Ceili N. Boer

The appellant appealed the Town of Grimsby's approval of a Zoning By-law Amendment intended to facilitate a 44-unit residential infill development.

Prior to the hearing, the parties reached a settlement that modified the by-law to address the appellant's concerns regarding privacy and overlook by restricting second-floor windows and projections on specific lots.

The Tribunal accepted uncontroverted expert planning evidence that the modified by-law is consistent with provincial policies, conforms to applicable official plans, and represents good land use planning.

The appeal was allowed in part to implement the settlement.

The Town of Fort Erie brought a motion seeking partial approval of Official Plan Amendment No. 56 (the Crystal Beach Secondary Plan) and Zoning By-law No. 144-2021, bringing them into force except for the specific properties under appeal.

The Tribunal applied the four-part test from Casertano and found that the planning evidence supported the secondary plan, the remaining appeals were scoped to site-specific properties, the draft order protected the remaining appeals, and partial approval was in the public interest to allow other development applications to proceed.

The motion was granted.

A Case Management Conference was held regarding the remaining site-specific appeals to the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

The parties reported positive ongoing discussions to resolve the remaining technical issues, with some appeals potentially being withdrawn.

The Tribunal directed the parties to provide a status update by November 30, 2023, and to schedule a further hearing by teleconference if necessary.

A Case Management Conference was held regarding remaining site-specific appeals to the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

Several appeals were withdrawn, bringing the amendments into force for those lands.

The Tribunal scheduled a six-day video hearing for October 2023 for one appellant and directed the remaining appellants to file hearing requests or settlement documents by March 2023.

The plaintiff brought a motion for a certificate of pending litigation in an action for specific performance of an agreement of purchase and sale of a residential property.

The transaction failed to close after the property remained occupied by a tenant and other individuals, and the plaintiff subsequently asked for her deposit back.

The court dismissed the motion, finding that the plaintiff lost any claim to an interest in the land when she chose to terminate the agreement, and that her allegations of misrepresentation would only give rise to a claim for damages.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in the Titles of Proceeding of a previous decision issued on June 25, 2021.

The correction was made pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

In all other respects, the original decision remains unchanged.

The Tribunal held a fourth Case Management Conference concerning appeals of the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

The parties agreed to split the appeals into City-wide appeals and site-specific appeals.

The Tribunal approved the scoping of the appeals, scheduled a five-week hearing for the City-wide appeals, and issued the associated Procedural Order.