David N. Germain

The applicant appealed the Committee of Adjustment's refusal of minor variances to permit the renovation and partial reconstruction of the Regent Theatre with a three-storey rear addition.

The Tribunal found that the property maintained a legal non-conforming use as a live theatre.

The Tribunal also found that the proposed variances met the four tests under s. 45(1) of the Planning Act, as they maintained the general intent and purpose of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The appeal was allowed and the variances were authorized subject to conditions.

The City of Burlington brought a motion for directions to amend a Notice of Undertaking filed by Nelson Aggregate Co. regarding the proposed expansion of the Burlington Quarry.

The City sought to compel the consolidation of potential future hearings for a Permit to Take Water (PTTW), an Environmental Compliance Approval (ECA), and an Aggregate Resources Act site plan amendment into the current consolidated proceedings.

The Ontario Land Tribunal dismissed the City's request to include the site plan amendment, finding no indication that the Ministry of Natural Resources and Forestry intended to propose amendments that would trigger a hearing.

The Tribunal also exercised its discretion under O. Reg. 351/21 to defer the PTTW and ECA applications until it is determined whether hearings will actually be required for those approvals, noting that the Ministry of Environment, Conservation and Parks typically requires land use approvals to be in place before issuing such permits.

The Tribunal confirmed the consolidation of the five existing appeals.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated July 4, 2024.

The amendment corrected the date of the Draft Plan referenced in the order approving the plan of subdivision.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to facilitate the redevelopment of a former golf course into a 44-lot residential subdivision.

Prior to the hearing, the parties reached a settlement with revised plans.

The Tribunal accepted uncontested expert planning evidence that the revised applications were consistent with provincial policies and represented good land use planning.

The appeals were allowed in part to implement the settlement.

The appellant brought a motion to determine whether its proposed redevelopment of a former golf course into a 44-lot residential subdivision is located within a 'Settlement Area' under the Growth Plan, Provincial Policy Statement, and the City of Kawartha Lakes Official Plan.

The City argued that the lands were not delineated as a Settlement Area in its Official Plan and therefore did not meet the definition.

The Tribunal found that the definition of 'Settlement Area' should be read disjunctively, and that the subject property qualifies as a Rural Settlement because it is a built-up area where development is concentrated, has a mix of land uses, and is identified in the Official Plan.

The motion was granted, and the issue was removed from the Issues List.

The applicant appealed the City's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision to redevelop a former golf course.

Following unsuccessful settlement negotiations, a status hearing was held to reschedule the merit hearing.

The Tribunal scheduled a new seven-day video hearing and directed the parties to file a revised procedural order and issues list following the issuance of a pending motion decision.

The Tribunal issued an amending decision to correct a technical error in the appearances list of its May 6, 2024 decision.

The amendment added the applicant and its counsel to the list of parties and representatives.

The appellant appealed the Town of Caledon's Official Plan Amendment 270, which created a process for assessing Ministerial Zoning Order and Community Infrastructure and Housing Accelerator requests.

At the first Case Management Conference, the parties requested an adjournment to a second CMC because pending provincial legislation (Bill 185) and a newly adopted Town Official Plan could affect the appeal.

The Tribunal granted the request and scheduled a second CMC.

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 applicant sought a Class A licence to operate a quarry on lands currently licenced as a gravel pit.

The Minister referred the application to the Tribunal following objections from neighbouring property owners regarding environmental, water, and blasting impacts.

The Tribunal considered the criteria under section 12(1) of the Aggregate Resources Act and accepted the uncontradicted expert evidence of the applicant that the proposed quarry would not cause adverse impacts to the natural environment, water resources, or nearby communities.

The Tribunal directed the Minister to issue the licence subject to the prescribed conditions.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a typographical error in a previously issued decision.

The amendment replaced the name of counsel for the County of Lambton in the appearances section.

In all other respects, the original decision remains unchanged.

The applicant appealed the Town of Caledon's failure to make a decision on a zoning by-law amendment application to permit an industrial warehouse and distribution building.

Prior to the hearing, the parties reached a settlement that included site-specific zoning provisions and a holding provision to secure the extension of a local road.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment was consistent with provincial policy and conformed to the applicable official plans.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Pleasant Condos GP Inc. against the City of Toronto concerning site plan approval and minor variances to permit an increase in the height of a residential tower from 35 to 40 storeys.

The Tribunal granted participant status to the Avoca Vale Residents' Association and party status to 40 Rosehill Avenue (MTCC No. 773) for the minor variance appeal.

A second Case Management Conference was scheduled for March 15, 2024, to finalize the Procedural Order and Issues List.

The applicant appealed the Town of Halton Hills' failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential subdivision.

The parties reached a settlement reducing the proposed development from 34 to 31 single-detached units and dedicating approximately 75% of the lands for public ownership.

The Tribunal accepted uncontested expert planning evidence that the revised proposal conformed to the intent of the Official Plan, addressed participant concerns regarding density and traffic, and represented good land use planning.

The appeal was allowed in part to approve the amended instruments and draft plan.

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.

A first Case Management Conference was held regarding appeals by Caledon HL Developments Inc. against the Town of Caledon's refusal of official plan and zoning by-law amendments for an industrial warehouse development.

The Tribunal granted party status to the Ministry of Municipal Affairs and Housing and the Toronto and Region Conservation Authority, and participant status to QuadReal Property Group Limited Partnership.

A procedural order was approved, and dates were set for a second Case Management Conference and a three-week merit hearing.

Grainboys Holdings Inc. brought a motion for costs against the appellants, Bill and Frank Pearce, following the dismissal of their appeal concerning a site-specific zoning by-law amendment.

Grainboys sought full indemnity costs, alleging the appeal was maintained for an improper purpose, or alternatively, partial costs for unreasonable conduct.

The Tribunal found no improper purpose but concluded that the appellants acted unreasonably and frivolously by failing to drop air quality and noise issues in a timely manner and by unexpectedly declining to call their only witness without notice.

The Tribunal awarded Grainboys costs fixed at $12,500.

The applicant applied for a Class A licence to excavate aggregate from a quarry.

Following objections, the Ministry of Natural Resources and Forestry referred the application to the Ontario Land Tribunal.

At a Case Management Conference, the Tribunal reviewed the roles of parties, noted the self-represented status of the objectors, and approved a Procedural Order on consent.

A three-day video hearing was scheduled to address predicted impacts on the natural environment, water resources, and blasting.

At a Case Management Conference, the Ontario Land Tribunal considered appeals regarding the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed development.

The Tribunal ordered the consolidation of the two appeals, noting they involve the same property, development proposal, and parties.

Kingsway Park Ratepayers Inc. was granted party status without objection.

A further Case Management Conference was scheduled for October 2023 to allow the City Council to review a revised proposal.

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.