Final Order issued approving zoning amendment and subdivision plan; unresolved easements did not preclude concurrent approval.
The appellant sought a Final Order from the Ontario Land Tribunal to approve a Zoning By-law Amendment (ZBA) and Draft Plan of Subdivision (DPS) for a residential redevelopment, following an earlier Interim Order that approved them in principle.
The respondent municipality and a greenspace coalition opposed the final approval of the ZBA, arguing that unresolved issues regarding City-owned easements and overland flow routes made it premature.
The Tribunal found that it had the jurisdiction to issue a Final Order without the consent of all parties.
It held that the only prerequisites set out in the Interim Order were the receipt of the draft ZBA, DPS, and consolidated conditions, which had been satisfied.
The Tribunal concluded that easements and overland flows were not prerequisites for the Final Order and that it is common practice to approve a ZBA and DPS concurrently.
The Tribunal issued the Final Order approving both instruments.
OLTOntario Land TribunalJan 27, 2026
