Conner Harris

The Claimant brought a claim for compensation under the Expropriations Act arising from the closure of an access point during highway construction.

Following an urgent adjournment requested by the Respondent due to a witness's hospitalization, the Tribunal held a case management conference to schedule new dates.

The Tribunal scheduled a motion date to hear the Claimant's motion to strike, the Claimant's motion for costs thrown away, and the Respondent's motion to withdraw deemed admissions.

A new five-day hearing on the merits was also scheduled.

At a Case Management Conference for an appeal regarding a zoning by-law amendment, the Tribunal addressed procedural matters including the status of a party and the failure of added parties to submit witness lists.

The Tribunal changed Hastad Property Management Services Inc.'s status to Participant on consent.

The Tribunal extended the deadline for the added parties to submit their witness lists but struck several of their issues from the Issues List because they did not intend to call expert evidence to support those issues.

A revised Procedural Order was issued.

A status hearing and case management conference was held regarding an expropriation claim by a tenant.

The respondent Region indicated its intent to bring a motion to consolidate this proceeding with a separate claim by the landlord of the subject property.

The Tribunal scheduled the motion to consolidate and deferred further case management and the issuance of a procedural order until the motion is determined.

Shannondale Developments brought a motion for costs against Shanae Management Inc. following the Tribunal's dismissal of Shanae's zoning by-law appeal without a hearing.

Shannondale argued that Shanae's appeal was devoid of merit, lacked expert evidence, and was brought solely to leverage financial interests regarding off-site environmental remediation.

The Tribunal applied the Midland test and found that Shanae's conduct did not meet the high threshold of being unreasonable, frivolous, vexatious, or in bad faith.

The motion for costs was dismissed, with no costs payable by either party.

The Ontario Land Tribunal held a Case Management Conference regarding a land compensation claim under the Expropriations Act.

The Tribunal issued a procedural order on consent, setting the hearing date for June 12, 2023, and establishing deadlines for document exchange, discoveries, and expert reports.

The Tribunal held a Case Management Conference for an appeal under the Conservation Authorities Act regarding a refused development permit.

The parties agreed to a draft Procedural Order and Issues List.

The Tribunal scheduled a 9-day hearing and a prior status hearing, and issued the Procedural Order to govern the proceedings.

The applicant appealed the City of Mississauga's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment to permit a 9-storey residential apartment building with ground floor commercial space.

The parties reached a settlement prior to the hearing.

Based on the uncontroverted expert land use planning evidence, the Tribunal found that the revised proposal was consistent with the Provincial Policy Statement, conformed with the Growth Plan and Region of Peel Official Plan, and represented good land use planning.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by the appellant against the municipality regarding a shoreline preservation zoning by-law.

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

The appellant, Don Mills Residents Inc., appealed a Superior Court decision that dismissed its application seeking a declaration and injunction to compel the City of Toronto and C/F Realty Holding Ltd. to construct a community centre as per minutes of settlement.

The application judge found the minutes were not a binding contract and specific performance was inappropriate.

The Court of Appeal upheld the lower court's decision, finding that the minutes of settlement, in the context of land-use planning, were not a binding contract but rather a planning instrument under the Planning Act, revisable in the public interest.

The court also found no legal obligation on the City to build the centre, as that obligation rested with C/F Realty Holding Ltd.

The Ontario Land Tribunal issued a Procedural Order to govern the proceedings for an appeal under subsection 34(11) of the Planning Act.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit two 21-storey towers and a 9-storey midrise building.

The Tribunal set a 14-day hearing to commence on July 31, 2023, and established the Issues List and order of evidence.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The parties requested mediation, and a final Procedural Order was submitted and approved.

The Tribunal scheduled a 10-day video hearing to commence on April 24, 2023.

The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment without a hearing.

The appellant had not appealed the related official plan amendment, which had come into force and permitted the height and density reflected in the zoning by-law amendment.

The Tribunal found that the appeal had no reasonable prospect of success because the zoning by-law amendment must conform to the in-force official plan, and the appellant's concerns regarding off-site environmental remediation were beyond the scope of the site-specific zoning by-law amendment.

The motion was granted and the appeal was dismissed.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications for a mixed-use community.

The Tribunal granted party status to a residents' group and the school board, and participant status to 44 individuals.

A 14-day video hearing was scheduled for June 2023, and a Procedural Order was issued.

The applicants appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments required to facilitate a phased mixed-use redevelopment of the Eglinton Square Shopping Centre.

The parties reached a settlement proposing a comprehensive transit-supportive development with new public streets, parks, and a mix of tall and mid-rise buildings.

Relying on the uncontested affidavit evidence of a land use planner, the Tribunal found the settlement consistent with provincial policy, in conformity with the Growth Plan and City Official Plan, and representative of good planning.

The appeals were allowed in part to approve the amended planning instruments.

The appellants appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a mixed-use development.

At the fourth Case Management Conference, the Tribunal was advised that City Council's decision was imminent.

The Tribunal directed the parties to provide necessary planning instruments and affidavits by August 2, 2022, and scheduled a further Telephone Conference Call for August 4, 2022, to review the materials for a written hearing.

The appellants appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a mixed-use development.

At the first Case Management Conference, the Tribunal consolidated two related appeals on consent.

The Tribunal also granted party status to an adjacent property owner, Metro Ontario Real Estate Limited, finding its participation necessary for effective adjudication.

A second Case Management Conference was scheduled to facilitate ongoing settlement discussions.

A case management conference was held regarding an expropriation claim.

The respondent requested a date to hear a motion to dismiss the claim due to the claimants' delay in advancing it.

The Tribunal scheduled the motion to dismiss for May 30, 2022, and directed the claimants to serve and file their affidavit of documents by April 15, 2022.

This was the first Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The Tribunal granted party and participant status to several entities and individuals on consent.

A second Case Management Conference was scheduled for September 7, 2022, and a ten-day hearing was scheduled to commence on April 24, 2023.

Two groups of landowners appealed the Surveyor General's confirmation of a survey that extended road allowances to the water's edge of Georgian Bay, separating their properties from the beach.

The appellants argued the Surveyor General erred by ignoring a previous Divisional Court decision, misapplying common law principles of accretion, and rejecting estoppel arguments.

The Divisional Court dismissed the appeals, finding the Surveyor General made reasonable findings of fact supported by evidence, including that no accretion had occurred and that the original 1820s survey intended the road allowances to reach the water.

The court held the standard of review was correctness for law and palpable and overriding error for fact, and found no such errors.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by Stellarcorp Developments 420 Inc. regarding the City of Mississauga's failure to adopt requested official plan and zoning by-law amendments to permit a high-density residential development.

The order sets the hearing date, procedural deadlines, and the issues list.