Caroline Jordan

The City of Burlington requested a review of a Tribunal decision that refused to dismiss an appeal of the new City Official Plan.

The original decision held that the appeal survived the sale of the subject property because it was 'tied to the land', and directed the City to contact the new owner.

The Tribunal Chair granted the request for review, finding that the original decision contained an error of law.

The Chair held that while Tribunal decisions regarding permitted land uses run with the land (in rem), the right to commence, maintain, or withdraw an appeal is a personal right (in personam).

The original decision was varied to dismiss the appeal without a hearing on the merits.

The appellants appealed the Municipality of Clarington's adoption of Official Plan Amendment No. 136 regarding the Bowmanville East Urban Centre Secondary Plan.

One appellant reached a settlement with the municipality to modify specific policies and schedules, including removing their lands from the secondary plan maps and adjusting mixed-use building permissions.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement modifications consistent with the Provincial Policy Statement and in conformity with the regional official plan.

The Tribunal approved the settlement for that appellant and scheduled a merit hearing for the remaining appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the appellants against the municipality's adoption of an Official Plan Amendment for a Secondary Plan.

The Tribunal granted non-appellant party status to several individuals, deferred a status request from a conservation authority, and scheduled a third Case Management Conference to finalize the Issues List and consider potential settlements.

The Ontario Land Tribunal issued a corrective order under Rule 24.4 of its Rules of Practice and Procedure to amend a previous Memorandum of Oral Decision and Order issued on October 17, 2025.

The correction fixed a typographical error in the spelling of counsel's name for Home Depot of Canada Inc. from Noah Jorden to Noah Gordon.

In all other respects, the original decision remains unchanged.

This was a Case Management Conference regarding appeals of the City of Brampton's Official Plan Amendment for Major Transit Station Areas and the new City Official Plan.

The Tribunal granted party status to 201 County Court Brampton Holdings Inc. on consent.

The parties reported progress in mediation and proposed a written settlement motion once a draft order is finalized.

A subsequent Case Management Conference was scheduled for March 2026 to address outstanding matters and potential consolidation of the appeals.

The Tribunal convened a third Case Management Conference regarding appeals against a City of Toronto Official Plan Amendment pertaining to the Avenues Policy Framework.

The parties requested additional time to engage in without prejudice communications to refine the issues and finalize the draft Procedural Order and Issues List.

The Tribunal scheduled a fourth Case Management Conference and imposed a deadline for the submission of the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Regional Municipality of Halton's approval of the new City of Burlington Official Plan, as well as appeals against OPA 119 and ZBL 418.

The Tribunal granted non-appellant party status to Canadian National Railway Company, substituted Inaria Burlington Inc. for Burlington Healthcare Centre Inc., and scheduled a motion hearing to consider dismissing certain appeals and addressing potential settlements.

The Tribunal held a first Case Management Conference regarding appeals of the Municipality of Clarington's Official Plan Amendment No. 136, which updates the Bowmanville East Urban Centre Secondary Plan.

The parties agreed on all procedural matters and requested a second CMC to allow time for further discussions to scope and potentially resolve the issues.

The Tribunal scheduled a second CMC for November 24, 2025, and deferred consideration of requests for non-appellant party status until that time.

This decision arises from a Case Management Conference regarding an appeal of the City's refusal to amend the Official Plan and Zoning By-law to permit a 45-storey residential tower.

The Tribunal granted party status to two adjacent property owners and participant status to several local residents.

A 10-day hearing was scheduled for April 2026, and a procedural order was issued to govern the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 778 (Avenues Policy Framework).

The Tribunal granted participant status to the Swansea Area Ratepayers Association and Group.

On consent, the Tribunal confirmed that the unappealed portions of OPA 778 came into force and effect on March 14, 2025, pursuant to s. 17(27) of the Planning Act.

A third Case Management Conference was scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Brantford's Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal granted requests from several parties to withdraw their appeals.

Additionally, the Tribunal granted a request by Losani Homes to consolidate its site-specific appeals of the Comprehensive Zoning By-law with its appeals of privately-initiated applications for the same properties, finding it would be an effective and efficient use of resources.

Further Case Management Conference dates were scheduled.

The Ontario Land Tribunal issued a procedural order governing the upcoming hearing for appeals by the applicant regarding the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments.

The amendments seek to permit two mixed-use residential development towers at 321-355 Symington Avenue and 350 Campbell Avenue.

The order sets out the procedural dates, issues list, and order of evidence for the 10-day hearing scheduled to commence on October 27, 2025.

The Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 778, which updates the Avenues Policy Framework.

The Tribunal granted party status to 430 Royal York GP Inc. to scope the appeals concerning its property.

A second Case Management Conference was scheduled to consider a participant status request, receive status updates, and potentially hear scoping motions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a Municipal Order to Pay Costs issued by the Regional Municipality of Peel.

The order relates to spills from underground storage tanks at a gas station.

The appellants requested a motion to stay the proceedings pending the resolution of a related civil matter in the Ontario Superior Court.

The Tribunal scheduled a one-day motion hearing for October 10, 2025, and a second Case Management Conference for December 8, 2025.

The City of Brantford brought a motion to scope appeals of its new Comprehensive Zoning By-law (CZBL) and to bring the unappealed portions of the CZBL into full force and effect on a city-wide basis.

The appellant parties consented to scoping their appeals to their specific sites or areas.

Relying on uncontested planning evidence, the Tribunal found that granting the motion represented good planning as it would streamline the development process.

The Tribunal granted the motion pursuant to s. 34(31) of the Planning Act, bringing the CZBL into force save and except for the specific properties under appeal.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 4, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to correct the spelling of counsel Diana Doracin's name in the appearances list.

In all other respects, the original decision and order remain unchanged.