Joel Farber

The City of Burlington requested a review of a Tribunal decision that refused to dismiss an appeal of the new City Official Plan.

The original decision held that the appeal survived the sale of the subject property because it was 'tied to the land', and directed the City to contact the new owner.

The Tribunal Chair granted the request for review, finding that the original decision contained an error of law.

The Chair held that while Tribunal decisions regarding permitted land uses run with the land (in rem), the right to commence, maintain, or withdraw an appeal is a personal right (in personam).

The original decision was varied to dismiss the appeal without a hearing on the merits.

The appellant brought a motion for directions to prohibit the City of Hamilton from seeking an alternative position at the upcoming Phase 2 merit hearing.

The City's alternative position was that if the Tribunal approved an urban boundary expansion, the subject lands should be designated for employment uses rather than residential uses.

The Tribunal found that the approved Issues List did not capture an intent to present employment land needs evidence or support the alternative position.

The motion was granted, prohibiting the City from leading such evidence or seeking the alternative position at the Phase 2 hearing.

The Ontario Land Tribunal issued a Procedural Order to govern the hearing of appeals by Gemini Urban Design (W) Corporation concerning the City of Vaughan's failure to adopt requested Official Plan and Zoning By-law amendments.

The appeals relate to a proposed development of a back-to-back townhouse block and underground parking garage.

The Tribunal scheduled a 7-day video hearing to commence on June 22, 2026, and established the issues list and procedural dates for the exchange of evidence.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant for the municipality's failure to adopt a requested official plan amendment.

The Tribunal granted participant status to several entities on consent and scheduled a second Case Management Conference for May 22, 2026.

Directions were also given for the submission of an issues list and a draft Procedural Order.

The appellant appealed the City of Cambridge's draft plan of subdivision conditions, specifically challenging a condition requiring a $500 per unit affordable housing contribution and a three-year lapsing condition.

The parties reached a settlement to amend the conditions, replacing the monetary contribution with a requirement to provide 20 affordable rental units for 25 years, and extending the registration timeframe to five years.

The Ontario Land Tribunal accepted uncontested planning evidence that the revised conditions represent good planning, are consistent with the Provincial Planning Statement, and conform to the applicable official plans.

The appeal was allowed in part to approve the amended conditions in principle.

The City of Hamilton brought a motion to have five common Residential Land Need Issues across three separate appeals (Upper West Side Landowners Group Inc., Elfrida Community Builders Group Inc., and Whitechurch Landowners Group Inc.) heard together.

The parties consented to the motion.

The Tribunal found that hearing the identical issues together would result in consistent adjudication and reduce overall hearing time without prejudicing the independent consideration of site-specific issues.

The motion was granted, and the common issues were ordered to be heard at the commencement of the previously scheduled Upper West Side Landowners Group Inc. merit hearing.

The City of Hamilton brought a motion to consolidate the common Residential Land Need Issues across three separate appeals regarding urban boundary expansions.

The appellants consented to the motion.

The Tribunal found that hearing the identical issues together would result in consistent adjudication and reduce overall hearing time without prejudicing the independent consideration of site-specific issues.

The motion was granted, and the common issues were ordered to be heard together at the commencement of the first scheduled merit hearing.

The City of Hamilton brought a motion to consolidate the hearing of five common Residential Land Need Issues across three separate appeals regarding urban boundary expansions.

The appellants consented to the motion.

The Tribunal found that hearing the common issues together was appropriate to ensure consistent adjudication and efficiency without prejudicing the individual site-specific hearings.

The motion was granted, and the common issues were ordered to be heard together at the commencement of the Upper West Side Landowners Group Inc. merit hearing.

The applicant brought a motion for directions under s. 22(6.2) of the Planning Act to determine whether its Official Plan Amendment application should be deemed complete effective December 14, 2023.

The City had issued notices of incomplete application citing various outstanding studies and reports, including an archaeological assessment, karst assessment, and approved terms of reference for environmental studies.

The Tribunal found that the City's grounds for deeming the application incomplete were insufficient, as many of the requested items were either not prescribed by the Act, not required by the Official Plan, or had been adequately addressed by the applicant's submissions.

The motion was granted and the application was deemed complete effective December 14, 2023.

The applicants appealed the City of Toronto's failure to make a decision on an Official Plan Amendment application to establish a Site and Area Specific Policy (SASP) for the redevelopment of the Centrepoint Mall site.

The parties reached a settlement agreement on a Revised SASP that will guide the future mixed-use redevelopment of the site, including new public streets, a central park, and high-density residential and commercial uses near a planned subway station.

Based on uncontested expert planning evidence, the Tribunal found the Revised SASP consistent with the Provincial Policy Statement and in conformity with the Official Plan, and allowed the appeal in part to approve the policy.

The Tribunal convened a Case Management Conference regarding an appeal by River Mill Development Corporation against conditions of a draft plan of subdivision approved by the City of Cambridge.

The parties engaged in settlement discussions and subsequently advised the Tribunal that a settlement had been reached.

The Tribunal ordered that the previously scheduled merit hearing be converted to a settlement hearing.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 12-unit townhouse development.

At the first Case Management Conference, the Tribunal granted party status to the Toronto and Region Conservation Authority on consent, noting its regulatory role regarding natural hazards.

The Tribunal scheduled a second Case Management Conference and a seven-day merit hearing.

The appellant brought a motion for disclosure of the City's hydraulic water and wastewater models, as well as data related to airport noise contours, in the context of an appeal concerning an urban boundary expansion.

The City consented to releasing the water model but opposed releasing the wastewater model and the airport data, arguing the wastewater model was inaccurate and the airport data was not in its possession.

The Tribunal ordered the disclosure of both models, finding them relevant and necessary since the City intended to rely on them to some extent.

The Tribunal also ordered the City to disclose the airport data if and when it becomes available to the City, failing which neither party may rely on it at the merit hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Regional Municipality of Halton's approval of the new City of Burlington Official Plan, as well as appeals against OPA 119 and ZBL 418.

The Tribunal granted non-appellant party status to Canadian National Railway Company, substituted Inaria Burlington Inc. for Burlington Healthcare Centre Inc., and scheduled a motion hearing to consider dismissing certain appeals and addressing potential settlements.

A status Case Management Conference was held regarding the remaining appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on settlement discussions concerning various issue-specific and site-specific appeals, including those related to propane storage, school boards, parking, cemeteries, and places of worship.

The Tribunal scheduled a further one-day CMC for December 3, 2025, and directed the City to provide a written status update and an updated tracking chart of remaining appeals by November 26, 2025.

This was a status hearing regarding multiple appeals against the Region of Halton's approval of the new City of Burlington Official Plan, as well as appeals against Official Plan Amendment No. 119 and Zoning By-law Amendment No. 2020-418.

The Tribunal deferred a party status request from Canadian National Railway Company to the next Case Management Conference to allow parties time to obtain instructions.

The Tribunal scheduled a further Case Management Conference for July 16, 2025.

The Tribunal held a second Case Management Conference regarding appeals by the Upper West Side Landowners Group Inc. against the City of Hamilton for failing to make a decision on an Official Plan Amendment application for an urban boundary expansion.

The parties submitted a draft Procedural Order and Issues List and requested an eight-week hearing.

The Tribunal scheduled the hearing to commence in April 2026 and issued the finalized Procedural Order and Issues List to govern the proceedings.

The Tribunal held a first Case Management Conference regarding appeals brought by Upper West Side Landowners Group Inc. against the City of Hamilton for failing to make a decision on Official Plan Amendment applications for an urban boundary expansion.

The Tribunal granted participant status to several individuals and organizations.

A request for party status by Elfrida Community Builders Group Inc. was denied, as the Tribunal found their involvement would prejudice the appellant and not assist in adjudicating the issues pertaining to the subject lands.

A second Case Management Conference was scheduled.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a decision issued on July 22, 2024.

The amendment clarified the upcoming hearing event information regarding a Case Management Conference and a Merit Hearing scheduled for November 2024.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided status updates on Phase 3, 4, and 7 appeals, as well as various topic-specific and site-specific appeals, noting several withdrawals and ongoing settlement discussions.

The Tribunal ordered a further Case Management Conference for November 2024 and scheduled a three-day merit hearing for a specific site appeal.