David Donnelly

At a Case Management Conference regarding appeals by Nelson Aggregate Co. for a proposed quarry expansion, the Ontario Land Tribunal scheduled a 60-day hearing on the merits.

The Tribunal adjourned a motion by the City of Burlington to consolidate related Niagara Escarpment Commission appeals due to the late filing of motion materials, which the panel had not fully received.

A further Case Management Conference was scheduled to hear the adjourned motion and finalize the procedural order.

The Tribunal convened a first Case Management Conference regarding appeals under the Planning Act and the Niagara Escarpment Planning and Development Act for a proposed 75-lot residential subdivision.

The Tribunal granted party status to the Regional Municipality of Peel.

A request to consolidate the appeals was deferred to a subsequent motion hearing.

The Tribunal scheduled a second Case Management Conference and a 14-day merit hearing, and approved the Procedural Order and Issues List.

This was a Case Management Conference regarding an appeal by CBM Aggregates against the Town of Caledon's Extension By-law, which extended an Interim Control By-law prohibiting new gravel pits or quarries on certain lands.

The Tribunal granted party status to the Forks of the Credit Preservation Group Inc., approved the draft Procedural Order and Issues List, and scheduled a three-day video hearing for September 2024.

The appellant appealed the Township's failure to make a decision on a zoning by-law amendment application to permit an aggregate extraction operation.

At the third case management conference, the appellant requested that a merit hearing be scheduled for the zoning appeal, as the related Aggregate Resources Act (ARA) application was delayed due to the Ministry of Natural Resources and Forestry adding three First Nations to the duty to consult list.

The Township and an added party opposed, arguing that the zoning and ARA matters should be consolidated to avoid duplicative proceedings.

The Tribunal agreed that consolidation was appropriate and that it was premature to proceed with the zoning hearing while the ARA application remained pending.

The Tribunal adjourned the matter sine die until the ARA license is issued or denied.

The Tribunal held a settlement hearing regarding appeals of the new official plan for the City of Burlington concerning aggregate resource policies.

Based on the uncontroverted expert planning evidence, the Tribunal approved the proposed modifications to the official plan, finding they satisfy statutory requirements, are consistent with the Provincial Policy Statement, conform to provincial and regional plans, and represent good planning.

The appeals were allowed in part to give effect to the settlement.

The appellant appealed the Township's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit the expansion of a mineral aggregate operation.

At the first Case Management Conference, the Tribunal granted party status to the County of Simcoe and a local community coalition.

The Tribunal declined to schedule merit hearing dates, finding it premature given the addition of new parties, the lack of finalized issues lists, and an outstanding related application under the Aggregate Resources Act.

This was the first Case Management Conference regarding appeals by the appellants against the respondent's passing of Zoning By-law Amendments.

The Tribunal scheduled a written motion to determine whether the respondent had jurisdiction to pass the by-law, and deferred requests for party status until after the motion is decided.

The appeals by one of the appellants were subsequently withdrawn.

The South Bracebridge Environmental Protection Group appealed the Town of Bracebridge's approval of an Official Plan Amendment and Zoning By-law Amendment to facilitate the development of a private school complex.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement and conforms with the applicable Official Plans, provided that the minimum buffer for wetlands and watercourses is increased from 15m to 30m.

The Tribunal also required the inclusion of a holding symbol that can only be lifted after site-specific environmental impact statements, including comprehensive amphibian and bat surveys, demonstrate no negative impacts on significant wildlife habitat.

The appeal was allowed in part to implement these amendments.

The appellant appealed the Township's failure to make a decision on a zoning by-law amendment application to permit an aggregate extraction operation.

At a second Case Management Conference, the Tribunal considered whether to schedule a merit hearing or await the referral of a related licensing application under the Aggregate Resources Act.

The Tribunal declined to set hearing dates, finding it appropriate to schedule a third CMC to allow time for the related matter to be referred and consolidated, thereby ensuring an efficient and comprehensive hearing.

The Ontario Land Tribunal held a case management conference regarding appeals by Nelson Aggregate Co. for official plan amendments and licenses to permit a quarry expansion.

The City of Burlington brought a motion to consolidate related Niagara Escarpment Commission appeals.

Due to concerns raised by the Tribunal regarding the City's supporting affidavit being sworn by a law clerk, the City withdrew its motion with liberty to refile.

The Tribunal scheduled a further case management conference to finalize the procedural order and hear the refiled motion.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Stop Petersburg Sand Pit Inc. against the Township of Wilmot's approval of a Zoning By-law Amendment to permit a gravel pit operation.

The Tribunal granted Party status to the Regional Municipality of Waterloo.

The Parties advised that a related Aggregate Resources Act licence application is nearing completion and will likely be referred to the Tribunal.

The Tribunal ordered that a second Case Management Conference be scheduled once the referral is confirmed, and directed the Applicant to provide monthly status updates.

A Case Management Conference was held regarding appeals of an Official Plan Amendment and Zoning By-law Amendment to permit a Country Inn development.

The Tribunal granted party status to the new owners of the subject lands on consent.

A five-day merit hearing was scheduled for January 2024, and a Procedural Order with an Issues List was approved.

The Ontario Land Tribunal held a Case Management Conference to finalize a Procedural Order and set a hearing date for appeals concerning proposed Official Plan and Zoning By-law Amendments.

The amendments would permit a 662-unit subdivision on lands currently occupied by a golf course.

The parties reached a consensus on the material terms of the draft Procedural Order.

The Tribunal scheduled a 14-day video hearing to commence on July 2, 2024, and issued the agreed-upon Procedural Order to govern the proceedings.

The appellant appealed the municipality's approval of a Zoning By-law Amendment that permitted a special events venue and culinary-related activities as on-farm diversified uses.

Prior to the hearing, the parties reached a settlement that introduced additional regulations, including limits on temporary structure floor area, hours of operation, and amplified sound.

The Tribunal accepted the uncontested expert planning evidence that the revised amendment was consistent with provincial policies, conformed to regional and local official plans, and represented good land use planning.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Nelson Aggregate Co. for official plan amendments and an Aggregate Resources Act license to permit a quarry expansion.

The Tribunal granted party status to six entities, including the City of Burlington and the Regional Municipality of Halton, and participant status to 66 individuals.

The Tribunal directed the parties to collaborate on a Draft Procedural Order and Issues List and scheduled a further Case Management Conference to address a forthcoming motion for consolidation.

The applicant sought costs of $153,858.95 against a residents group following a settlement hearing for a subdivision development.

The applicant argued the residents group acted unreasonably by pursuing meritless planning arguments and failing to call engineering evidence.

The Tribunal dismissed the motion, finding the residents group participated reasonably, complied with procedural orders, and advocated in good faith.

The Tribunal emphasized its cautious approach to costs against citizens to avoid a chilling effect on public participation in the planning process.

The appellant appealed the Town of Milton's adoption of an Official Plan Amendment and a Zoning By-law Amendment that permitted a mixed-use development.

The parties reached a settlement and presented revised instruments to the Tribunal.

Based on uncontroverted expert planning evidence, the Tribunal found the revised development consistent with provincial policies and local official plans.

The Tribunal allowed the zoning appeal in part to implement the settlement and confirmed the withdrawal of the official plan appeal, bringing it into effect.

The applicant brought a motion to dismiss two appeals against the approval of an official plan amendment and zoning by-law amendment to permit a 662-unit subdivision on a former golf course.

The Tribunal dismissed the appeal by Hatem Abou El-Nile, finding that his concerns regarding mental health impacts from the loss of green space did not constitute recognized land use planning grounds.

However, the Tribunal denied the motion to dismiss the appeal by Friends to Keep Vaughan Green, finding that their appeal raised genuine, legitimate, and authentic land use planning issues worthy of adjudication, supported by expert evidence.

The appellant appealed the City of Welland's adoption of a city-wide zoning by-law regulating cannabis cultivation, production, and processing.

The parties reached a settlement and requested the Tribunal approve the amended by-law.

The Tribunal expressed concerns regarding the scant level of analysis in the supporting planning affidavit, particularly concerning prime agricultural areas and the Provincial Policy Statement.

Before the hearing could continue with further evidence, the appellant withdrew the appeal, and the Tribunal closed the file.

The applicant sought statutory accident benefits for transportation expenses related to hip surgery following a motor vehicle accident.

The insurer denied the expenses and requested an insurer's examination (IE).

The applicant refused to attend, arguing the insurer had no right to request an IE without a treatment plan.

The insurer sought to bar the application under s. 55 of the Schedule for failure to attend the IE.

The Tribunal found that while the insurer had the right to request an IE for transportation expenses, the notices of examination provided to the applicant were defective as they lacked specific details about her medical condition.

Consequently, the preliminary issue was dismissed, and the application was permitted to proceed.