Geoffrey Brian Daley

The applicant appealed the City of Brantford's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a residential community with approximately 489 units.

The parties reached a settlement and requested the Tribunal approve the planning instruments via a written hearing.

Relying on the uncontested expert planning evidence, the Tribunal found the proposed development conforms to the Provincial Planning Statement and the City's Official Plan, and represents good planning.

The appeals were allowed in part, and the Zoning By-law Amendment and Draft Plan of Subdivision were approved subject to conditions.

The appellant appealed an Inspection Order issued by the fire department regarding excessive combustible materials and obstructed egress routes in her residential unit.

The Fire Safety Commission rescinded the original items regarding egress routes and pile stability, finding they were not properly justified as fire hazards under s. 21(1)(c) of the FPPA.

However, using its powers under s. 26(6), the Commission issued new orders under s. 21(1)(f) requiring 0.61 m egress paths and 1 m clearance from the ceiling for smoke alarm operation.

The Commission also amended the order requiring 1 m clearance from ignition sources to specify the stove and water heater, and adjusted the compliance timelines.

The appellant appealed the City's failure to make a decision on applications for a zoning by-law amendment and a draft plan of subdivision to permit a residential community.

Following a case management conference, the Ontario Land Tribunal issued a procedural order on consent of the parties to govern the conduct of the upcoming video hearing.

The appellant brought a motion for the production of a supplemental peer review report prepared by a consultant for the respondent municipality.

The municipality had refused to produce the report on a with-prejudice basis, arguing it was not necessary as they had not committed to calling the author as a witness.

The Tribunal granted the motion, finding the report was relevant and necessary to determine the issues for the upcoming phased hearing, and that its production was proportionate and would not cause undue prejudice to the municipality.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications within the statutory timeframe.

The Tribunal granted party status to an adjacent property owner on consent.

The Tribunal directed the applicant to provide a revised draft plan excluding city-owned lands, set deadlines for the procedural order and issues list, and scheduled a seven-day video hearing for October 2025.

The City of Brantford brought a motion to scope appeals of its new Comprehensive Zoning By-law (CZBL) and to bring the unappealed portions of the CZBL into full force and effect on a city-wide basis.

The appellant parties consented to scoping their appeals to their specific sites or areas.

Relying on uncontested planning evidence, the Tribunal found that granting the motion represented good planning as it would streamline the development process.

The Tribunal granted the motion pursuant to s. 34(31) of the Planning Act, bringing the CZBL into force save and except for the specific properties under appeal.

The appeal concerns who is liable for outstanding municipal taxes in a receiver's sale of assets with an approval and vesting order (AVO).

The motion judge found the purchaser liable because the taxes were not yet due at closing.

The Court of Appeal reversed, holding that under s. 307(3) of the Municipal Act, liability for the taxes arose on January 1 of the relevant taxation years, prior to closing.

Therefore, the liability remained with the vendor (the receiver) and was vested out of the purchased assets by the AVO.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 4, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to correct the spelling of counsel Diana Doracin's name in the appearances list.

In all other respects, the original decision and order remain unchanged.

The Tribunal held a first Case Management Conference regarding appeals by Losani Homes (1998) Ltd. against the City of Brantford's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit a residential development with a townhouse block.

On consent of the parties, the Tribunal approved a two-phase hearing process, with Phase 1 focusing on the threshold issue of whether a portion of the subject lands are appropriately designated Core Natural Area.

The Tribunal issued a Procedural Order for the Phase 1 hearing, scheduled for 10 days in November and December 2025.

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 parties requested on consent to amend the procedural order dates for a zoning by-law amendment appeal regarding a proposed 6-storey mixed-use building in Brantford.

The Tribunal granted the request and amended the dates for exchanging witness statements, challenging expert witnesses, and expert witness meetings.

The applicant appealed the Committee of Adjustment's decision regarding a condition of provisional consent for the severance of a residential lot.

The parties reached a settlement to modify the condition relating to the subdivision agreement.

Based on uncontroverted expert planning evidence, the Tribunal found the modified condition reasonable, consistent with the Provincial Policy Statement, and in conformity with the City's Official Plan.

The appeal was allowed and the condition was amended in accordance with the minutes of settlement.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by 1000403721 Ontario Corp. against the City of Brantford's refusal or neglect to make a decision on a zoning by-law amendment application.

The application seeks to permit the redevelopment of the site with a 6-storey mixed-use building.

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

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant due to the municipality's failure to make a decision on a Zoning By-law Amendment application within the statutory timeframe.

The application seeks to permit a six-storey mixed-use building.

The Tribunal scheduled a four-day hearing on the merits and directed the parties to submit a draft Procedural Order and Issues List.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development consisting of single detached units, townhouses, and apartments.

The parties reached a settlement resolving most issues, deferring consideration of one medium-density block, and addressing noise classification.

Based on uncontroverted expert planning evidence, the Tribunal found the applications consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The Tribunal allowed the appeals, approving the instruments in principle subject to conditions.

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 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 appellant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed mixed-use development.

Prior to the hearing, the parties reached a settlement based on a revised 18-storey proposal.

The Tribunal accepted uncontroverted expert planning and acoustic evidence that the revised ZBA is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the new City Official Plan, and adequately mitigates noise from the nearby railway.

The Tribunal dismissed the OPA appeal as moot and allowed the ZBA appeal in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Sifton Properties Limited against the City of Brantford's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal granted party and participant status to several entities and individuals, and scheduled a 12-day merit hearing to commence in July 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law amendments for a residential development.

The Tribunal granted participant status to a local group, approved the draft Procedural Order and Issues List, and directed the parties to contact the Case Coordinator for a mediation assessment.