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Party status granted to municipality and second Case Management Conference scheduled in subdivision appeal.
The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the approval authority's failure to make a decision on a proposed plan of subdivision.
The Tribunal granted party status to the Town of Carleton Place on consent.
A second Case Management Conference was scheduled to allow the parties time to frame the issues and finalize a draft Procedural Order.
Appeal dismissed; Tribunal properly assessed damages for new home warranty defects without applying inapplicable water penetration test.
The appellants appealed a Licence Appeal Tribunal decision regarding the quantum of damages for warranted defects in the exterior brick cladding of their new home.
The Tribunal had awarded $16,724 to repair the front of the house, rejecting the appellants' claim for over $200,000 to rebrick the entire home.
On appeal to the Divisional Court, the appellants argued the Tribunal erred in law by failing to apply the test from Ducas and by taking a functional rather than prescriptive approach to the Building Code.
The Divisional Court dismissed the appeal, finding the Ducas test inapplicable to the one-year warranty at issue and holding that the Tribunal properly assessed the scope of damages based on the evidence.
Zoning By-law Amendment appeal allowed to permit rural dwelling near former waste disposal site.
The appellants appealed the municipality's failure to make a decision on a Zoning By-law Amendment application to permit a new single detached dwelling within 500 metres of a former waste disposal site.
The municipality did not call evidence at the hearing.
Based on uncontroverted expert planning and hydrogeological evidence, the Tribunal found no risk of contamination to the subject property.
The Tribunal allowed the appeal, finding the proposed amendment consistent with the Provincial Planning Statement and in conformity with the applicable official plans.
Party status granted and five-day hearing scheduled for appeal of development permit by-law.
The Tribunal held a first Case Management Conference regarding an appeal by Pegasus Development Corporation against the Town of Carleton Place's new Town-wide Development Permit By-law.
The Tribunal granted party status to Inverness Homes Inc., approved the Procedural Order, and scheduled a five-day video hearing to commence on August 10, 2026.
