David Neligan

The Ontario Land Tribunal held a Case Management Conference regarding an expropriation claim by Orlando Corporation against the Regional Municipality of York.

The parties submitted a draft Procedural Order on consent.

The Tribunal approved the Procedural Order and scheduled a four-day video hearing on the merits for February 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Diamond Developments and Mario and Maria Polla against the City of Mississauga's failure to adopt requested Official Plan and Zoning By-law amendments.

The amendments seek to permit nine detached dwellings on a common element condominium road.

The Tribunal granted party status to an abutting property owner, scheduled a second Case Management Conference, and set dates for a 12-day merit hearing.

At a Case Management Conference for appeals concerning a proposed four-tower residential development and parkland dedication, the Tribunal granted party status to the Toronto and Region Conservation Authority and the ABC Residents Association.

The Tribunal denied the City's request to phase the hearing to first address threshold environmental and natural heritage issues, finding that a phased approach would not be expeditious and would likely result in duplication of evidence.

A 22-day merit hearing was scheduled and a Procedural Order was approved.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

This decision arises from a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes Official Plan and its Secondary Plans.

The Tribunal received status updates on the various phases of the hearing, including ongoing settlement discussions, the withdrawal of certain appeals, and the scheduling of future hearing dates.

A further Case Management Conference was scheduled to continue progressing the matters toward potential settlement prior to the merit hearing.

The appellants appealed the Region of Halton's approval of Official Plan Amendment No. 54 (the Trafalgar Secondary Plan) to the Town of Milton Official Plan.

Following negotiations, the parties reached a partial settlement regarding approximately 61 policies, leaving 16 policies unresolved.

Based on the uncontroverted expert planning evidence, the Tribunal found the resolved policies were consistent with provincial policy and represented good planning.

The Tribunal allowed the appeals in part, modifying and approving the resolved policies while withholding approval on the unresolved policies.

This was the second Case Management Conference regarding appeals of Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan for the Town of Milton.

The parties advised the Tribunal of productive settlement discussions and requested a written hearing to consider a motion for partial approval of the Secondary Plan.

The Tribunal scheduled the written hearing for January 19, 2024, and a third Case Management Conference for February 26, 2024, to address further scheduling and procedural matters.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding an appeal by the applicant against the respondent's refusal to approve a zoning by-law amendment.

The amendment sought to permit a five-storey residential building with 74 units.

The order sets out the organization of the hearing, filing dates, and the issues list.

This was the first Case Management Conference regarding an appeal by Dorchester Property Holdings Inc. against the City of Niagara Falls' refusal of a Zoning By-law Amendment application to permit a 5-storey residential building.

The Tribunal granted party status to Niagara Stronger Together Incorporated on consent.

The Tribunal directed the parties to submit a scoped draft Procedural Order and Issues List, and scheduled an 8-day hearing on the merits for October 2024.

The applicant appealed a Committee of Adjustment decision refusing variances to construct a new residential dwelling with an integral garage.

Prior to the hearing, the parties reached a settlement that included revised plans with reduced variances for building height and lot coverage.

The Toronto Local Appeal Body accepted the uncontested expert planning evidence that the revised proposal met the four tests under section 45(1) of the Planning Act.

The appeal was allowed in part, and the revised variances were authorized subject to conditions.

This decision arises from a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and Secondary Plans.

The Tribunal noted the withdrawal of several appeals and directed the merging of the Phase 5 and Phase 7 hearings.

The Tribunal scheduled a further Case Management Conference and set dates for the merged five-week hearing.

The applicant appealed the City of Richmond Hill's failure to make a decision on site-specific Official Plan and Zoning By-law amendments for a proposed mixed-use development.

The parties reached a settlement for a revised 10-storey midrise building with residential and retail uses.

Based on uncontested expert planning evidence, the Tribunal found the revised development constitutes good planning, conforms to provincial and municipal policies, and represents an efficient use of land.

The appeals were allowed in part on an interim basis, with final approval withheld pending the submission of final instruments and site plan approval.

A case management conference was held regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and its Secondary Plans.

The Tribunal received status updates on the remaining phases of the appeals, noting the withdrawal of certain appeals and the closure of the Phase 6 hearing file.

The Tribunal directed the parties to work collaboratively to prepare a final procedural order and issues list for the Phase 5 hearing, and scheduled a further case management conference to set hearing dates and address outstanding matters.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

The appellants appealed the refusal of a minor variance application to permit an existing park model trailer as a primary residential dwelling and to legalize an existing shed on their waterfront property.

The City had issued a zoning by-law infraction notice, classifying the structure as a park model trailer, which is not a permitted use in the Residential Estate Type 1 zone.

The Tribunal found that the structure was indeed a park model trailer and not a single detached dwelling.

Applying the four tests under section 45(1) of the Planning Act, the Tribunal concluded that the variance did not maintain the general intent and purpose of the Zoning By-law, was not desirable for the appropriate development of the land, and was not minor in nature.

The appeal was dismissed.

The moving parties sought leave to appeal a decision of the Local Planning Appeal Tribunal.

The Divisional Court dismissed the motion, finding that the proposed appeal did not meet the three-part test for granting leave.

In accordance with the parties' agreement, costs of $10,000 were awarded to the respondents.

In a land compensation proceeding, the claimant brought a motion for directions regarding the interpretation of a prior Tribunal order for document production and discovery.

The Tribunal clarified that the claimant must produce full, unredacted copies of expert reports and supporting evidence that existed at the time of its statement of claim, but exempted communications protected by solicitor-client privilege.

The Tribunal also directed the claimant's representative to reattend for examination for discovery regarding the produced documents.

The claimant brought a motion regarding the City's alleged failure to disclose documents over which it claimed litigation, settlement, or solicitor-client privilege in its Affidavit of Documents.

The Tribunal found that litigation was reasonably contemplated by December 2015, but the City had not fully met its onus to show all subsequent documents were prepared for the dominant purpose of litigation.

The Tribunal ordered the City to provide a fresh Schedule B and produce documents predating the March 2020 Statement of Claim, subject to redactions for legal advice and settlement positions.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the City of Kawartha Lakes 2012 Official Plan.

The parties confirmed that a Phase 3 hearing was no longer necessary and scoped the remaining issues for a Phase 4 hearing.

The Tribunal approved the final Procedural Order and Issues List for the Phase 4 hearing, scheduled a six-week hearing for May 2023, and granted party status to Ibrans Developments Ltd. on consent.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.