Denise Baker

The Appellant brought a motion requesting a review of a prior Tribunal decision that dismissed its appeal of the City of St. Catharines' Official Plan Amendment No. 26 in full, and sought a stay of the OPA.

The Appellant argued the Tribunal acted outside its jurisdiction, violated rules of natural justice, and made errors of law by dismissing the appeal in full when the responding parties had only sought partial dismissal.

The Tribunal found the Appellant failed to establish a convincing and compelling case under Rule 25.7 that the Tribunal made any of the enumerated errors.

The motion for review and request for a stay were dismissed.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Northampton Inns (Whitby) Inc. against the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 54-storey mixed-use building.

The Tribunal granted party status on consent to three neighbouring property owners.

A nine-day video hearing was scheduled to commence on October 17, 2023, and the parties were directed to submit a finalized Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for a proposed 6-storey residential building.

The Tribunal granted party status to the regional municipality and one resident, and participant status to several other area residents.

The Tribunal also scheduled a 10-day hearing and approved the Procedural Order and Issues List.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by Cadillac Fairview Corporation, CP REIT Ontario Properties, and BMO Assurance Company against the City of London's Proposed Official Plan Amendment No. OPA 745 (Masonville Secondary Plan Area).

The order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence.

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 regarding appeals of the City of London's new secondary plan for the Masonville Area.

On consent of the parties, the Tribunal granted the City's motion for an order under s. 17(27) of the Planning Act confirming that the unappealed portions of the secondary plan came into effect on November 26, 2021.

The Tribunal also scheduled a seven-day video hearing for the appeals to commence in June 2023.

Motions were brought by CastandGrey 5 Corp., CastandGrey 7 Corp., and Hamilton Country Properties Ltd. for party status in the appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

The City of Hamilton also brought a motion to dismiss the appeals of the Twenty Road West Landowners without a hearing.

The Tribunal granted party status to the moving landowners, finding they had a direct interest in the urban boundary expansion and that their participation would serve the public interest without causing prejudice, provided they sheltered under existing issues.

The Tribunal also granted the City's motion to dismiss the Twenty Road West Landowners' appeals, finding that the landowners had previously agreed to withdraw their appeals in a binding Minutes of Settlement, and their continued pursuit of the appeals was not in good faith.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Infinity (Plains Road) Corporation and Infinity (Aldershot) Developments Inc. against the City of Burlington's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a 9-storey residential building.

The Tribunal granted party status to the Region of Halton and participant status to two neighbouring residents.

The Tribunal also approved the finalized Procedural Order and scheduled a 10-day video hearing for January 2023.

The Applicant appealed the Town of Oakville's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a three-storey, 14-unit residential condominium building.

The Subject Property is located within the Trafalgar Road Heritage Conservation District.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and is compatible with the existing and planned built form context.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding the final order pending the parties' agreement on the final form of the instruments.

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 appellants appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit an 11-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to the Region of Halton and Conservation Halton.

The Tribunal directed the parties to finalize a Procedural Order and Issues List and scheduled a 10-day video hearing for March 2023.

The appellant appealed the approval of Official Plan Amendment No. 26, which converted certain employment lands to alternative uses.

Several parties brought motions to dismiss the appeal under section 17(45) of the Planning Act, arguing that the appellant's issues were statute-barred because the notice of appeal failed to explain how the decision was inconsistent with or failed to conform to provincial plans, as required by section 17(37.1).

The Tribunal agreed, finding that the notice of appeal lacked the required explanations and that the appellant could not expand its appeal beyond the initial submission.

The Tribunal granted the motions and dismissed the appeal without a full hearing.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 9-storey mid-rise residential building with 38 units, which incorporates an existing heritage building.

The Tribunal allowed the appeals, finding that the proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good land use planning by providing appropriate intensification within an Urban Growth Centre.

The Tribunal preferred the applicant's expert evidence on urban design and shadow impacts, concluding that the development is compatible with the surrounding neighbourhood.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan (OPAs 13-18).

The City brought a motion for partial approval (Draft Order 3) to resolve numerous Phase 2 issues based on an Agreed Statement of Facts by land use planning experts, which the Tribunal approved.

The Tribunal also considered Draft Order 4 to implement Minutes of Settlement regarding settlement boundaries.

Fenelon Trails requested a deferral of the Fenelon Falls urban boundary approval, arguing it would restrict growth.

The Tribunal denied the deferral request, noting Fenelon Trails was a non-appellant party sheltering under another appeal that had settled, and approved Draft Orders 3 and 4 to implement the settlement and boundary adjustments.

The applicant appealed the City of Niagara Falls' failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 390-unit apartment development with 21-storey and 12-storey towers.

The Tribunal dismissed the appeals, finding that while the proposal was consistent with the Provincial Policy Statement, it failed to conform to the Growth Plan and the City's Official Plan.

The Tribunal accepted the City's evidence that the proposed height and massing represented overdevelopment, failed to provide an appropriate transition to the adjacent low-rise residential neighbourhood, and did not harmoniously fit with the existing planned context.

This was a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and related Official Plan Amendments.

The Tribunal was updated on settlement discussions, a recent Minister's Zoning Order, and the resolution of issues with one of the appellants.

The Tribunal ordered the parties to file a final hearing plan by February 9, 2022, and scheduled a further Case Management Conference and hearing dates.

The applicants appealed a Committee of Adjustment decision refusing a consent to sever a residential lot to facilitate the development of two duplexes.

The Tribunal found that the proposed severance was consistent with the Provincial Policy Statement and conformed to the Growth Plan and Regional Official Plan.

The central issue was whether the proposed lots conformed to the City's Official Plan policies requiring new lots to reflect the general scale and character of the surrounding lands.

The Tribunal rejected the opposing expert's limited study area, finding that a broader contextual analysis demonstrated the proposed lots were similar in size to other lots in the wider neighbourhood.

The appeal was allowed in part and provisional consent was granted subject to conditions.

The Tribunal held a Case Management Conference regarding multiple appeals of the Rural Hamilton Official Plan and the Urban Hamilton Official Plan.

The parties provided an update, noting that the City of Hamilton Council recently decided against an urban boundary expansion.

The Tribunal scheduled dates for a motion to dismiss, requests for party/participant status, a further Case Management Conference, and an eleven-week hearing commencing in January 2023.

A Procedural Order and Issues List were also approved.

The Tribunal held a first Case Management Conference for appeals brought by the applicants due to the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law amendment applications within the statutory timeframe.

The applications seek to permit an additional 19 storeys atop a multiple dwelling building.

The Tribunal granted participant status to a neighbourhood group representative, directed the submission of an Issues List and Procedural Order, and scheduled a five-day video hearing.

The Tribunal held a first case management conference regarding an appeal by Branthaven West Oak Inc. against the Town of Oakville's failure to make a decision on a zoning by-law amendment application for a 54-unit townhouse development.

The Tribunal granted party status to the Region of Halton and three area residents, and participant status to several others.

A three-day hearing was scheduled for May 2022.