Garett Schromm

The applicant sought judicial review of decisions by the Committee of Adjustment granting his neighbour's applications for consent to sever and minor variances.

The applicant, an adjacent property owner, argued he was denied procedural fairness and that the Committee's reasons were inadequate.

The Divisional Court dismissed the application, finding that the applicant lacked both private and public interest standing to bring the judicial review, as third parties have no statutory right of appeal under the Planning Act.

Furthermore, the court held that the applicant was afforded the requisite low level of procedural fairness and that the Committee's reasons were adequate.

The Ontario Land Tribunal held a sixth Case Management Conference regarding an appeal by the appellant against the municipality's approval of revised conditions for a draft plan of subdivision.

The parties reported that they were close to finalizing a settlement but required more time.

The Tribunal scheduled a subsequent Case Management Conference and directed the parties to submit a revised Procedural Order if the settlement did not proceed.

The appellant appealed the City of Ottawa's adoption of Official Plan Amendment No. 3 (OPA 3), which added the Orleans Corridor Secondary Plan.

The appellant argued that the Secondary Plan inappropriately restricted their property to non-residential uses and a four-storey height limit due to a lack of committed funding for a nearby planned transit station.

The Tribunal allowed the appeal, finding that the City's 'wait and see' approach to zoning based on infrastructure funding contradicted the Planning Act and failed to recognize provincial policy directions for growth and housing.

The Tribunal ordered modifications to OPA 3 to include the subject property in the Station Area, permit 40-storey heights and mixed-use residential development, and remove the requirement for a Demonstration Plan.

The Ontario Land Tribunal held a fifth Case Management Conference regarding an appeal by the appellant against the City's approval of revised conditions for a draft plan of subdivision.

The parties advised they were in the final stages of executing a settlement and requested a subsequent CMC be scheduled in case the settlement did not proceed.

The Tribunal granted the request and scheduled a further CMC, directing the parties to submit a revised Procedural Order if the settlement fails.

The appellant appealed a municipal by-law designating his property under the Ontario Heritage Act.

The municipality brought a motion to dismiss the appeal without a hearing under subsection 29(16) of the Act.

The Tribunal found that the appellant failed to set out any apparent ground for the appeal, instead arguing only that the designation unfairly reduced his property's value and development potential.

The motion was granted and the appeal was dismissed.

The Tribunal held a Case Management Conference regarding multiple appeals against the City of Ottawa's adoption of Official Plan Amendment No. 3.

The parties advised that they are engaged in ongoing settlement discussions and requested a further CMC to provide an update.

The Tribunal scheduled a further video CMC for May 27, 2025, and directed the parties to provide a draft Procedural Order and Issues List if a settlement is not reached.

The Tribunal issued a procedural order to govern an upcoming 5-day video hearing regarding an appeal by VIA Rail Canada Inc. The appeal concerns the conditions of approval for a draft plan of subdivision in the City of Ottawa, specifically focusing on noise and vibration mitigation measures for development adjacent to a railway station.

The order establishes the procedural timeline, the list of parties and participants, the issues list, and the order of evidence.

The Tribunal held a Case Management Conference regarding an appeal of the City of Ottawa's decision to designate a property under the Ontario Heritage Act.

The appellant did not attend.

The City indicated it would bring a motion to determine the grounds of the appeal, arguing the appeal form lacked reasons.

The Tribunal scheduled a half-day motion hearing for March 7, 2025, and set out the procedural requirements for the motion.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Ottawa's Official Plan Amendment No. 2023-48 (Orleans Corridor Secondary Plan).

The Tribunal received updates on settlement discussions and withdrawals, scheduled a three-day merit hearing for the Guibord appeal commencing February 10, 2025, and scheduled a further Case Management Conference for the Brigil and Youville appeals for February 18, 2025.

The Ontario Land Tribunal held a case management conference regarding an appeal by Via Rail Canada Inc. concerning proposed changes to conditions of approval for a draft plan of subdivision in the City of Ottawa.

The Tribunal received no further requests for party or participant status, considered the parties' updated Procedural Order submitted on consent, and scheduled a new five-day hearing commencing April 28, 2025, to allow additional time to review reports.

The Tribunal held a third Case Management Conference regarding an appeal by VIA Rail Canada Inc. against the City of Ottawa's revised conditions for a draft plan of subdivision adjacent to a VIA Rail station.

The parties requested additional time to scope the remaining issues, particularly concerning noise and vibration data.

The Tribunal scheduled a fourth Case Management Conference to finalize the procedural order and issues list, and set a five-day Merit Hearing.

The Tribunal held a second Case Management Conference regarding an appeal by the appellant against the municipality's revised conditions for a draft plan of subdivision.

The parties requested additional time to continue settlement discussions.

The Tribunal scheduled a third Case Management Conference and directed the parties to file a draft Procedural Order and Issues List.

The appellants appealed a Committee of Adjustment decision refusing a minor variance to permit a front-facing attached garage for a new multi-generational home.

The City attended the hearing as an observer and took no position.

The Tribunal found that the proposed variance met the four-part test under section 45(1) of the Planning Act, noting that it maintained the intent of the Official Plan and Zoning By-law, was minor in nature, and was desirable for the appropriate development of the land.

The appeal was allowed and the variance was authorized.

The Tribunal held a settlement hearing regarding an appeal by Loblaw Companies Limited against the City of Ottawa's adoption of the Orléans Corridor Secondary Plan.

Based on uncontested expert land use planning evidence, the Tribunal approved the proposed settlement amendments, finding they have regard for provincial interests, are consistent with the Provincial Policy Statement, and conform to the City's Official Plan.

The amendments provide clearer, less prescriptive policy direction while maintaining the vision of the secondary plan.

The appellant appealed the City of Ottawa's approval of Official Plan and Zoning By-law Amendment Applications for a 25-storey residential building.

During the hearing, following the cross-examination of his first expert witness, the appellant withdrew his appeals.

The Tribunal ordered the appeals withdrawn and notified the clerk of the municipality that the decisions of Council are final and binding pursuant to sections 17(30) and 34(23.1) of the Planning Act.

The Tribunal held a fourth Case Management Conference regarding multiple appeals against the City of Ottawa's adoption of Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).

The Tribunal scheduled a three-day merit hearing for one appeal, a one-day settlement hearing for another, and a further Case Management Conference for the remaining appeals to allow ongoing settlement discussions to continue.

One appeal was held in abeyance pending a status update.

At a Case Management Conference regarding appeals of the City of Ottawa's Official Plan Amendment No. 3, the Tribunal heard a motion to substitute Denise Ménard as a party in place of 3930149 Canada Inc., whose conditional agreement of purchase and sale with Ménard had been cancelled.

With no objections, the Tribunal granted the motion.

The Tribunal also granted participant status to 21 individuals representing the public's interest in the overall effect of the OPA.

A further Case Management Conference was scheduled for June 2024.

Windmill Developments Ltd. brought a motion to dismiss appeals by two individuals against the City of Ottawa's approval of an official plan amendment and zoning by-law amendment for a high-rise residential development.

The appellants argued the development did not comply with a policy regarding distance to a transit station and relied on outdated traffic data.

The Tribunal found that the appellants failed to provide expert evidence and that their grounds of appeal did not disclose legitimate planning grounds with a reasonable prospect of success.

The motion was granted and the appeals were dismissed.

The Tribunal held a second Case Management Conference regarding appeals against the City of Ottawa's adoption of Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).

The Tribunal deferred consideration of 21 Participant Status Requests to the next CMC because not all requests had been properly served on the parties.

A further CMC was scheduled for February 2024 to update the Tribunal on settlement discussions and consider the participant requests.

The City of Ottawa appealed a Committee of Adjustment decision granting provisional consents to create seven new residential lots.

The City sought to add a condition requiring a Noise and Vibration Attenuation Study due to a nearby rail corridor.

Prior to the hearing, the parties reached a settlement agreeing to the addition of the condition.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeal in part and approved the provisional consents subject to the revised conditions.