Jessica De Marinis

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The applicants withdrew their consent and minor variance applications shortly before a scheduled Ontario Land Tribunal hearing.

The appellants, who had appealed the Committee of Adjustment's approval of the applications, brought a motion for costs, arguing the late withdrawal was unreasonable and caused them to incur unnecessary expenses.

The Tribunal dismissed the motion, finding that the withdrawal did not constitute clearly unreasonable, frivolous, vexatious, or bad faith conduct, and that the appellants achieved their desired outcome without the expense of a full hearing.

A Case Management Conference was held regarding an appeal by the applicant against the municipality's failure to make a decision on a Zoning By-law Amendment application for a 77-unit townhouse development.

The Tribunal granted participant status to two individuals on consent, approved the parties' draft Procedural Order, and scheduled a five-day video hearing on the merits.

The Tribunal held a fourth Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law amendment applications for a commercial development.

The Tribunal scheduled a fifth CMC and a five-day merit hearing, and approved the Procedural Order and Issues List.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by Oakville Developments (2010) Inc. and others against the Town of Oakville's refusal and failure to adopt requested zoning and official plan amendments.

The Tribunal scheduled a 14-day merit hearing for June 2024 and a fourth Case Management Conference for December 2023.

A Procedural Order and Issues List were approved to govern the conduct of the proceeding.

The County of Brant brought a motion requesting the Tribunal not to schedule hearings on the merits of two sets of appeals while an Interim Control By-law (ICBL) was in effect.

The County argued that scheduling the hearings would run contrary to the intent of section 38 of the Planning Act, which provides a municipality with 'breathing space' to rethink its land use policies.

The Tribunal denied the motion, finding that section 38 only authorizes a municipality to prohibit the use of land, buildings, or structures, and does not suspend the processing of development applications or the adjudication of appeals.

The Tribunal concluded that scheduling the hearings offered the best opportunity for a fair, just, and expeditious resolution of the proceedings under section 12(2) of the Ontario Land Tribunal Act, 2021.

The appellant appealed a Committee of Adjustment decision refusing a consent to sever a residential lot into two and associated minor variances for lot frontage, area, coverage, and setbacks to construct two new detached houses.

The Toronto Local Appeal Body allowed the appeal, finding that the proposed development represented gentle intensification consistent with provincial and municipal policies.

The uncontradicted expert planning evidence demonstrated that the proposed lot sizes and physical characteristics were materially consistent with the existing neighbourhood character, satisfying the criteria for consent under the Planning Act and the four tests for minor variances.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to facilitate a 38-unit residential development.

The Tribunal granted Party status to adjacent property owners and Participant status to another neighbour.

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

The Tribunal convened a Case Management Conference regarding appeals by 8185 Bridgeport Inc. against the City of Waterloo's failure to make a decision on applications to amend the Official Plan and Zoning By-law.

The applications propose a mixed-use development with three residential towers.

The Tribunal directed the parties to finalize a Procedural Order and Issues List, and scheduled a 14-day video hearing.

The Tribunal held a Case Management Conference regarding appeals of a zoning by-law amendment and an official plan amendment for a mixed-use development in the Town of Oakville.

The Tribunal ordered the consolidation of the two appeals and stayed the zoning by-law amendment appeal pending the resolution of the official plan amendment.

The Tribunal also granted party and participant status to several requesting entities without objection and scheduled a further Case Management Conference.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Miss BJL Corp. against the City of Mississauga for failing to make decisions on Official Plan and Zoning By-law Amendment applications within the statutory timeframes.

The applications seek to permit a 9-storey mixed-use building.

The Tribunal granted party status to the Regional Municipality of Peel on consent.

As the parties were engaged in settlement discussions pending a resubmission, the Tribunal scheduled a further Case Management Conference for June 20, 2023.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Fengate LiUNA Gardens Holdings LP against the City of Hamilton's failure to adopt an Official Plan Amendment and Zoning By-law Amendment for a proposed redevelopment.

The Tribunal confirmed that notice for the first CMC was sufficient and granted participant status to one additional individual on consent.

The Tribunal directed the parties to submit a revised draft Procedural Order and Issues List and confirmed the scheduling of a 10-day video hearing.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision finding it discriminated against a resident with disabilities by implementing a strict COVID-19 visitation policy in its congregate care setting.

The Divisional Court held the HRTO's decision was unreasonable, finding the policy was based on public health guidance rather than presumed characteristics of persons with disabilities, and thus did not constitute prima facie discrimination.

Furthermore, the court found the HRTO unreasonably concluded the applicant failed in its duty to accommodate, as it ignored the fluid nature of pandemic guidance and the reasonable alternatives offered.

The application for judicial review was allowed and the HRTO decisions were set aside.

The applicants filed human rights applications alleging discrimination in employment against the respondent.

Following the filings, the Superior Court issued an order under the Companies' Creditors Arrangement Act staying all proceedings against the respondent.

The Tribunal deferred the applications and cancelled scheduled mediations, holding that it is appropriate to give effect to the CCAA stay order.