Colin Léger

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellant against the municipality's enactment of an Official Plan Amendment and a Zoning By-law Amendment.

The amendments were requested by the applicant to permit a 23-storey mixed-use building.

The Tribunal granted party status to the applicant, approved the procedural order, and scheduled a nine-day video hearing to commence on November 6, 2023, along with a second Case Management Conference on June 5, 2023.

The applicants appealed the Township's refusal of a zoning by-law amendment to permit the replacement of an existing cottage and bunkhouse with a larger dwelling on an undersized waterfront lot.

The proposed development required variances for lot coverage, gross floor area, width, and front yard setback.

The Tribunal found that the proposal, subject to an increased 15-metre front yard setback, constituted a net improvement over the existing development, conformed to the District and Township Official Plans, and represented good planning.

The appeal was allowed in part to approve the amendment with the modified setback.

The appellants appealed the Township of Georgian Bay's refusal to grant a zoning by-law amendment to permit the replacement of an existing dwelling with a larger one.

At the first Case Management Conference, the parties indicated they were engaged in resolution discussions but requested a hearing date be set.

The Tribunal issued a Procedural Order and scheduled a three-day video hearing.

The applicants sought $125,000 in costs following a successful application under the Farming and Food Production Protection Act, alleging the respondent municipality engaged in unreasonable conduct by shifting its position, failing to present evidence, and maligning character.

The Normal Farm Practices Protection Board dismissed the applicants' costs request, finding the municipality's conduct was not unreasonable.

The Board awarded the municipality $1,000 in costs for having to respond to the applicants' substantially meritless costs request.

At a Case Management Conference regarding an appeal of a Director's Order under the Environmental Protection Act, the Tribunal considered requests for party and participant status.

Tamlann Investments Inc., a former owner of the subject lands and an orderee, was granted party status over the appellant's objection.

Erectoweld Limited, a neighbouring property owner, was granted participant status on consent.

The Tribunal also approved the draft Procedural Order and Issues List and scheduled a seven-day hearing.

The appellant, Wessuc Inc., appealed a Provincial Officer's Order requiring it to cease operation of a vehicle and retain a Qualified Person to inspect and repair it for emissions tampering.

Following several prehearing conference calls, the appellant complied with the Order and withdrew its appeal.

The Environmental Review Tribunal dismissed the appeal in accordance with its Rules of Practice.