Jacob A. Polowin

At a Case Management Conference for appeals regarding a proposed below-water mineral aggregate extraction operation, the Ontario Land Tribunal consolidated three related appeals.

The Tribunal granted party status to the Shabot Obaadjiwan First Nation, recognizing the Crown's duty to consult on matters affecting Aboriginal or treaty rights, and to the Friends of Lanark Highlands as neighbouring landowners.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The Tribunal held a first Case Management Conference regarding an appeal by the appellant against the respondent's adoption of an Official Plan Amendment to permit recreational vehicles on Lake Clear.

The Tribunal granted party status to the respondent and participant status to a local property owner.

A four-day merit hearing was scheduled for November 2026, and the Tribunal approved the Draft Procedural Order and Issues List submitted by the parties.

The Appellants appealed the City of Clarence-Rockland's Development Charge By-law No. 2025-93.

At the first Case Management Conference, Clarence Crossing Regional Inc. requested and was granted Party status on consent of the City and without opposition from the Appellants.

The Tribunal set a timeline for the parties to finalize an Issues List and draft Procedural Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Stillwater Station Ltd. for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use community in Ottawa.

The Tribunal granted party status to Canadian National Railway Company on consent.

A 12-day merit hearing was scheduled to commence in April 2026, and the parties were directed to submit a final Procedural Order and Issues List.

A Case Management Conference was held regarding appeals of the City of Ottawa's proposed Official Plan Amendment No. 2023-48 (Orleans Corridor Secondary Plan).

The Tribunal approved the draft Procedural Order and Issues List on consent of the parties.

A seven-day merit hearing was scheduled to commence by video on June 22, 2026, to allow time for ongoing settlement discussions.

The Ontario Land Tribunal scheduled a further Case Management Conference for December 8, 2025, regarding appeals of the City of Ottawa's Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).

The parties advised that settlement discussions are nearing completion and requested one more conference.

The Ontario Land Tribunal held a Case Management Conference and issued a Procedural Order governing the procedures leading up to a hearing for the determination of compensation under the Expropriations Act and the Ontario Water Resources Act.

On consent of the parties, the Tribunal issued an Amended Procedural Order to revise the procedural timelines.

The Tribunal held a Case Management Conference regarding an appeal of a City of Ottawa by-law designating a property as having cultural heritage value.

The parties disputed the inclusion of certain issues in the Issues List for the upcoming hearing.

The Tribunal determined that the appellant's proposed issues relating to future development and official plan conformity were outside the scope of the Ontario Heritage Act and excluded them from the Issues List.

A Procedural Order was approved and a two-day video hearing was scheduled.

The appellant appealed the Committee of Adjustment's refusal to grant consents and minor variances to sever a residential property into two lots for the development of two 8-unit low-rise apartment buildings.

The Tribunal heard uncontested expert planning evidence that the proposal represents appropriate intensification, introduces missing middle housing, and meets the criteria for consent and the four tests for minor variances.

The Tribunal allowed the appeals, granting provisional consent and authorizing the variances.

The Ontario Land Tribunal issued a procedural order on consent to govern the upcoming hearing for a determination of compensation under the Expropriations Act and the Ontario Water Resources Act.

The hearing is scheduled for five days commencing May 4, 2026.

The order sets out the schedule for pleadings, discovery, mediation, and the exchange of expert reports.

The claimants seek compensation for injurious affection arising from the township's alleged failure to properly construct, maintain, and operate a drainage system.

A case management conference was held to review and approve a revised procedural order and set new hearing dates.

The Tribunal directed the claimants to submit a finalized procedural order and scheduled a five-day video hearing for May 2026, noting the parties' interest in potential mediation.

Theia Partners Inc. and the City of Ottawa brought a joint motion to dismiss appeals filed by prospective appellants regarding an Official Plan Amendment and Zoning By-law Amendment.

The moving parties argued that the prospective appellants lacked standing under the Planning Act, as amended by Bill 185 (Cutting Red Tape to Build More Homes Act, 2024), which restricted third-party appeal rights.

The Tribunal found that the prospective appellants were not 'specified persons' and did not own land to which the amendments applied.

Consequently, the Tribunal dismissed the appeals for lack of standing.

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 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 issued a Procedural Order to govern the proceedings leading up to a 9-day hearing scheduled to commence on January 13, 2025.

The hearing concerns appeals by 9287043 Canada Corporation regarding the City of Ottawa's failure to make a decision on a zoning by-law amendment and conditions of draft plan approval for a 72-lot residential subdivision.

The applicant appealed the Township of Horton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-Law Amendment to permit a Class A gravel pit.

At the first Case Management Conference, the parties advised they had reached a settlement.

The Tribunal scheduled a written hearing event to consider the settlement.

The appellant appealed the City of Ottawa's failure to make a decision on applications for a Zoning By-law Amendment and a Draft Plan of Subdivision to facilitate a residential subdivision.

The parties reached a comprehensive settlement proposing approximately 440 residential units, a park block, and protection of a creek corridor.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the City's Official Plan.

The appeals were allowed in part, and the planning instruments were approved.

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.

The plaintiffs, representing Ottawa taxi plate holders and brokers, brought a class action against the City of Ottawa for its response to Uber's entry into the local market in 2014.

The court found that the City owed a duty of care to the taxi industry based on a long-standing, collaborative relationship and was negligent in failing to enforce its 2012 taxi by-law against Uber.

However, the court dismissed the plaintiffs' claims that the City's actions violated section 15 of the Charter or the Human Rights Code, finding no disproportionate discriminatory impact based on race or immigrant status.

The court also dismissed the claim that the City's taxi licensing fees constituted an unlawful tax, finding a reasonable nexus between the fees and the cost of services provided.

At a second Case Management Conference concerning appeals of the City of Ottawa's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications, Tamarack (Cardinal Creek) Corporation sought party status.

The parties consented to Tamarack's request, limited to the issue of the appellant satisfying its obligations under a cost-sharing agreement.

The Tribunal granted Tamarack party status on this scoped issue and approved a revised Procedural Order and Issues List.