James J. Feehely

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for the failure of the municipality to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications propose 336 units of affordable housing.

The Tribunal reviewed the history of the appeals, noted the withdrawal of the Ministry of Municipal Affairs and Housing as a party, and scheduled a further Case Management Conference for July 21, 2026, directing the parties to provide a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 6324223 Canada Inc. for the Town of New Tecumseth's failure to make a decision on Zoning By-law Amendment and Site Plan Approval applications for a mixed-use development.

The Tribunal granted Party status to Honda Canada Inc. and Honda of Canada Mfg. as adjacent landowners.

The Tribunal declined to consolidate the appeals with a related site-specific appeal of the Town's Comprehensive Zoning By-law, but ordered that they be heard together.

A second Case Management Conference was scheduled.

The applicant appealed the municipality's failure to approve a site plan application for two new commercial buildings with drive-through facilities within the statutory timeframe.

Following revisions to address technical issues regarding traffic, servicing, and sidewalk ownership, the parties reached a settlement.

The Tribunal accepted uncontested expert planning evidence that the revised proposal represents appropriate commercial infill development, makes efficient use of existing infrastructure, and is consistent with provincial and local planning policies.

The Tribunal approved the site plan drawings subject to the parties finalizing a site plan agreement.

The Ontario Land Tribunal held a sixth Case Management Conference regarding an appeal by Worldwide Properties (Alliston) Inc. concerning the Town of New Tecumseth's failure to approve site plans within the statutory timeframe.

The parties submitted an updated Procedural Order and Issues List, which the Tribunal approved to govern the proceedings leading up to the scheduled hearing.

A Case Management Conference was held regarding appeals of the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 336-unit affordable housing development.

The parties requested an adjournment as the South Simcoe Growth Initiative is currently underway and its outcome could impact the appeals.

The Tribunal granted the adjournment and scheduled a subsequent Case Management Conference for April 9, 2026.

The Ontario Land Tribunal held a fifth Case Management Conference regarding an appeal by the applicant against the respondent municipality's failure to approve a site plan for a commercial development within the statutory timeframe.

The parties reported ongoing expert consultations and requested further scheduling.

The Tribunal scheduled a sixth Case Management Conference for March 6, 2026, and a four-day hearing on the merits commencing May 12, 2026.

The applicant sought relief in an appeal before the Court of Appeal for Ontario.

The court reviewed the record and applied the governing legal and procedural standards, including deference to factual and discretionary determinations where required.

The matter concluded with the following disposition: Motion dismissed.

The moving parties sought to set aside a Registrar's order dismissing their appeal for delay.

The underlying appeal concerned a permanent injunction requiring them to clean up their property in compliance with a municipal property standards by-law.

The Court of Appeal dismissed the motion, finding that the delay was inadequately explained, the proposed appeal was frivolous and without merit, and the ongoing delay prejudiced the municipality and the public interest.

A fourth Case Management Conference was held regarding an appeal by the applicant against the respondent's failure to approve site plans for a commercial development within the statutory timeframe.

The Tribunal removed the applicant's former counsel from the record on consent.

The Tribunal issued procedural directions, including deadlines for the respondent to comment on technical studies and for the parties to submit a draft Issues List, and scheduled a fifth Case Management Conference.

The Ontario Land Tribunal held a third Case Management Conference regarding an appeal by the applicant concerning the municipality's failure to approve site plans for a proposed commercial development within the statutory timeframe.

The Tribunal found it premature to schedule a hearing on the merits as expert reports were still being exchanged and a parking issue remained under discussion.

The matter was adjourned to a fourth Case Management Conference to identify remaining issues or consider a settlement.

The appellant appealed the Town's refusal of a zoning by-law amendment application to permit the development of single detached dwellings on a vacant block within an existing subdivision.

During the hearing, the parties reached a settlement and presented a revised draft zoning by-law amendment that included a holding provision regarding water and sewer availability.

The Tribunal found that the proposed amendment was consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and represented good planning by facilitating gentle intensification within a settlement area.

The appeal was allowed in part to implement the revised zoning by-law amendment.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by Worldwide Properties (Alliston) Inc. concerning the Town of New Tecumseth's failure to approve site plans for a proposed commercial development within the statutory timeframe.

The parties requested an adjournment to allow the appellant to submit outstanding functional servicing, stormwater management, and erosion control documents, and for the Town to review them.

The Tribunal directed the appellant to use reasonable best efforts to submit the documents by June 20, 2025, and scheduled a third Case Management Conference for September 17, 2025.

The appellant appealed the Town's failure to approve site plans for a proposed commercial development within the statutory timeframe.

At the first Case Management Conference, the parties requested an adjournment because the appellant had recently submitted required reports that the Town needed time to review.

The Tribunal granted the request and scheduled a second Case Management Conference to either identify remaining issues for a hearing or convert to a settlement hearing.

A Case Management Conference was held to schedule a Merit Hearing for an appeal against the Town of New Tecumseth's Comprehensive Zoning By-law No. 2021-128.

The parties reported ongoing mediation discussions and requested a one-day hearing in February 2025 to allow time for a potential settlement.

The Tribunal scheduled the Merit Hearing to proceed by video on February 13, 2025.

The applicants appealed the Township's refusal of a site-specific Zoning By-law Amendment to permit an oversized accessory storage building for a landscaping home industry.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the proposal conforms to provincial and municipal planning policies.

The Tribunal allowed the appeal in part and approved a revised Zoning By-law Amendment, noting that the original draft improperly attempted to regulate the user rather than the use of the land by specifying who could be employed.

The applicant appealed the Township's refusal of Official Plan and Zoning By-law amendments to permit a farm-related industrial facility for agricultural parts manufacturing and repair.

Prior to the hearing, the parties reached a settlement relocating the development envelope outside conservation-regulated lands.

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

The appeals were allowed and the amendments authorized.

The Tribunal held a Case Management Conference regarding appeals against the Town of New Tecumseth's town-wide comprehensive Zoning By-law Amendment.

The appellants reported constructive ongoing discussions and requested that the appeals be divided and dealt with as individual site-specific matters.

The Tribunal granted the request and scheduled a video hearing to address the site-specific appeals.

The appellant, Oro-Medonte Property Owners’ Association, appealed a summary judgment dismissing its action to quash a by-law imposing water system fees and to declare the water system municipal.

The by-law was passed by the respondent, The Corporation of the Township of Oro-Medonte, to fund upgrades to the Zone 1 water system.

The Court of Appeal upheld the motion judge's finding that the Zone 1 system was not assumed by the municipality and that the by-law was within the municipality's statutory authority under the Municipal Act, 2001.

The appeal was dismissed.

The Tribunal held a first Case Management Conference regarding appeals from the Township's refusal of Official Plan and Zoning By-law Amendments to permit a farm-related industrial facility.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties on consent and scheduled a three-day video hearing on the merits.

The appellant appealed the Township's refusal of a Zoning By-law Amendment to permit an accessory dwelling unit on a property in the Hamlet of Colgan.

The parties reached a settlement prior to the hearing.

Based on the uncontroverted planning evidence that the amendment is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable Official Plans, and represents good planning, the Tribunal allowed the appeal in part and approved the Zoning By-law Amendment.