Chris Barnett

This was a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendments, and Draft Plans of Subdivision for which the Town Council failed to make decisions.

The Tribunal ordered that the matters be heard together.

The Tribunal also granted party and participant status to several entities without objection.

Future Case Management Conferences and a 19-day merit hearing were scheduled.

At a Case Management Conference regarding appeals by Nelson Aggregate Co. for a proposed quarry expansion, the Ontario Land Tribunal scheduled a 60-day hearing on the merits.

The Tribunal adjourned a motion by the City of Burlington to consolidate related Niagara Escarpment Commission appeals due to the late filing of motion materials, which the panel had not fully received.

A further Case Management Conference was scheduled to hear the adjourned motion and finalize the procedural order.

The Tribunal convened a first Case Management Conference regarding appeals under the Planning Act and the Niagara Escarpment Planning and Development Act for a proposed 75-lot residential subdivision.

The Tribunal granted party status to the Regional Municipality of Peel.

A request to consolidate the appeals was deferred to a subsequent motion hearing.

The Tribunal scheduled a second Case Management Conference and a 14-day merit hearing, and approved the Procedural Order and Issues List.

This was a Case Management Conference regarding an appeal by CBM Aggregates against the Town of Caledon's Extension By-law, which extended an Interim Control By-law prohibiting new gravel pits or quarries on certain lands.

The Tribunal granted party status to the Forks of the Credit Preservation Group Inc., approved the draft Procedural Order and Issues List, and scheduled a three-day video hearing for September 2024.

The appellant property owner appealed a judgment granting the City's application to enforce a Heritage Easement Agreement.

The appellant had made unauthorized alterations to his property, including cutting down trees and building a hockey rink and cabana.

The application judge found the appellant breached the Agreement and granted a permanent injunction.

On appeal, the appellant argued the application judge misinterpreted the Agreement and that the City's enforcement was motivated by bad faith.

The Court of Appeal dismissed the appeal, finding no palpable or overriding error in the application judge's decision and concluding that the City had exercised its contractual discretion in good faith.

The Ontario Land Tribunal conducted a case management conference to address multiple appeals of the City of Vaughan's Comprehensive Zoning By-law 001-2021 and Transitional By-law 039-2022.

The Tribunal heard and approved several settlement motions on consent, which corrected mapping errors and recognized site-specific exceptions for various properties.

Based on uncontested expert planning evidence, the Tribunal found the amendments consistent with provincial policies and good planning.

The Tribunal also issued an order under section 34(31) of the Planning Act deeming the un-appealed portions of the Comprehensive Zoning By-law to be in force.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and site plan control for a residential subdivision.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a five-day merit hearing.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by the applicants against the City of Richmond Hill's failure to make decisions on requested Official Plan and Zoning By-law amendments.

The amendments seek to permit the development of two towers, 42 and 45 storeys in height.

The order establishes the procedural rules, timelines, and issues list for a 12-day video hearing scheduled to commence on July 2, 2024.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a townhouse and seniors' campus development.

At the Case Management Conference, the Tribunal granted party status to the Region of Peel and participant status to two individuals.

A second Case Management Conference was scheduled to allow the parties to provide updates following an upcoming municipal council meeting.

The Ontario Land Tribunal held a case management conference regarding appeals by Nelson Aggregate Co. for official plan amendments and licenses to permit a quarry expansion.

The City of Burlington brought a motion to consolidate related Niagara Escarpment Commission appeals.

Due to concerns raised by the Tribunal regarding the City's supporting affidavit being sworn by a law clerk, the City withdrew its motion with liberty to refile.

The Tribunal scheduled a further case management conference to finalize the procedural order and hear the refiled motion.

This was the second Case Management Conference regarding appeals by the applicant for the municipality's failure to make a decision on revised applications for a Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan Control to permit a 136-unit residential subdivision.

The Tribunal reserved its decision on a party status request by an adjacent landowner seeking reimbursement for servicing costs, directing the parties to continue discussions.

The Tribunal also directed the parties to prepare a draft Procedural Order and Issues List, and to address whether the 2014 or 2020 Provincial Policy Statement applies to the revised applications.

The applicant appealed the Town of Caledon's failure to adopt a requested Official Plan Amendment to establish a new Secondary Plan for the Macville Community Area.

At the first Case Management Conference, the Tribunal granted party status to Peel Region, Peel District School Board, Toronto and Region Conservation Authority, Acorn Bolton Inc., and Gold Humber Station Inc., and participant status to the Bolton North Hill Landowners Group Inc. The Tribunal also set deadlines for the exchange of issues lists and scheduled a second Case Management Conference for February 2024.

This was the first Case Management Conference regarding an appeal against the City of Richmond Hill's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The Tribunal granted party status to Canadian National Railway Company on consent.

A 12-day video hearing was scheduled to commence on July 2, 2024, and the parties were directed to submit a draft Procedural Order.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a mixed-use building.

The parties reached a settlement for a revised 16-storey proposal.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and City Official Plan.

The appeals were allowed in part, with the final order withheld pending the satisfaction of technical conditions.

The appellant appealed the City of Vaughan's adoption of an Official Plan Amendment and Zoning By-law Amendment that would permit a five-storey residential apartment building.

The appellant argued the instruments should include provisions requiring the applicant to share costs for previously installed services.

At the first Case Management Conference, the parties advised they had reached a settlement in principle and intended to withdraw the appeals once finalized.

The Tribunal directed the appellant to provide a status update by September 1, 2023.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 26-storey mixed-use building.

The City argued for a maximum height of 17 storeys and a larger tower setback based on its unapproved 2020 Official Plan.

The Tribunal allowed the appeals in part, approving the 26-storey development.

The Tribunal found the proposal consistent with the Provincial Policy Statement and Growth Plan, noting it optimizes land use in an Urban Growth Centre, provides needed housing, and is compatible with the surrounding area without causing adverse impacts.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Nelson Aggregate Co. for official plan amendments and an Aggregate Resources Act license to permit a quarry expansion.

The Tribunal granted party status to six entities, including the City of Burlington and the Regional Municipality of Halton, and participant status to 66 individuals.

The Tribunal directed the parties to collaborate on a Draft Procedural Order and Issues List and scheduled a further Case Management Conference to address a forthcoming motion for consolidation.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1306497 Ontario Inc. concerning the City of Vaughan's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment.

The amendments seek to permit a transit-oriented development including residential towers, amenity, retail, and office space at 88 Steeles Avenue West.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence.

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.