Denise Baker

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.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit to demolish a chalet and construct a new dwelling.

Prior to the hearing, the parties reached a settlement that modified the building materials, landscaping, and grading to reduce visual impacts.

The Hearing Officers reviewed the revised conditions of approval, found them to be in accordance with the Niagara Escarpment Plan, and confirmed the Commission's decision as modified by the settlement.

In an appeal of a development permit approval by the Niagara Escarpment Commission, the appellants requested that the hearing be held in Toronto and that the Hearing Officer conduct a site visit.

The Hearing Officer denied the request to hold the hearing in Toronto, ordering it to be held in Thornbury near the subject property in accordance with the Tribunal's usual practice.

The request for a site visit was granted, as it would assist in understanding the evidence regarding the scale of the proposed development and its potential impact on a large oak tree and water flow.

Procedural dates for the hearing were also scheduled.

At a pre-hearing conference regarding appeals of a development permit approval, several individuals requested party and participant status.

The Hearing Officer granted party status to two neighbours whose interests could be directly and substantially affected by the hearing, and participant status to the past president of the condominium corporation who could provide relevant context.

The matter was adjourned to allow for settlement discussions.

The appellant, a condominium unit owner, sought to appeal the Niagara Escarpment Commission's approval of a development permit for another unit within the same condominium corporation.

The appellant had not received notice of the decision from the Commission.

The Hearing Officer dismissed the appeal, finding that the Niagara Escarpment Hearing Office lacks jurisdiction to extend a right of appeal to a person who was not entitled to receive notice under the Niagara Escarpment Planning and Development Act.

The appellant sought to adjourn its motion for leave to appeal a decision of the Ontario Municipal Board.

The appellant discovered that a witness who testified at the Board hearing had previously made a presentation to Board members, prompting the appellant to commence an application for judicial review regarding procedural fairness.

The court granted the adjournment, noting that it would be an inefficient use of court resources to hear the leave to appeal motion when the underlying decision could potentially be declared a nullity through the judicial review application.