Denise Baker

At the first Case Management Conference for an appeal concerning a proposed mixed-use development, the Tribunal scheduled a written motion to determine the party status of the Beamsville Bench Winery Association.

The Tribunal granted participant status to three individuals but denied it to a fourth due to lack of direct impact.

A nine-day merit hearing was scheduled to commence in October 2026.

At a Case Management Conference for appeals regarding consent and minor variance applications to sever a property into three lots, the Tribunal considered requests for party and participant status.

The Town of Fort Erie indicated it would not oppose the applications provided its conditions were met.

An adjacent landowner, 4407 Erie Road Holding LLC, requested party status to raise planning, drainage, and environmental concerns.

The Tribunal granted party status to the adjacent landowner, finding its participation necessary to effectively adjudicate the issues, especially given the Town's position.

Participant status was also granted to several individuals, and a four-day merit hearing was scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Burlington's Official Plan Amendment 2, which establishes the framework for three Major Transit Station Areas.

The Tribunal deferred a party status request from a local business pending the scoping of the appeals.

The parties were directed to continue discussions regarding the contents of the Notice of Appeal and to advise the Tribunal if a motion is required.

A second Case Management Conference was scheduled.

The Tribunal held a second Case Management Conference regarding appeals of the Town of Niagara-on-the-Lake's Official Plan Amendment 99 (Glendale Secondary Plan).

The Tribunal granted participant status to an individual, denying her request for party status as it did not meet the requirements of Rule 8.2.

The parties advised that settlement agreements had been reached or were near completion.

The Tribunal scheduled a settlement hearing and/or third Case Management Conference for March 6, 2026, and set deadlines for the submission of settlement materials and procedural documents.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on applications for a mixed-use redevelopment.

The Tribunal granted participant status to a local resident without objection.

A 15-day merit hearing was scheduled, and the parties were directed to finalize and file a Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the respondent municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to facilitate a 28-storey mixed-use building.

The Tribunal granted participant status to four individuals, consolidated the appeals, and scheduled a 14-day hearing on the merits for October 2026.

The Municipality of Middlesex Centre and the County of Middlesex brought a motion for directions regarding a settlement motion concerning appeals of an Official Plan Amendment.

While the Consensus Parties suggested the motion proceed in writing due to the highly nuanced nature of the arguments, the responding party preferred an in-person hearing.

The Tribunal found that the submissions would be highly nuanced and ordered the settlement motion to proceed in writing, setting a schedule for the exchange of materials.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by multiple developers against the Town of Erin's Development Charges By-law 24-35.

The Tribunal issued a Procedural Order, including an Issues List and Order of Evidence, to govern the proceedings leading up to a 9-day hearing scheduled to commence on March 3, 2026.

The applicants appealed a Committee of Adjustment decision refusing a minor variance to permit a reduced side yard setback for a newly constructed dock.

The Ontario Land Tribunal heard uncontested expert planning evidence that the variance met the four tests under the Planning Act and was consistent with provincial policies.

The Tribunal allowed the appeal and authorized the variance, subject to conditions agreed upon by the parties prohibiting mooring on the western side of the dock.

The Building Industry and Land Development Association appealed the Toronto Catholic District School Board's Education Development Charges By-law 2023 No.195.

The appellant argued that the School Board failed to meet statutory eligibility requirements by excluding the capacity of leased secondary schools from its calculations.

The Tribunal found that the School Board acted fairly and reasonably, in accordance with the legislation and Ministry guidelines, by excluding leased capacity from its determination of total capacity.

The appeal was dismissed and the by-law remains in force.

The Town of Milton brought a motion on consent to bring Official Plan Amendment No. 86 and Zoning By-law Amendment No. 036-2025 into full force and effect, save and except for specific properties that remain under appeal.

The Tribunal accepted uncontroverted planning evidence that partial approval would provide clarity and promote orderly planning without prejudicing the appellants.

The Tribunal ordered the instruments into full force and effect on a Town-wide basis, with the site-specific appeals adjourned sine die.

At a Case Management Conference regarding appeals of an Official Plan Amendment, Sorge Enterprises Inc. brought a motion seeking to invalidate the County's Notice of Decision and to be added as an appellant despite filing its appeal out of time.

Sorge argued the Notice was deficient for failing to explicitly list registered owners as having appeal rights.

The Tribunal found the Notice of Decision met all prescribed regulatory requirements and was valid.

Consequently, Sorge's appeal was out of time, and the Tribunal held it lacked jurisdiction to extend the statutory appeal period.

Sorge's request to be added as an appellant was denied, but it was granted non-appellant party status on consent.

A Case Management Conference was held regarding an appeal by Parklane Home Builders Limited against the Town of Fort Erie's by-law designating a property as having cultural heritage value under the Ontario Heritage Act.

The Tribunal scheduled a three-day video hearing on the merits for March 2026 and approved the Procedural Order and Issues List submitted by the parties.

The Tribunal also encouraged the parties to consider mediation to narrow or resolve the issues.

The Ontario Land Tribunal issued a procedural order to govern an upcoming 10-day hearing regarding appeals by the applicant against the City of St. Catharines.

The appeals relate to the city's failure to adopt requested official plan and zoning by-law amendments, and the refusal of an application to permit the demolition of a heritage property and redevelopment of the site with a 4-storey residential and commercial building.

The order establishes the schedule for the exchange of witness statements, expert reports, and visual evidence, and finalizes the issues list.

The applicant appealed the Town of Fort Erie's conditions of approval for a draft plan of subdivision and condominium, specifically a condition prohibiting rooftop patios.

Prior to the hearing, the parties reached a settlement that removed rooftop patios on specific units and required maximum-height fencing to address overlook concerns.

The Tribunal denied participant status to a non-resident and approved the settlement, finding it consistent with provincial policies and representing good land use planning.

The appellant appealed a by-law passed by the municipality designating a property under the Ontario Heritage Act.

At a case management conference, the parties requested a subsequent conference to allow the municipality to review a recently prepared cultural heritage evaluation report before settling a draft Procedural Order and Issues List.

The Tribunal granted the request and scheduled a subsequent case management conference.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a 12-storey purpose-built rental apartment building.

The parties reached a settlement on a revised proposal.

The Tribunal denied a late party status request from adjacent landowners due to lack of specificity and failure to respond.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement, in conformity with the City's Official Plan, and representative of good planning.

The appeals were allowed in part to approve the settlement.

The Tribunal held a Case Management Conference regarding appeals against the City of Brantford's new Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal scheduled future hearing dates and approved a procedural order.

Additionally, the Tribunal heard and approved a settlement between BSC Landco Inc. and the City regarding the property at 555 Greenwich Street.

Based on uncontested planning evidence, the Tribunal allowed the appeal in part to rezone a portion of the property from 'Core Natural' to a 'Holding - General Employment' zone, finding it consistent with the Provincial Policy Statement and in conformity with the Official Plan.

At a Case Management Conference, the Ontario Land Tribunal considered requests to have multiple appeals regarding the Neyagawa Urban Core Official Plan Amendments and a site-specific appeal by Argo Neyagawa Corporation heard together.

On consent of the parties, the Tribunal ordered the matters to be heard together and adjourned the previously scheduled hearing dates for the site-specific appeal.

The Tribunal also granted party status to 1816985 Ontario Inc. and Sherborne Lodge Development et al. in the site-specific appeal, as they have a direct interest.

A finalized Procedural Order and Issues List were approved to govern the proceedings.

The appellants appealed the Town's Official Plan Amendments 326 and 45, which establish policies for the Neyagawa Urban Core.

At the first Case Management Conference, the Tribunal considered a potential consolidation with a private site-specific appeal.

Although consolidation was initially contested, the parties subsequently reached an agreement to have the matters heard together.

The Tribunal scheduled a four-week merit hearing for February 2026 and a second Case Management Conference for September 2025 to finalize the procedural order and issues list.