Jason Reynar

The moving party sought substantial indemnity costs of $69,649.87 against the Township following a successful appeal regarding a Temporary Use By-Law.

The moving party alleged the Township and its planning witness exhibited unreasonable, frivolous, vexatious, and bad faith conduct.

The Tribunal dismissed the motion, finding that while the Township's planning staff had reversed their opinions and treated the moving party unfairly prior to the appeal, their conduct during the actual proceeding did not meet the high threshold required for a costs award under Rule 23.9.

The appellant appealed a Committee of Adjustment decision refusing a minor variance to reduce the rear yard setback and increase maximum lot coverage to legalize an existing deck.

The Tribunal evaluated the application against the four tests under s. 45(1) of the Planning Act.

While finding the variance met the intent of the Official Plan, was desirable, and was minor in nature, the Tribunal concluded it did not maintain the general intent and purpose of the Zoning By-law.

The Tribunal found the deck's size and encroachment undermined the custom zoning standards established for the subdivision.

The appeal was dismissed and the variances were not authorized.

The applicant appealed the non-decision (indefinite deferral) of the City of Guelph's Committee of Adjustment regarding an application for minor variances to reduce permanent and temporary parking requirements for a residential development.

The Tribunal first determined it had jurisdiction to hear the appeal, finding the indefinite deferral was tantamount to a refusal.

On the merits, the Tribunal authorized the variances, finding they met the four-part test under section 45(1) of the Planning Act.

The Tribunal accepted the applicant's expert evidence that the reduced parking rates were justified by site-specific studies, supported transit use, and avoided an oversupply of parking.

The variances were approved subject to conditions, including the provision of additional temporary spaces and transit passes.

The appellant appealed the Township's refusal to extend a temporary use by-law permitting the outdoor storage of rain barrels and composters on a portion of the subject property, as well as the enactment of an interim control by-law suspending further land use planning changes.

The Tribunal allowed the appeal regarding the temporary use by-law in part, extending the use for three years and removing a condition prohibiting additional barrels, finding that the use was temporary, did not create detrimental effects, and represented good planning during the ongoing policy review.

The Tribunal dismissed the appeal regarding the interim control by-law, finding it was lawfully enacted for a legitimate planning purpose to allow the Township to review its land use policies.