Ira Kagan

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellants against the respondent municipality's new Parkland Dedication By-law.

The Tribunal approved the draft Procedural Order submitted by the parties and scheduled a 10-day Merit Hearing to commence by video on July 6, 2026.

The applicants appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit two industrial buildings.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised planning instruments consistent with the Provincial Planning Statement and in conformity with the Urban Hamilton Official Plan.

The Tribunal allowed the appeals in part and approved the amended planning instruments.

The Ontario Land Tribunal issued a corrective order under Rule 24.4 of its Rules of Practice and Procedure to amend a previous Memorandum of Oral Decision and Order issued on October 17, 2025.

The correction fixed a typographical error in the spelling of counsel's name for Home Depot of Canada Inc. from Noah Jorden to Noah Gordon.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Friday Harbour Resort Holdings Inc. against the Town of Innisfil's failure to make a decision on applications for official plan and zoning by-law amendments.

The Tribunal granted party status to the County of Simcoe and eleven individuals forming the Friday Harbour Focus Group, and participant status to nine individuals.

A second Case Management Conference and a 15-day Merit Hearing were scheduled.

This was a Case Management Conference regarding appeals of the City of Brampton's Official Plan Amendment for Major Transit Station Areas and the new City Official Plan.

The Tribunal granted party status to 201 County Court Brampton Holdings Inc. on consent.

The parties reported progress in mediation and proposed a written settlement motion once a draft order is finalized.

A subsequent Case Management Conference was scheduled for March 2026 to address outstanding matters and potential consolidation of the appeals.

The Tribunal held a Case Management Conference regarding appeals against the City of Brantford's new Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal scheduled future hearing dates and approved a procedural order.

Additionally, the Tribunal heard and approved a settlement between BSC Landco Inc. and the City regarding the property at 555 Greenwich Street.

Based on uncontested planning evidence, the Tribunal allowed the appeal in part to rezone a portion of the property from 'Core Natural' to a 'Holding - General Employment' zone, finding it consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The appellant brought a motion for disclosure of the City's hydraulic water and wastewater models, as well as data related to airport noise contours, in the context of an appeal concerning an urban boundary expansion.

The City consented to releasing the water model but opposed releasing the wastewater model and the airport data, arguing the wastewater model was inaccurate and the airport data was not in its possession.

The Tribunal ordered the disclosure of both models, finding them relevant and necessary since the City intended to rely on them to some extent.

The Tribunal also ordered the City to disclose the airport data if and when it becomes available to the City, failing which neither party may rely on it at the merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Starbank Developments 1416 Corp. against the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 43-storey mixed-use building.

The Tribunal granted participant status to 18 individuals and entities on consent.

The Tribunal also set deadlines for the exchange of the Issues List and Draft Procedural Order, and scheduled a second Case Management Conference.

The appellant appealed the Township's failure to make a decision regarding a Site Plan Application for an 11-unit townhouse development.

During the hearing, the parties reached a settlement resolving all outstanding issues.

The Tribunal denied late requests for party and participant status from area residents to avoid prejudice to the proceedings.

Based on the uncontroverted expert evidence and the settlement, the Tribunal found the proposal consistent with the Provincial Planning Statement and in conformity with the applicable Official Plans.

The appeal was allowed in part, and the revised Site Plan was approved subject to agreed-upon conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Brantford's Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal granted requests from several parties to withdraw their appeals.

Additionally, the Tribunal granted a request by Losani Homes to consolidate its site-specific appeals of the Comprehensive Zoning By-law with its appeals of privately-initiated applications for the same properties, finding it would be an effective and efficient use of resources.

Further Case Management Conference dates were scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Legion Heights Hespeler Inc. against the City of Cambridge's failure to make decisions on requested official plan and zoning by-law amendments for a mixed-use development.

The parties reported that mediation was unsuccessful.

The Tribunal scheduled a third Case Management Conference for November 25, 2025, to receive updates and set hearing dates.

The moving parties brought a motion for leave to appeal a decision of the Ontario Land Tribunal and a related costs decision.

The Divisional Court dismissed the motion for leave to appeal.

Costs of $5,000 were awarded to the City of Vaughan and $5,000 to the other responding parties.

The Ontario Land Tribunal issued a procedural order on consent to govern the upcoming three-day hearing regarding a site plan appeal for an 11-unit townhouse development in the Township of Essa.

The order sets out the issues list, order of evidence, and timetable for the exchange of witness statements and other materials leading up to the hearing scheduled for August 18, 2025.

The Tribunal convened a Case Management Conference regarding appeals by Sifton Properties Limited against the City of Brantford for failing to make decisions on planning applications within the prescribed timeframes.

The parties had previously settled most issues, leaving only the zoning designation for the Northeast Medium Density Block in dispute.

The parties agreed to enter into Tribunal-led mediation for the remaining issue.

The Tribunal scheduled a further Case Management Conference for December 5, 2025, to update the Tribunal on the mediation's status or to proceed as a settlement hearing if an agreement is reached.

The appellant appealed under s. 41(12) of the Planning Act due to the Township's failure to make a decision on a site plan application for an 11-unit townhouse development.

At a Case Management Conference, the Tribunal scheduled a three-day hearing on the merits for August 2025 and a further Case Management Conference for June 2025 to finalize the Procedural Order and Issues List.

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 Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for a proposed residential development in the Township of Centre Wellington.

The Tribunal granted party status to the Upper Grand District School Board, which operates an adjacent elementary school.

The Tribunal also approved a draft Procedural Order and Issues List on consent, and scheduled a second Case Management Conference and a 10-day merit hearing.

The Tribunal held a second Case Management Conference regarding appeals by the Upper West Side Landowners Group Inc. against the City of Hamilton for failing to make a decision on an Official Plan Amendment application for an urban boundary expansion.

The parties submitted a draft Procedural Order and Issues List and requested an eight-week hearing.

The Tribunal scheduled the hearing to commence in April 2026 and issued the finalized Procedural Order and Issues List to govern the proceedings.

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 City of Markham passed a by-law designating a property containing a one-storey brick dwelling as a heritage property under the Ontario Heritage Act.

The property owner appealed the designation to the Ontario Land Tribunal.

The Tribunal evaluated the property against the prescribed criteria and found that while it met the criterion for design or physical value as a modest Ontario Cottage style tradesman's dwelling, it did not meet the criteria for historical or contextual value.

Because a property must meet a minimum of two criteria to be eligible for designation, the Tribunal allowed the appeal and ordered the by-law repealed.