Christine Enta

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the City's refusal to issue a heritage permit for the construction of a dwelling in a heritage conservation district.

The Tribunal granted party status to a residents' association and approved the Draft Procedural Order and Issues List.

The Tribunal declined to include a legal jurisdictional issue in the Issues List, noting that such a challenge should be brought by way of a formal motion.

A five-day hearing was scheduled.

The applicant appealed the City of Ottawa's refusal to issue a permit for the construction of a dwelling in a heritage conservation district under the Ontario Heritage Act.

At the second Case Management Conference, the Tribunal granted provisional party status to the Rockcliffe Park Residents Association.

The Tribunal scheduled a further Case Management Conference to allow the parties to finalize the issues list and identify expert witnesses.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Clublink Corporation ULC against the City of Ottawa's adoption of Official Plan Amendment 266 and Zoning By-law No. 2021-328.

The appellant requested a partial withdrawal of its appeals concerning the parcel at 6301 Campeau Drive, as the proposed development on that parcel would not drain stormwater onto the appellant's lands.

On consent of the parties, the Tribunal allowed the partial withdrawal, bringing the OPA and ZBA into full force and effect for that parcel.

The appeals remain active for the parcel at 6475 Campeau Drive, and the Tribunal scheduled a further CMC and a four-day hearing.

The applicant filed a human rights application alleging discrimination with respect to employment based on age and disability.

The respondent sought to dismiss the application under section 45.1 of the Human Rights Code, arguing the matter had been resolved through a grievance process.

The Tribunal found that the applicant had voluntarily entered into Minutes of Settlement to resolve grievances that formed the substance of the human rights application.

Consequently, the Tribunal dismissed the application to avoid duplication of proceedings and re-litigation of issues.

The applicant filed a human rights application alleging disability discrimination in employment against an individual respondent.

The corporate respondent, the City of Ottawa, added itself as a respondent, accepted vicarious liability for the individual's actions, and requested the individual's removal.

The Tribunal applied the Persaud factors and removed the individual respondent, finding his participation unnecessary for a fair resolution.

The Tribunal also scheduled a preliminary hearing to address the City's request to dismiss the application based on prior Minutes of Settlement and potential delay.