Wendy Shearer

The Appellants appealed the Town of Caledon's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit an 8-storey residential condominium on a site within the Humber River Valley Corridor and the Bolton Heritage Conservation District.

The Town and TRCA brought a motion to strike portions of the Appellants' reply witness statements, which the Tribunal dismissed, noting the difference between pre-hearing disclosure and trial evidence.

On the merits, the Tribunal found that while the site is suitable for intensification and does not pose an unacceptable erosion hazard, the proposed development's scale, height, and massing fail to conserve the significant cultural heritage landscape.

The Tribunal declined to approve the proposed development but did not dismiss the appeal, allowing the Appellants to submit a revised, smaller-scale proposal.

The respondent Ministers brought a motion to strike three affidavits filed by the applicants in a judicial review application concerning a Renewable Energy Approval for a wind turbine facility.

The court struck the expert affidavit of Wendy Shearer, applying the general rule that evidence not before the original decision-maker is inadmissible on judicial review.

The court declined to strike the two affidavits sworn by the applicants themselves, finding they were not tendered as expert evidence but rather set out the factual basis for their arguments.

The motion was granted in part.

The City of Mississauga issued a Notice of Intention to Designate the entirety of a 2.15-acre property, which included a previously designated 19th-century dwelling and newly included natural features such as a watercourse and treed valley lands.

The property owners objected, arguing that the natural features lacked cultural heritage value.

The Conservation Review Board held a hearing and concluded that the property no longer retained sufficient farm-related features to be considered a representative example of a 19th-century farmstead.

The Board recommended that the City not proceed with designating the entire property and instead maintain the existing designation protecting the historic dwelling.