Jennifer Meader

The City of Burlington brought a motion during a Case Management Conference to release the freeze on certain lands under an Interim Control By-law (ICBL).

The ICBL remained in effect due to appeals of a Zoning By-law Amendment (ZBA) that applied only to a specific area near the Burlington GO Station.

The Tribunal found, based on uncontested planning evidence, that the ZBA did not apply to the lands outside its specific area.

Consequently, pursuant to s. 38(6.1) of the Planning Act, the Tribunal's finding invoked the release of the ICBL for all remaining lands outside the ZBA area, allowing prior zoning to resume effect.

A Case Management Conference was held regarding an appeal of Official Plan Amendment No. 26, which redesignates employment lands for alternative uses in St. Catharines.

The Tribunal granted party status on consent to several applicants.

As mediation was deemed unlikely to resolve the issues by most parties, the Tribunal scheduled a second Case Management Conference and a 15-day hearing.

The Ontario Land Tribunal held a first Case Management Conference concerning an appeal by the applicant against the municipality's refusal or neglect to make a decision on a zoning by-law amendment application.

The amendment sought to permit an 8-storey apartment building, townhouses, and a semi-detached dwelling.

The Tribunal scheduled a second Case Management Conference and a 5-day hearing, and directed the appellant to file a draft Procedural Order.

Beachside Development Inc. brought a motion to dismiss an appeal by Manning Developments Inc. regarding a zoning by-law amendment approved by the Municipality of Lakeshore.

Manning's appeal was based on the Municipality's differing treatment of servicing allocation between Beachside's lands and Manning's adjacent lands.

The Ontario Land Tribunal granted the motion and dismissed the appeal, finding that municipal servicing allocation is outside the Tribunal's jurisdiction, meaning the appeal disclosed no apparent land use planning grounds and had no reasonable prospect of success.

The Tribunal also found the appeal was brought for the purpose of delay.

The Tribunal held a Case Management Conference regarding an appeal of the City of Hamilton's approval of an Official Plan Amendment to permit the extension of municipal water services to two rural properties.

The Tribunal added the applicants as parties, noted that mediation was unlikely at this stage, and scheduled a four-day video hearing.

The parties were directed to finalize the Draft Procedural Order and Issues List.

The applicant applied to the City of Hamilton for an official plan amendment, zoning by-law amendment, and consent approvals to construct six townhomes.

The City Council and Committee of Adjustment approved the applications.

The appellant appealed these decisions to the Ontario Land Tribunal.

At the first Case Management Conference, the Tribunal recognized the parties, noted the appellant's intention to self-represent, and scheduled a three-day video hearing.

The parties were directed to finalize the draft procedural order and issues list.

A case management conference was held to consider hearing appeals related to the City of Burlington's Official Plan Amendment 119, Zoning By-law Amendment 2020-418, and the new Official Plan together.

The Tribunal ordered the matters to be heard together for case management purposes.

Additionally, the Tribunal granted a motion by 409 Brant St. Ltd., finding that ZBA 2020-418 does not apply to its site, which had the statutory effect of releasing the site from the Interim Control By-law and reinstating its prior zoning.

The Tribunal held a Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment approved by the City of Sarnia and County of Lambton.

The parties agreed that the matter did not lend itself to mediation and requested a hearing.

The Tribunal approved the draft Procedural Order on consent and scheduled a four-day video hearing for the appeals.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in the Titles of Proceeding of a previous decision issued on June 25, 2021.

The correction was made pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

In all other respects, the original decision remains unchanged.

The appellant appealed the City of Waterloo's new Comprehensive Zoning By-law, arguing that its performance standards for tower separations, podiums, and maximum heights prevented the achievement of maximum planned densities and conflicted with the City's Official Plan, the Provincial Policy Statement, and the Growth Plan.

The Tribunal dismissed the appeal, finding that the City has the statutory authority under section 34 of the Planning Act to regulate building height, bulk, and spacing.

The Tribunal held that provincial policies require optimizing, not maximizing, density and that the zoning regulations appropriately implemented the Official Plan's high priority on good urban design and human-scale development.

The applicant appealed the Town of Fort Erie's failure to make a decision on official plan and zoning by-law amendment applications to permit a self storage facility.

At the first Case Management Conference, the Tribunal scheduled a three-day video hearing and directed the parties to finalize a procedural order and issues list.

The appellant appealed the approval of a consent to sever and a minor variance for lot frontage to allow the creation of two lots for single detached dwellings.

The Tribunal accepted uncontested expert planning evidence that the proposal represents sensitive intensification, conforms to the Official Plan, and meets the criteria for severance and minor variances.

The appeal was dismissed, provisional consent was granted, and the variance was authorized subject to conditions, including tree replacement.

The Tribunal held a Case Management Conference regarding appeals against the City of Hamilton's Development Charges By-law.

The Tribunal received draft Procedural Orders and Issues Lists, and was updated on scheduled mediation and settlement discussions.

A further Case Management Conference was scheduled for October 20, 2021.

The appellant appealed the City of Kitchener's failure to make decisions regarding official plan and zoning by-law amendment applications for a proposed 15-storey residential building.

At the first Case Management Conference, the Tribunal addressed process issues regarding short notice and granted party status to the Regional Municipality of Waterloo, Hal Jaeger, and Aaron Scriver.

Participant status was granted to several individuals.

The Tribunal directed the parties to prepare a draft Procedural Order and Issues List and scheduled a second Case Management Conference for October 5, 2021, to finalize the procedural order and entertain further status requests.

The Tribunal held a fourth Case Management Conference concerning appeals of the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

The parties agreed to split the appeals into City-wide appeals and site-specific appeals.

The Tribunal approved the scoping of the appeals, scheduled a five-week hearing for the City-wide appeals, and issued the associated Procedural Order.

The applicant appealed the Township of Wilmot's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Consent to sever a property to accommodate two residential lots.

At a Case Management Conference, the Tribunal was advised that the parties had reached a settlement.

The Tribunal scheduled a settlement hearing by video for September 23, 2021, and directed the filing of supporting affidavits.

The applicant appealed the Committee of Adjustment's denial of a minor variance application to permit a multi-unit residential building with commercial space.

Prior to the hearing, the applicant revised the proposal, reducing the height and number of units, which led to a settlement with the City.

Based on uncontested expert planning evidence, the Tribunal found the revised application met the four tests under s. 45(1) of the Planning Act, was consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The appeal was allowed in part and the revised variances were authorized subject to conditions.

The Tribunal held a Case Management Conference regarding appeals by Cento Homes & Renovations Inc. against the City of Hamilton's refusal to amend the Official Plan and Zoning By-law to permit six townhouse dwellings.

The Tribunal received and issued the requested Procedural Order on consent.

This was the first Case Management Conference regarding multiple appeals of the new Official Plan for the City of Burlington, as modified and approved by the Regional Municipality of Halton.

The Tribunal granted party and participant status to several requestors and set deadlines for the submission of issues lists and a draft Procedural Order.

A subsequent Case Management Conference was scheduled to address overlapping appeals with another Official Plan Amendment.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's refusal of Official Plan and Zoning By-law Amendments to permit six townhouse dwellings.

Participant status was granted to three individuals.

The Tribunal scheduled a three-day video hearing for November 2021 and directed the parties to submit a draft Procedural Order and Issues List.