Denise Baker

A Case Management Conference was held regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and related amendments.

The Tribunal addressed a request for an adjournment based on a pending disposition letter, confirmed there were no concerns with certain lands remaining within the Lindsay urban settlement boundary, extended the deadline for the Agreed Statement of Facts, and scheduled a further Case Management Conference for January 2022.

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 applicant appealed the refusal of a minor variance by the Town of Aurora Committee of Adjustment.

The variance sought to increase the maximum lot coverage from 35% to 41.1% for a two-storey dwelling on a lot within a draft plan of subdivision.

The Tribunal found that the requested variance met the four tests under s. 45(1) of the Planning Act, as it was generally consistent with the existing neighbourhood and maintained the required yard setbacks.

The appeal was allowed and the variance was authorized subject to conditions.

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

The Tribunal granted a motion for disclosure, allowing information pertaining to servicing capacity to be entered into evidence at the upcoming hearing.

The Tribunal denied a request by certain appellants to postpone dealing with the Lindsay urban boundary issue, directing that the hearing proceed as originally scheduled.

Finally, the Tribunal approved the modified Official Plan Schedules A-2, A-4, and A-5, and finalized the Procedural Order for the Phase 2 hearing.

The Milton Phase 4 (West) Landowners Group Inc. and the Milton P4 Trafalgar Landowners Group Inc. (collectively MP4) brought a motion for party status in appeals concerning the Town of Halton Hills' Official Plan Amendment No. 32.

MP4 argued that the Regional Municipality of Halton's Natural Heritage System policies, which were modified in OPA 32, would affect their lands in the Town of Milton.

The Town of Halton Hills and the Region opposed the motion, arguing that MP4's lands were physically distant, they had not participated in the public process, and their addition would unnecessarily complicate the proceedings.

The Tribunal dismissed the motion, finding that MP4 did not have a direct interest in the proceeding, their presence was not necessary, and adding them would not be in the public interest.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals by Losani Homes concerning properties in the Town of Grimsby.

The appeals relate to Official Plan and Zoning By-law amendments, as well as heritage demolition refusals and notices of intention to designate under the Ontario Heritage Act.

The Tribunal granted party status to Burgess Heritage Group Inc. and participant status to several individuals.

The Tribunal deferred the issue of consolidating the appeals, directed the parties to finalize a draft Procedural Order, and scheduled a 10-day merit hearing as well as a second Case Management Conference.

The applicant appealed the City of Burlington Committee of Adjustment's refusal to grant 18 minor variances to permit a 67-unit standard condominium townhouse development.

The variances related to density, building height, setbacks, parking, and landscaping.

The City supported the variances at the Tribunal.

The Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Regional Official Plan, and met the four tests under section 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variances.

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 appellant appealed the Town of Grimsby's failure to adopt a requested official plan amendment and zoning by-law amendment to permit a 5-storey mixed-use building on a site containing a designated heritage building.

At the second Case Management Conference, the Tribunal granted party status to an adjacent landowner and participant status to a local community group on consent.

The Tribunal scheduled a third Case Management Conference to finalize the procedural order and potentially consolidate the appeals with an anticipated heritage application appeal, and set a 14-day hearing for October 2022.

A Case Management Conference was held regarding an appeal of Official Plan Amendment No. 26, which redesignates employment lands for alternative uses in St. Catharines.

The Tribunal granted party status on consent to several applicants.

As mediation was deemed unlikely to resolve the issues by most parties, the Tribunal scheduled a second Case Management Conference and a 15-day hearing.

At a Case Management Conference regarding appeals of the City of Kawartha Lakes 2012 Official Plan, Bromont Homes Inc. sought clarification on whether the urban settlement boundary for Lindsay remained a live issue for the upcoming Phase 2 Hearing.

The City and other parties argued the issue was settled and Bromont should have appealed to the Divisional Court.

The Tribunal found that previous orders explicitly preserved Bromont's right to argue against the boundary adjustment and ordered that the issue will be adjudicated at the upcoming hearing.

The appellant brought a motion to strike several issues from the Issues List attached to the Procedural Order for an upcoming hearing regarding an Official Plan and Zoning By-law Amendment.

The appellant argued that the non-appellant parties and the City were not calling expert evidence to support certain issues.

The Tribunal struck the issues raised by the non-appellant parties as they did not intend to call evidence, but retained the City's geological and environmental issues, noting the City's land use planning witness would address them.

One transportation issue was struck on consent.

The applicants sought minor variances to enlarge their home and replace a garage, requiring a private force-main connection to municipal wastewater services instead of a septic system.

The Town of Oakville and the Regional Municipality of Halton appealed the Committee of Adjustment's approval due to servicing concerns.

The parties reached a settlement, agreeing to conditions for the private wastewater force-main.

The Tribunal accepted uncontested expert planning evidence that the variances met the four tests under the Planning Act and authorized the variances subject to the agreed conditions.

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 held a Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment approved by the City of Sarnia and County of Lambton.

The parties agreed that the matter did not lend itself to mediation and requested a hearing.

The Tribunal approved the draft Procedural Order on consent and scheduled a four-day video hearing for the appeals.

A Case Management Conference was held regarding multiple appeals of the Rural Hamilton Official Plan and the Urban Hamilton Official Plan.

The City of Hamilton advised that it is undertaking a municipal comprehensive review that may result in an urban boundary expansion, potentially resolving many appeals.

The Tribunal scheduled a further Case Management Conference for November 4, 2021, to allow time for the City to provide direction on the boundary expansion and for the parties to prepare an updated draft Procedural Order and Issues List.

The applicants appealed the County of Brant's refusal of a zoning by-law amendment and failure to make a decision on consent applications to facilitate the creation of two new residential lots.

At the first Case Management Conference, the Tribunal scheduled an eight-day merit hearing to be conducted by video, denying the County's request for an in-person hearing.

The Tribunal also approved the procedural order and issues list agreed upon by the parties.

The Ontario Land Tribunal held a Case Management Conference to finalize the hearing plan and procedural directions for appeals concerning the redevelopment of the Glen Abbey golf course.

The Tribunal approved a segmented hearing approach, scheduling a five-week block in 2022 for technical discipline evidence, and finalized a four-day per week hearing plan for the main hearing commencing in August 2021.

Additional directions were provided regarding electronic document submission, verbatim reporting, and a strict prohibition against unauthorized recording of the proceedings.

The applicant appealed the City of Burlington's failure to make a decision on its applications for an official plan amendment and zoning by-law amendment to permit an 11-storey mid-rise residential building.

At the first Case Management Conference, the Tribunal granted participant status to two local residents, directed the filing of participant statements, and scheduled an eight-day hearing on the merits.

The Tribunal also approved the parties' draft Procedural Order.

The applicant appealed the Town of Aurora's failure to make a decision on applications for a zoning by-law amendment and site plan approval to permit the addition of 56 rental stacked townhouse units to a site with two existing apartment buildings.

The parties reached a settlement, supported by uncontested expert planning evidence, which included a reduced parking rate justified by a parking utilization study.

The Tribunal allowed the appeal in part, approving the zoning amendment and site plan drawings, finding the proposal consistent with provincial policy and representing good planning by broadening the range and mix of housing types.