Colin Leger

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicants requesting an extension for the approval of draft plans of subdivision and revised conditions.

The parties requested a third CMC to allow time for further settlement discussions.

The Tribunal approved the draft Procedural Order and Issues List, and scheduled a third CMC for July 29, 2024, and a five-day Merit Hearing commencing November 25, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the Municipality of Arran-Elderslie's refusal of a Zoning By-law Amendment to permit a five-unit cluster townhouse.

The Tribunal granted party status to neighbouring property owners Christian and Michelle Warnica without opposition.

The Tribunal ordered the parties to file a Draft Procedural Order and scheduled a second Case Management Conference for July 2, 2024.

The appellants appealed the Ausable Bayfield Conservation Authority's decision to deny a building permit for a renovation project on a rural property.

At a Case Management Conference, the Ontario Land Tribunal scheduled a five-day hearing on the merits to commence on July 8, 2024, and directed the parties to file a draft procedural order and issues list.

This was the fourth Case Management Conference regarding appeals of the City of Guelph's Official Plan Amendment No. 79 (Clair-Maltby Secondary Plan).

The parties reported substantial progress in settlement discussions and requested a partial Settlement Hearing.

The Tribunal approved a revised Procedural Order and Issues List, and scheduled a partial Settlement Hearing for January 25, 2024.

The appellants appealed the County of Elgin's refusal of a site-specific Official Plan Amendment intended to permit an existing electrical services business to operate as an on-farm diversified use on their agricultural property.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found that the proposed use is consistent with the Provincial Policy Statement and conforms to the applicable Official Plans.

The Tribunal allowed the appeal and approved the Official Plan Amendment as modified by the settlement.

The appellant appealed a Committee of Adjustment decision granting minor variances to permit the construction of an addition to an existing duplex to create a fourplex.

Prior to the hearing, the parties reached a settlement modifying one of the parking area setback variances.

Relying on uncontested expert planning evidence, the Tribunal found the modified variances met the four-part test under s. 45(1) of the Planning Act and authorized them.

The appellant appealed a zoning by-law amendment that added new restrictions to its property after a mapping error had inadvertently rezoned it from Rural to Open Space and Environmental Protection.

The parties reached a settlement to restore the Rural zoning for most of the property while maintaining Environmental Protection zoning and a holding provision for wetland areas.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with provincial and municipal policies and allowed the appeal, directing the municipality to amend the zoning by-law accordingly.

The applicant appealed the Township's Committee of Adjustment decision refusing minor variances to permit the expansion of an existing cottage on a waterfront property.

The parties reached a settlement prior to the hearing, agreeing to the variances subject to a landscape restoration plan.

Based on uncontroverted expert planning evidence, the Tribunal found the variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed in part and the variances were authorized subject to conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals of the City of Guelph's Official Plan Amendment No. 79, which introduced the Clair-Maltby Secondary Plan.

The Tribunal granted party status to Timberworx Custom Homes Inc. and provisional party status to Foundation for the Support of International Medical Training Inc. A second Case Management Conference was scheduled to finalize the Procedural Order and Issues Lists, and an eight-week merit hearing was scheduled to commence in January 2024.

The applicant appealed the Township's Committee of Adjustment decision denying a minor variance to increase the maximum gross floor area and lot coverage for a home office addition to an island cottage.

The Tribunal allowed the appeal, finding that the requested variances and expansion requests met the tests under sections 45(1) and 45(2) of the Planning Act.

The Tribunal preferred the applicant's planning evidence, concluding that the modest increases maintained the intent and purpose of the Official Plan and Zoning By-law, were minor in nature, and would have no adverse visual or environmental impacts.

The applicants appealed the Township's refusal of a zoning by-law amendment to permit an expansion to an existing cabin and the construction of a new boathouse and dock on an island property.

At the second Case Management Conference, the parties advised they were working towards a settlement but required a site visit by ecologists.

The Tribunal scheduled a third Case Management Conference and a five-day hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Huntingwood Trails (Collingwood) Ltd. against the Town of Collingwood's failure to make decisions on applications for a zoning by-law amendment and a plan of subdivision.

The Tribunal granted party status to the Silver Glen Condo Corporation and three individuals.

The applicant presented a descoped appeal proposal, and the Tribunal directed the provision of updated mapping.

A follow-up Case Management Conference was scheduled to finalize the Procedural Order and Issues List.