Chris Barnett

The appellants appealed the Town of Caledon's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendments, and Draft Plans of Subdivision for the Macville and Humber Station lands.

The parties reached a settlement and presented uncontroverted expert planning evidence in support.

The Tribunal approved the settlement instruments, finding they have regard to provincial interests, are consistent with the 2024 Provincial Policy Statement, and conform with the Town's Official Plan.

The Tribunal convened a third Case Management Conference regarding appeals against the District Municipality of Muskoka's approval of the new Township of Muskoka Lakes' Official Plan.

The parties disputed whether certain issues on the draft Issues List complied with the statutory requirements of s. 17(37.1) of the Planning Act.

The Tribunal directed the parties to engage in further discussions and explore Tribunal-led mediation to resolve the Issues List.

The Tribunal also deferred a request to bifurcate the hearing regarding Mineral Aggregate Resource Policies until the Issues List is finalized.

A further Case Management Conference was scheduled.

The Ontario Land Tribunal issued a procedural order following case management conferences regarding appeals by the applicant.

The appeals relate to the proposed establishment of a new aggregate extraction operation (gravel pit) in the Town of Caledon.

The order sets out the procedural dates, issues list, and order of evidence for the hearing scheduled to commence in October 2025.

The Ontario Land Tribunal issued a Procedural Order following Case Management Conferences regarding appeals by Blueland Farms Ltd. The appeals relate to a proposed aggregate extraction operation (gravel pit) in Caledon.

The Tribunal established the procedural rules, hearing dates, and the Issues List for the hearing scheduled to commence in October 2025.

The applicant appealed the City's refusal of applications to amend the Official Plan and Zoning By-law to permit a mixed-use development featuring 30 and 35-storey towers on a waterfront property.

The Tribunal found that while the site is appropriate for intensification and a tall building format, the proposed development represents an over-development of the property.

The Tribunal preferred the evidence of the City and the neighbouring hotel owner that the proposal lacked compatibility with surrounding land uses, failed to provide appropriate transitions to adjacent public parks and streets, and did not adequately address wind impacts and traffic conflicts.

The appeals were dismissed, with the Tribunal noting that substantial redesign and further technical studies are required.

This was the first Case Management Conference regarding appeals against Official Plan Amendment 126 to update the Brookhill Neighbourhood Secondary Plan in Clarington.

The Tribunal granted party status to Brookhill North Landowners Inc. and confirmed statutory party status for the Municipality of Clarington.

The Tribunal dismissed the appeal of Susan Seger as she did not make oral or written submissions prior to the adoption of the plan, and directed that any challenges to the validity of the remaining appeals must be brought by motion.

A second Case Management Conference was scheduled.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by Nelson Aggregate Co. regarding the proposed expansion of the Nelson Quarry in Burlington.

The order establishes the hearing schedule, issues list, and procedural requirements for the 60-day hearing scheduled to commence on March 4, 2025.

The appellants appealed the City of Richmond Hill's failure to make decisions on Official Plan and Zoning By-law amendment applications to permit a high-density mixed-use development with two towers.

The parties reached a settlement modifying the applications to include tower stepbacks and securing mitigation agreements with the Canadian National Railway Company.

Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with provincial policies and good planning, allowing the appeals in part to approve the amendments.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals by the applicants against the Town of Caledon's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The parties reported they are actively working toward a resolution and requested further time to finalize planning instruments.

The Tribunal scheduled a further Case Management Conference for November 2024 and a Hearing on the Merits for February 2025, with directions for filing settlement materials or a procedural order.

The appellants appealed the Township of King Committee of Adjustment's refusal of a minor variance application to permit the construction of a pool cabana.

The requested variances included reductions in side yard setbacks and an increase in maximum lot coverage.

Based on the uncontested expert planning evidence, the Tribunal found that the variances met the four tests under the Planning Act, conformed to the applicable Official Plans, and were consistent with provincial policies.

The appeal was allowed and the variances were authorized.

The parties reached a settlement regarding appeals of a proposed residential development within the Village of Churchville Heritage Conservation District.

The Tribunal accepted uncontested expert planning and heritage evidence that the settlement proposal represents good land use planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and local official plans.

The Tribunal dismissed the heritage appeals, approved the draft plan of subdivision, and amended the zoning by-law to facilitate the development.

The Ontario Land Tribunal issued a Procedural Order to govern the hearing of appeals by Lambs Road School Property Ltd. concerning the Municipality of Clarington's failure to make decisions on applications for a zoning by-law amendment and a plan of subdivision, as well as an appeal regarding the demolition of a heritage building.

The order sets out the schedule, issues list, and procedural requirements for the 15-day video hearing scheduled to commence on March 17, 2025.

The City of Burlington brought a motion for directions to amend a Notice of Undertaking filed by Nelson Aggregate Co. regarding the proposed expansion of the Burlington Quarry.

The City sought to compel the consolidation of potential future hearings for a Permit to Take Water (PTTW), an Environmental Compliance Approval (ECA), and an Aggregate Resources Act site plan amendment into the current consolidated proceedings.

The Ontario Land Tribunal dismissed the City's request to include the site plan amendment, finding no indication that the Ministry of Natural Resources and Forestry intended to propose amendments that would trigger a hearing.

The Tribunal also exercised its discretion under O. Reg. 351/21 to defer the PTTW and ECA applications until it is determined whether hearings will actually be required for those approvals, noting that the Ministry of Environment, Conservation and Parks typically requires land use approvals to be in place before issuing such permits.

The Tribunal confirmed the consolidation of the five existing appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Westchester Limited against the City of Toronto's failure to make a decision on zoning by-law amendment and site plan approval applications for 33 Walsh Avenue.

The Tribunal granted party status to the Greater Toronto Airports Authority on consent.

A request for party status by a local resident was denied, with the Tribunal noting his concerns were covered by the City's issues list and he would remain a participant.

The Tribunal approved a revised Procedural Order and Issues List and scheduled a 13-day merit hearing for February 2025.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its May 2, 2024 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to include the Title of Proceedings for a related case that was heard together with the lead case.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Barrie's Development Charges By-law 2023-74.

The parties reached an agreement on the terms of a Procedural Order and Issues List.

The Tribunal issued the Procedural Order on consent, setting a four-week hearing on the merits to commence in September 2024.

The appellant appealed the municipality's failure to make a decision on applications for a 136-unit residential subdivision within the statutory timeframes.

At a scheduled settlement hearing, the parties advised that they had settled in principle but required more time to finalize the settlement documentation.

The Tribunal scheduled a further settlement hearing for June 17, 2024, and directed the parties to submit their materials in advance.

The appellant appealed the City of Burlington's failure to make a decision on an application for Site Plan Approval for a 26-storey mixed-use building.

The parties reached a settlement and presented agreed-upon Conditions of Approval to the Tribunal.

Relying on the uncontested affidavit evidence of a land use planner, the Tribunal found the site plan and conditions were consistent with the Provincial Policy Statement, conformed to the Growth Plan and the City's Official Plan, and satisfied the requirements of the Planning Act.

The Tribunal approved the site plan subject to the agreed conditions.

The Tribunal convened a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to facilitate a residential development.

The appellant and the municipality reached a settlement, and revised planning instruments were filed.

Another party raised a concern regarding the dedication of a block of land, which was addressed by the municipality.

The Tribunal directed the parties to confirm the settlement in writing and request a settlement hearing.

At a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendments, and Draft Plans of Subdivision, the parties advised that the Official Plan Amendment appeal was likely to settle imminently.

The Tribunal ordered that the Official Plan Amendment appeal proceed by way of a written settlement motion.

The Tribunal also set procedural deadlines for the remaining appeals, including the filing of a draft Procedural Order and the scheduling of a further Case Management Conference.