13 total
Amended procedural order issued on consent for expropriation compensation hearing.
The parties requested an amendment to the procedural order governing the schedule for a compensation claim under the Expropriations Act.
The Ontario Land Tribunal granted the request on consent and issued an amended procedural order setting out the timetable for pleadings, discoveries, mediation, and the hearing.
Appeal of education development charges by-law dismissed; school board reasonably excluded leased capacity from calculations.
The Building Industry and Land Development Association appealed the Toronto Catholic District School Board's Education Development Charges By-law 2023 No.195.
The appellant argued that the School Board failed to meet statutory eligibility requirements by excluding the capacity of leased secondary schools from its calculations.
The Tribunal found that the School Board acted fairly and reasonably, in accordance with the legislation and Ministry guidelines, by excluding leased capacity from its determination of total capacity.
The appeal was dismissed and the by-law remains in force.
Non-appellant party status granted to corporate entities; second CMC scheduled for Official Plan appeals.
This was a first Case Management Conference regarding appeals of Official Plan Amendment No. 95 for the Glendale Secondary Plan.
The Tribunal granted non-appellant party status jointly to White Oaks Tennis World Inc. and 1526882 Ontario Inc. A request for party status by another individual was deferred to the next CMC due to short notice.
The Tribunal scheduled a second CMC and directed the parties to file a draft Procedural Order and finalized Issues Lists.
Minor variance for long-term care facility authorized on consent subject to noise mitigation conditions.
The appellant appealed the Committee of Adjustment's approval of a minor variance to facilitate the construction of a new 96-bed long-term care facility.
The parties reached a settlement prior to the hearing, agreeing to the variance subject to noise mitigation conditions.
The Tribunal found the variance, which reduced the interior side yard setback from 50 metres to 1.2 metres, met the four tests under section 45(1) of the Planning Act.
The Tribunal authorized the variance subject to conditions regarding consent approval and noise mitigation, but declined to impose a requested condition regarding a private agreement under the Industrial and Mining Lands Compensation Act due to lack of jurisdiction.
Claimant ordered to answer majority of discovery questions; bare proportionality argument rejected without evidentiary support.
Metrolinx brought a motion seeking compliance with undertakings and answers to questions refused or taken under advisement during the examination for discovery of the Claimant's representative.
The Claimant argued that answering the questions would violate the principle of proportionality under the Rules of Civil Procedure.
The Tribunal found that the Claimant provided no evidence of the burden or costs to support its proportionality argument.
The Tribunal ordered the Claimant to answer the majority of the disputed questions, while finding it was not required to answer a select few.
Tribunal schedules settlement hearing for zoning by-law amendment appeal.
The applicant appealed the Town's refusal of a zoning by-law amendment application to redefine wetland and hazard zones and establish development envelopes.
At the third Case Management Conference, the parties advised that a settlement in principle had been reached.
The Tribunal scheduled a one-day settlement hearing.
Tribunal finalizes issues list and schedules phased hearing for appeals against education development charge by-law.
This decision arises from a Case Management Conference regarding appeals by the Building Industry and Land Development Association and Sionito Community Development Corporation against an education development charge by-law enacted by the Toronto Catholic District School Board.
The Tribunal struck two issues from the draft issues list that were strictly legal argument, tightened the language of other issues, and scheduled a five-day phased hearing for the appeals.
Procedural order issued for an 8-day hearing regarding a land expropriation compensation claim.
The Ontario Land Tribunal issued a procedural order to govern the pre-hearing steps and organization of an 8-day video hearing scheduled to commence on February 3, 2025.
The hearing will determine the compensation owed to the claimant arising from the Ministry of Transportation's partial expropriation of the claimant's land.
Tribunal scheduled a formal motion to determine the validity of a zoning by-law amendment appeal.
At a Case Management Conference regarding an appeal of a Zoning By-law Amendment to permit a retirement home, the applicant challenged the validity of the appeal under s. 34(19) of the Planning Act.
The applicant argued the appellant corporation was incorporated after the council decision and did not make prior submissions.
The Tribunal directed the applicant to bring a formal motion to determine the validity of the appeal and set a schedule for motion materials and a hearing date.
Tribunal schedules five-day hearing and approves Procedural Order for zoning by-law amendment appeal.
The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the City of Greater Sudbury's decision to amend a zoning by-law to permit a six-storey retirement home.
The City did not attend and indicated it would not participate.
The Tribunal scheduled a five-day video hearing and approved the Procedural Order submitted by the parties.
Tribunal directed parties to continue settlement discussions and report back in 90 days.
At a Case Management Conference regarding a claim for compensation for an expropriation by the Regional Municipality of York, the parties advised the Tribunal that they were engaged in settlement discussions.
The Tribunal directed the parties to honour their undertakings to exchange and respond to settlement offers within 90 days, and to contact the Case Co-ordinator thereafter to advise if the matter would proceed to arbitration.
Tribunal declined to set hearing date pending exchange of outstanding documentation in expropriation claim.
The Tribunal held a second Case Management Conference regarding a claim for compensation under the Expropriations Act.
The claimants requested that a hearing date be set and a Procedural Order established.
The respondent requested a deadline for the receipt of outstanding documentation.
The Tribunal found deficiencies in the proposed Procedural Order and determined that setting a hearing date would be premature.
The Tribunal ordered the claimants to provide the outstanding documentation and directed the parties to provide a status update by a specified date.
Second Case Management Conference scheduled to allow parties to pursue settlement of expropriation compensation claim.
The Claimants sought compensation for the expropriation of their property by the Toronto Catholic District School Board.
At the first Case Management Conference, the parties advised that settlements in related expropriation appeals had laid the groundwork for a potential settlement in this matter.
The Tribunal scheduled a second Case Management Conference to allow the parties time to continue settlement discussions or, alternatively, to finalize a Procedural Order and set a hearing date.
