10 total
Tribunal schedules further CMC and adjusts hearing phases for Burlington Official Plan appeals.
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.
Tribunal accepts withdrawal of official plan appeal and issues procedural order for remaining fee appeal.
At a Case Management Conference, the Appellants withdrew their appeal under section 22(7) of the Planning Act regarding the City's refusal to amend the Urban Hamilton Official Plan, as a Ministry decision rendered it moot.
The Tribunal accepted the withdrawal.
For the remaining appeal under section 69(3) protesting the levying of fees, the Tribunal scheduled a two-day video hearing and approved the Procedural Order and Issues List submitted by the parties.
Tribunal issues procedural order and schedules hearing dates for Phase 6C appeals of OPA 231.
The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.
The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.
Tribunal approves Master Procedural Order and schedules Phase 1A hearing for Burlington Official Plan appeals.
This was a Case Management Conference regarding appeals of the City of Burlington's new Official Plan, Official Plan Amendment 119, and Zoning By-law Amendment No. 2020-418.
The Tribunal approved a Master Procedural Order setting out a phased hearing plan and approved the Procedural Order for the Phase 1A hearing on agriculture issues, scheduling it for April 2023.
Further Case Management Conference scheduled to address outstanding procedural order matters.
The parties requested a further Case Management Conference (CMC) to address details of phasing and outstanding matters in the Procedural Order regarding appeals of the City of Burlington's New Official Plan and related amendments.
The Tribunal granted the request and scheduled a further CMC for February 24, 2022.
Tribunal grants motion releasing lands outside a specific Zoning By-law Amendment area from an Interim Control By-law freeze.
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.
Appeals consolidated for case management; site-specific release from interim control by-law granted.
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.
Tribunal grants party status and sets procedural deadlines in Burlington Official Plan appeals.
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.
Leave to appeal denied; OMB did not err in refusing party status to neighbouring property owner.
The moving party sought leave to appeal a decision of the Ontario Municipal Board that denied it party status in a site plan appeal.
The moving party argued it was denied natural justice and that the Board applied the wrong test for standing.
The Divisional Court dismissed the motion, finding that the site plan process does not determine the rights of neighbouring property owners, and thus there was no denial of natural justice.
The Court also held that the Board properly exercised its discretion over its own procedure in determining that the municipality could adequately protect the public interest.
Motion for interlocutory injunction dismissed as plaintiffs failed to meet the RJR MacDonald test.
The plaintiffs sought an interlocutory injunction against the defendant, who had purchased their business and assets.
The court applied the RJR MacDonald test and found that the plaintiffs failed to establish a serious issue to be tried, irreparable harm, or that the balance of convenience favoured granting the injunction.
The court noted the plaintiffs' delay and petulant interference in the defendant's affairs.
The motion was dismissed, with costs awarded to the defendant on a partial indemnity scale.
