Colin Léger

The applicant brought an application in the Divisional Court to quash two municipal by-laws relating to a zoning amendment and draft plan of subdivision.

Realizing the application should have been brought in the Superior Court of Justice, the applicant moved under s. 110 of the Courts of Justice Act to transfer the proceeding.

The court dismissed the motion, finding that while the application had procedural merit because the by-laws were passed while the matter was under appeal to the Ontario Land Tribunal, it lacked substantive merit.

The illegality was purely procedural, and transferring the matter would cause prejudice to the developer by delaying an ongoing project.

The applicants appealed the Township of Georgian Bay's refusal of a Zoning By-law Amendment and Consent applications to sever a shoreline property into three residential lots.

The Township and an adjacent property owner opposed the applications, arguing they would negatively impact the character of the area and create boating safety hazards in a narrow waterbody.

The Tribunal allowed the appeals, finding that the proposed lot creation was compatible with the evolving character of the neighbourhood and that the addition of two docks would not impact navigability or congestion in the channel.

The Tribunal held that the applications were consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and had appropriate regard for matters of provincial interest and the criteria under the Planning Act.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the County of Simcoe against the Township of Tiny's Committee of Adjustment decision approving a consent application for two residential lots.

The Tribunal granted party status to the applicants, approved the Draft Procedural Order, and scheduled a three-day merit hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by Cachet Homes (Victoria) Inc. against the Township of Woolwich's Interim Control By-law No. 20-2025.

The by-law was enacted to facilitate the staging of a development plan for unallocated greenfield residential lands in Breslau.

The Tribunal scheduled a 10-day video hearing to commence on April 20, 2026, and issued a Procedural Order to govern the conduct of the proceeding.

A Case Management Conference was held regarding appeals for a zoning by-law amendment and consent to sever a property into three lots.

The Tribunal granted party status to a neighbouring property owner and participant status to another neighbour on consent.

The Tribunal also ordered the consolidation of the appeals, finding they contain common facts and concern the same subject land.

A procedural order was issued and a five-day video hearing was scheduled.

The appellants appealed the refusal of their applications for an Official Plan Amendment and Zoning By-law Amendment to permit an undersized agricultural lot.

At the first Case Management Conference, the parties discussed the draft Procedural Order and Issues List.

The Tribunal scheduled a five-day merit hearing and approved the Procedural Order and Issues List as supplied by the responding municipalities, rejecting the appellants' request to add explanatory wording to the municipalities' issues.

The Ontario Land Tribunal issued a procedural order to govern the procedures leading up to and including a one-day hearing scheduled for September 12, 2025.

The underlying appeal, brought under subsection 51(43) of the Planning Act, concerns conditions of approval for a draft plan of subdivision, specifically requesting an extension and a revised layout to incorporate a stormwater management plan.

The appellant appealed the City of London's passing of Heritage Designation By-laws for two properties subject to an approved comprehensive redevelopment application.

At a Case Management Conference, the Tribunal was advised that the appellant had filed heritage alteration permits which were approved by City Council, and that demolition clearances were anticipated.

The appellant requested an adjournment to allow for the issuance of the clearances, after which the appeals would likely be withdrawn.

The Tribunal ordered the appeals adjourned sine die.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for a proposed residential development in the Township of Centre Wellington.

The Tribunal granted party status to the Upper Grand District School Board, which operates an adjacent elementary school.

The Tribunal also approved a draft Procedural Order and Issues List on consent, and scheduled a second Case Management Conference and a 10-day merit hearing.

The Tribunal held a telephone conference regarding an appeal of draft plan conditions for a residential development.

The parties requested an adjournment of the scheduled merit hearing to allow for a motion hearing to address the Tribunal's jurisdiction over an outstanding development agreement between the applicant and the Township.

The Tribunal granted the adjournment, scheduled a two-day motion hearing, and set a subsequent Case Management Conference.

The applicant appealed the municipality's refusal of an application to amend the Zoning By-law for a property in Arran-Elderslie.

The parties reached a settlement to modify setbacks and permit the development of 11 dwellings, providing more housing options for seniors.

Based on uncontested expert land-use planning evidence, the Tribunal found the proposed settlement consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The appeal was allowed and the Zoning By-law was amended accordingly.

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

The parties reached a settlement for an 11-storey building with 463 units.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the City's Official Plan.

The appeals were allowed in part to implement the settlement.

The appellant appealed the passing of heritage designation by-laws by the City for two properties subject to an approved comprehensive redevelopment application.

The appellant subsequently filed heritage alteration permits to facilitate the removal of existing structures.

The parties requested a further case management conference be scheduled after the City's deadline to review the permits, as the appellant intends to appeal the permit decisions and seek consolidation.

The Tribunal agreed and scheduled a further case management conference for May 16, 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Sarnia's Official Plan Amendment No. 3.

The Tribunal directed the parties to continue mediation efforts and submit a draft final Procedural Order and Issues List by January 24, 2025.

A 12-day video hearing was scheduled to commence on September 9, 2025.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for the construction of a two-storey accessory structure (garage) and other site alterations on a residential property.

The appellants, who were self-represented neighbours, raised concerns regarding drainage, visual impact, privacy, and neighbourhood compatibility.

The Hearing Officer accepted the uncontradicted expert planning evidence of the applicant that the proposed development is a permitted accessory use that conforms with the Niagara Escarpment Plan, the Provincial Policy Statement, and local official plans.

The appeal was dismissed and the Commission's decision to issue the permit was confirmed.

The Tribunal convened a second Case Management Conference regarding an appeal of the Municipality's refusal to enact a Zoning By-law Amendment to permit a 5-unit cluster townhouse.

The Tribunal approved a draft Procedural Order on consent and scheduled a four-day Video Hearing on the merits.

The Tribunal held a Case Management Conference regarding appeals of two Zoning By-law Amendments that would permit an additional single-detached dwelling and an on-farm diversified use on the subject lands.

The parties requested additional time to finalize a Procedural Order and Issues List due to ongoing settlement discussions.

The Tribunal scheduled a second Case Management Conference and directed the remaining party to submit the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by OBD Developments Inc. and others requesting a five-year extension for the approval of draft plans of subdivision.

The Tribunal granted party status to the Township of Georgian Bay on consent.

As the parties were engaged in settlement discussions regarding revised conditions and a servicing agreement, the Tribunal scheduled a second Case Management Conference for May 17, 2024, to allow further time for resolution.

This decision arises from a second Case Management Conference regarding appeals against the issuance of a development permit by the Niagara Escarpment Commission for an accessory structure.

The parties were unable to reach a settlement or agree on all issues for the Issues List.

The Hearing Officer approved the Procedural Order and Issues List and scheduled a two-day video hearing.

The Applicant appealed the Town's refusal of an application to amend the Zoning By-law to permit the construction of a single detached dwelling and a dock closer to the shoreline.

At a Case Management Conference, the Tribunal granted party status to an adjacent landowner, Steven Page, on consent of the Town and over the Applicant's objection.

The Tribunal also approved a Procedural Order and Issues List, and scheduled a two-day merit hearing.