Candace Leanne Hilchuk

The appellants appealed the final engineer's report for the proposed Frank Szeder Drain under section 48 of the Drainage Act, arguing that the project was delayed excessively and the proposed design was flawed and too costly.

The Tribunal found that while the 12-year delay was excessive, the appellants failed to provide evidence that the proposed drainage work was technically flawed or that the costs outweighed the benefits.

The Tribunal dismissed the appeal and affirmed the engineer's report, but limited the chargeable engineering costs to $108,130 to account for the excessive delay.

The applicant First Nations sought judicial review of the Ministry's decisions to amend a Crown Land Use Policy Atlas and transfer a parcel of Crown land to the Municipality of Red Lake for housing development.

The applicants argued the Ministry breached its duty to consult under s. 35 of the Constitution Act, 1982, and failed to obtain their consent.

The Divisional Court dismissed the application, finding that Treaty No. 3 allows the Crown to take up land subject to a duty to consult, which does not amount to a First Nation veto.

The court held that the duty to consult was at the lower end of the spectrum and that the Ministry's consultation process was reasonable and fulfilled its constitutional obligations.

The applicants appealed the Municipality of Shuniah's refusal of an Official Plan Amendment and Zoning By-law Amendment, and its failure to make a decision on Consent applications, to permit the creation of two new lots and the development of a wellness retreat centre.

The Tribunal allowed the appeals, finding that the proposed development has regard for provincial interests, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan for Northern Ontario and the municipal Official Plan.

The Tribunal was satisfied that the proposed use is compatible with the surrounding rural and shoreline residential area and that environmental features would be appropriately protected through a 30-metre buffer.

The appellants brought a motion seeking declarations that the respondent municipalities lacked jurisdiction to refer an engineer's drainage report back for reconsideration, arguing the matter was before the Drainage Referee.

The Tribunal dismissed the motion, finding that Section 57 of the Drainage Act provides clear authority for a municipal council to refer a report back to the engineer for reconsideration.

The Tribunal also noted there was no evidence of improper motive and that raising the jurisdictional issue at this stage was inappropriate.

The Corporation of the Municipality of Greenstone sought declarations and permanent injunctions against the respondent for contravening its Zoning By-law, Property Standards By-law, and Clean Yards By-law on two properties.

The municipality alleged the properties were being used as an unlicensed salvage yard, accumulating derelict vehicles, debris, and waste, posing health and safety hazards.

The respondent did not appear at the hearing.

The court found clear and ongoing breaches of all by-laws and granted the requested declarations and permanent injunctions, ordering the respondent to bring the properties into compliance and pay costs.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Alan and Tamara Hutchinson against the Municipality of Shuniah's refusal of applications for an Official Plan Amendment, Zoning By-Law Amendment, and consents to permit a wellness retreat centre.

The Tribunal granted party status to 19 neighbouring property owners on consent.

A five-day merit hearing was scheduled to commence on July 8, 2024, by video hearing.