Eric Davis

This was the first Case Management Conference regarding multiple appeals against the City of Brantford's new Comprehensive Zoning By-law No. 124-2024 and Official Plan Amendment 11.

The Tribunal granted party status to several entities on consent.

The parties agreed to schedule a Motion Hearing to further scope the issues, which may lead to the resolution or withdrawal of some appeals.

The Tribunal scheduled the Motion Hearing for March 4, 2025, and a second Case Management Conference for April 30, 2025.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by the applicant against the Town of Kingsville and the County of Essex regarding a proposed settlement area boundary adjustment through a land swap.

The hearing is scheduled to commence on April 8, 2025, for three days.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the County of Perth's refusal to amend the Official Plan to permit a 19-unit townhouse development.

The County withdrew its objection and the parties reached a settlement.

The Tribunal granted participant status to two sets of neighbours and scheduled a settlement hearing for March 12, 2025, declining to hear settlement evidence immediately to allow participants to be heard and to coordinate with a related zoning by-law amendment appeal.

The Ontario Land Tribunal issued a procedural order on consent following prehearing conferences regarding appeals of Zoning By-law Amendment 2002-54 by the Municipality of Northern Bruce Peninsula.

The appeals concern the definition and zoning of commercial tour boat operations.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence for a 10-day video hearing scheduled to begin in January 2025.

The moving parties requested directions from the Tribunal.

The Tribunal issued an amending decision to correct technical and typographical errors in its previous decision dated July 30, 2024, pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

The amendments corrected the title of proceedings, updated the appearances list to include co-counsel, and removed a paragraph reminding the parties of a status update deadline.

The appellant appealed the Township's passing of a zoning by-law that permitted a maximum of eight townhouse units, seeking to permit twelve stacked townhouse units.

Prior to the hearing, the parties reached a settlement to amend the zoning by-law to permit a maximum of ten stacked townhouse units.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with applicable official plans.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings for an appeal concerning a zoning by-law amendment application.

The application seeks to permit the development of a 4-storey apartment building with 47 residential units in the City of Brantford.

The hearing is scheduled to commence on March 4, 2025, for four days.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Brian Lewis against the Town of Kingsville's refusal of applications for an Official Plan Amendment and Zoning By-Law Amendment.

The applications sought to allow a Settlement Area Boundary Adjustment via a land swap.

The Tribunal granted participant status to several area residents.

A request for party status by an area resident was converted to a participant status request and granted.

The Tribunal approved the Procedural Order and Issues List and scheduled a three-day video hearing for March 2025.

The appellant appealed the Township's failure to make a decision on applications for Site Plan Approval and the removal of a Holding Provision to permit the construction of a large-scale outdoor storage facility for biosolid fertilizer pellets.

The Township opposed the applications, citing concerns regarding stormwater run-off, fire hazards, odour, and dust.

The Tribunal allowed the appeals in part, finding that the appellant's engineered design and extensive modelling adequately addressed the Township's speculative concerns.

The Tribunal approved the site plan subject to the parties entering into a site plan agreement, after which the holding provision would be lifted.

The appellant appealed the City of Stratford Committee of Adjustment's decision to deny a minor variance application seeking to increase the maximum permitted height for a new detached dwelling from 10.0 metres to 11.39 metres.

The variance was requested to accommodate an elevator shaft hidden within the roofline.

The Ontario Land Tribunal found, based on uncontroverted expert planning evidence supported by the City, that the requested variance met the four tests under section 45(1) of the Planning Act.

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

A first Case Management Conference was held regarding appeals against the refusal of Official Plan and Zoning By-law Amendment applications for a 39-unit stacked townhouse development.

The Tribunal granted party status to the Regional Municipality of Waterloo and participant status to a local resident.

The Tribunal scheduled a second Case Management Conference and a three-day merit hearing, and approved the Procedural Order and Issues List.

The Municipality of Northern Bruce Peninsula and Bruce Anchor Cruises brought motions to dismiss an appeal by The Big Tub Harbour Citizens Committee against a Zoning By-law Amendment that permitted commercial tour boat operations in a commercial zone.

The moving parties argued the notice of appeal failed to adequately explain how the by-law was inconsistent with provincial policies or official plans under s. 34(19.0.1) of the Planning Act.

The Tribunal dismissed the motions, finding the notice of appeal and accompanying materials raised authentic land use planning issues worthy of adjudication, including traffic, parking, and land use compatibility.

A motion to alter the issues list was also denied.

This decision arises from a Case Management Conference regarding multiple appeals of Official Plan Amendment No. 59 adopted by the County of Middlesex.

The Tribunal approved a draft Procedural Order submitted on consent by the parties.

The Tribunal scheduled a 14-day hearing for phase one issues and a 5-day hearing for phase two issues, and directed the parties to participate in Tribunal-led mediation.

A first Case Management Conference was held regarding appeals for the failure of the City of Kitchener to make a decision on Official Plan and Zoning By-Law Amendment applications for a 13-storey apartment building.

The Tribunal granted party status to the Regional Municipality of Waterloo and participant status to two neighbours.

A Procedural Order and Issues List were approved, and a four-day merit hearing was scheduled for January 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Municipality of Middlesex Centre's Official Plan Amendment #59.

The Tribunal granted party status to Comgord Limited on consent.

The parties requested more time to finalize the draft Procedural Order and Issues List.

The Tribunal declined to schedule the merit hearing until the procedural documents are approved and scheduled a third Case Management Conference for June 6, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicants against the City of Brantford's refusal of a Zoning By-law Amendment to permit a four-storey apartment building.

The Tribunal approved the finalized Procedural Order and Issues List and scheduled a four-day merit hearing to commence on November 19, 2024.

The Ontario Land Tribunal issued an order regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

Following a motion hearing, the Tribunal ordered that the Zoning By-law is deemed to come into full force and effect as of April 18, 2023, save and except for specific regulations, maps, and appendices remaining under appeal on a City-wide basis, and the entirety of the by-law as it applies to specific properties remaining under site-specific appeals.

The order also scoped the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to specific geographical areas.

This was a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law, related Official Plan updates, and residential parking requirements.

On consent of the parties, the Tribunal consolidated the Parking By-law Appeal with the Comprehensive Zoning By-law and Official Plan Amendment appeals.

The Tribunal also scheduled a settlement hearing for April 23, 2024, to address settlements reached with several appellants, and a third Case Management Conference for June 25, 2024.

This decision arises from the first Case Management Conference regarding multiple appeals of the Municipality of Middlesex Centre's Official Plan Amendment 59.

The Tribunal granted party status to several non-appellant property owners who demonstrated genuine land use planning concerns.

The parties were directed to prepare a draft Procedural Order and Issues List in advance of the second Case Management Conference, which was scheduled for May 8, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Bradley & Company Inc. against the Township of Wellesley's decision on a Zoning By-Law Amendment application.

The amendment seeks to permit a 12-unit stacked townhouse development.

The Tribunal clarified that the appeal falls under s. 34(19) of the Planning Act, approved the draft Procedural Order, and scheduled a three-day merit hearing to commence on October 2, 2024.