Denisa Mertiri

The City of Burlington requested a review of a Tribunal decision that refused to dismiss an appeal of the new City Official Plan.

The original decision held that the appeal survived the sale of the subject property because it was 'tied to the land', and directed the City to contact the new owner.

The Tribunal Chair granted the request for review, finding that the original decision contained an error of law.

The Chair held that while Tribunal decisions regarding permitted land uses run with the land (in rem), the right to commence, maintain, or withdraw an appeal is a personal right (in personam).

The original decision was varied to dismiss the appeal without a hearing on the merits.

This was the fifth Case Management Conference regarding appeals of the Town of Whitchurch-Stouffville's Official Plan Amendment No. 136, which the Region of York failed to approve.

The Tribunal heard updates on settlement discussions and potential motions to hear site-specific appeals together with the OPA appeals.

The Tribunal scheduled an 18-day merit hearing for August 2024 and directed the parties to file a draft Procedural Order and Issues List.

The appellant appealed the City's failure to adopt an official plan amendment to establish a secondary plan for a large master-planned community.

All parties except one landowner reached a settlement.

The opposing landowner argued the plan did not conform to the Greenbelt Plan due to proposed collector roads crossing the Greenbelt, and sought to have its lands excluded.

The Tribunal found that the approved Municipal Class Environmental Assessment (MCEA) established conformity with the Greenbelt Plan and that the Tribunal should rely on it.

The Tribunal also found no planning basis to exclude the opposing landowner's lands from the comprehensive secondary plan.

The appeal was allowed in part to approve the settlement plan in principle.

The plaintiff moved for leave to amend its statement of claim to add a third party as a defendant in an action concerning environmental contamination.

The proposed defendant opposed the motion, arguing the claim was statute-barred.

The court found that the plaintiff had actual knowledge of the material facts giving rise to a plausible inference of liability against the proposed defendant more than two years before bringing the motion.

Consequently, the limitation period had expired, and the motion to add the party was dismissed.

This was a Case Management Conference regarding appeals of the City of Burlington's new Official Plan, Official Plan Amendment 119, and Zoning By-law Amendment No. 2020-418.

The Tribunal approved a Master Procedural Order setting out a phased hearing plan and approved the Procedural Order for the Phase 1A hearing on agriculture issues, scheduling it for April 2023.

The parties requested a further Case Management Conference (CMC) to address details of phasing and outstanding matters in the Procedural Order regarding appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted the request and scheduled a further CMC for February 24, 2022.

The City of Burlington brought a motion during a Case Management Conference to release the freeze on certain lands under an Interim Control By-law (ICBL).

The ICBL remained in effect due to appeals of a Zoning By-law Amendment (ZBA) that applied only to a specific area near the Burlington GO Station.

The Tribunal found, based on uncontested planning evidence, that the ZBA did not apply to the lands outside its specific area.

Consequently, pursuant to s. 38(6.1) of the Planning Act, the Tribunal's finding invoked the release of the ICBL for all remaining lands outside the ZBA area, allowing prior zoning to resume effect.

The Tribunal held a first Case Management Conference regarding appeals by a local resident against the City's enactment of a Zoning By-law Amendment and approval of a draft plan of subdivision.

The parties disagreed on the extent of the issues raised by the appellant.

The Tribunal approved a Procedural Order and Issues List that limited the appeal to the narrow issue set out in the original Notice of Appeal, finding that allowing new issues would be tantamount to extending the appeal period.

A three-day video hearing was scheduled.

A case management conference was held to consider hearing appeals related to the City of Burlington's Official Plan Amendment 119, Zoning By-law Amendment 2020-418, and the new Official Plan together.

The Tribunal ordered the matters to be heard together for case management purposes.

Additionally, the Tribunal granted a motion by 409 Brant St. Ltd., finding that ZBA 2020-418 does not apply to its site, which had the statutory effect of releasing the site from the Interim Control By-law and reinstating its prior zoning.

The Tribunal convened a Case Management Conference due to a lack of progress in appeals concerning a zoning by-law and official plan amendment for a country inn development.

Although the appellant and applicants had signed Minutes of Settlement, the City had not agreed and its proposed changes were ignored.

The Tribunal directed the parties to respond to the City's changes, initiate discussions, and report back by July 14, 2021, after which a settlement hearing or further CMC would be scheduled.

This was the first Case Management Conference regarding multiple appeals of the new Official Plan for the City of Burlington, as modified and approved by the Regional Municipality of Halton.

The Tribunal granted party and participant status to several requestors and set deadlines for the submission of issues lists and a draft Procedural Order.

A subsequent Case Management Conference was scheduled to address overlapping appeals with another Official Plan Amendment.