and directed the parties to submit a final Procedural Order and Issues List.

The appellant appealed the Region's decision to impose a commercial development charge for a property to be leased to Goodwill Industries.

The appellant argued that Goodwill's operations, which include processing and recycling textiles, should be classified as an 'Industrial Use' under the Development Charge By-law.

The Tribunal found that the by-law's definition of 'Industrial Use' clearly requires the use to be connected with manufacturing.

Since no manufacturing was occurring on the property, the Tribunal concluded that the commercial rate was correctly applied and dismissed the appeal.

The applicant appealed the City of St. Catharines' refusal of a zoning by-law amendment application to permit a 33-storey mixed-use building that incorporates an existing heritage building.

During the first Case Management Conference, the Tribunal granted participant status to two requesting individuals.

A second Case Management Conference was scheduled, and the parties were directed to submit a draft Procedural Order and Issues List.

This was a first Case Management Conference regarding appeals of Official Plan Amendment No. 95 for the Glendale Secondary Plan.

The Tribunal granted non-appellant party status jointly to White Oaks Tennis World Inc. and 1526882 Ontario Inc. A request for party status by another individual was deferred to the next CMC due to short notice.

The Tribunal scheduled a second CMC and directed the parties to file a draft Procedural Order and finalized Issues Lists.

The appellants appealed the Town of Fort Erie's adoption of Official Plan Amendment No. 56 and Zoning By-law Amendment No. 144-2021.

Prior to the merit hearing, the parties reached a settlement to permit a four-storey apartment building with ground-floor commercial units.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The Tribunal allowed the appeals in part to implement the revised amendments.

The appellant appealed a condition imposed by the Niagara Escarpment Commission on a development permit for a residential addition.

The condition required the appellant to enter into an agreement on title prohibiting more than one dwelling unit on the property.

The Hearing Officer found that the condition was speculative, redundant, and an overreach, as secondary dwelling units are already prohibited under the Niagara Escarpment Plan.

The Minister of Natural Resources adopted the Hearing Officer's recommendation and directed the issuance of the permit without the disputed condition.

The appellant appealed the Town's refusal of zoning by-law amendment and consent applications to sever a residential lot containing a heritage dwelling.

The parties reached a settlement to create two lots with site-specific zoning provisions, addressing heritage conservation and tree protection.

The Tribunal accepted the uncontested expert planning and heritage evidence, finding the settlement consistent with provincial policies and representing good land use planning.

The appeals were allowed in part to implement the settlement.

The appellant appealed a heritage designation by-law concerning the subject property.

At a Case Management Conference, the appellant requested that a hearing date be set for late 2025 and a subsequent CMC be scheduled to consider consolidating this appeal with anticipated appeals of related Official Plan Amendment, Zoning By-law Amendment, and demolition permit applications.

The Town did not object.

The Tribunal scheduled a further CMC for April 2025 and a 10-day hearing for October 2025 to allow time for potential consolidation and mediation.

The applicant brought a motion for directions requesting that its Official Plan Amendment and Zoning By-law Amendment applications for a 38-unit development be deemed complete by the Town of Fort Erie.

The Town had previously issued a Notice of Incomplete Application, demanding additional materials including a peer review of the Heritage Impact Assessment and a Comprehensive Servicing Study.

The Town did not oppose the motion.

Relying on uncontested planning evidence, the Tribunal found that the applications met the requirements of the Planning Act and the Town's Official Plan.

The motion was granted and the applications were deemed complete.

The appellant appealed the City of Welland's refusal to adopt requested Official Plan and Zoning By-law amendments to permit a mixed-use apartment and street townhouse development.

The parties reached a settlement involving a revised proposal for a seven-storey mixed-use building and 25 townhouses.

Relying on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local planning documents.

The appeals were allowed and the amendments approved.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the Town of Fort Erie's Official Plan Amendment No. 56 and Zoning By-law Amendment No. 144-2021.

The parties requested an adjournment to finalize settlements, but the Tribunal refused, noting the appeals had languished for nearly three years.

The Tribunal scheduled a five-day Merit Hearing for June 2025, allowing the parties time to settle beforehand if possible, and approved a revised Procedural Order.

The applicant appealed the City of Welland's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 3-storey, 24-unit residential building.

Prior to the hearing, the parties reached a settlement that included dedicating portions of the site containing a woodland feature to the City.

Based on uncontroverted planning evidence, the Tribunal found the settlement proposal consistent with provincial policies, in conformity with applicable official plans, and representative of good planning.

The appeals were allowed and the amendments were approved.