Ken Hare

This was the first Case Management Conference regarding appeals of the United Counties of Leeds and Grenville's Official Plan Amendment 5, which updated the Agricultural Area land use designation.

The Tribunal granted participant status to two individuals and scheduled a second CMC.

The Tribunal also directed three self-represented appellants to provide written statements demonstrating they meet the statutory requirements for standing under s. 17(24) of the Planning Act, as they were not listed as having made prior submissions to council.

A Case Management Conference was held regarding appeals of the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 336-unit affordable housing development.

The parties requested an adjournment as the South Simcoe Growth Initiative is currently underway and its outcome could impact the appeals.

The Tribunal granted the adjournment and scheduled a subsequent Case Management Conference for April 9, 2026.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Burlington's Official Plan Amendment 2, which establishes the framework for three Major Transit Station Areas.

The Tribunal deferred a party status request from a local business pending the scoping of the appeals.

The parties were directed to continue discussions regarding the contents of the Notice of Appeal and to advise the Tribunal if a motion is required.

A second Case Management Conference was scheduled.

The Ontario Land Tribunal held a third Case Management Conference regarding proposed Amendment No. PC 225 22 to the Niagara Escarpment Plan, which would amend agricultural policies to allow for on-farm diversified uses and agricultural-related uses outside of prime agricultural areas.

The Tribunal granted party status to Michael and Mark Krapez and Regal Point Elk Farm without objection.

The Tribunal scheduled a 15-day video hearing commencing on March 24, 2025, and approved the Procedural Order to govern the conduct of the proceeding.

The City of Burlington brought a motion for directions to amend a Notice of Undertaking filed by Nelson Aggregate Co. regarding the proposed expansion of the Burlington Quarry.

The City sought to compel the consolidation of potential future hearings for a Permit to Take Water (PTTW), an Environmental Compliance Approval (ECA), and an Aggregate Resources Act site plan amendment into the current consolidated proceedings.

The Ontario Land Tribunal dismissed the City's request to include the site plan amendment, finding no indication that the Ministry of Natural Resources and Forestry intended to propose amendments that would trigger a hearing.

The Tribunal also exercised its discretion under O. Reg. 351/21 to defer the PTTW and ECA applications until it is determined whether hearings will actually be required for those approvals, noting that the Ministry of Environment, Conservation and Parks typically requires land use approvals to be in place before issuing such permits.

The Tribunal confirmed the consolidation of the five existing appeals.

The applicant brought a motion to consolidate its appeal of a draft plan of subdivision under the Planning Act with appeals of a development permit under the Niagara Escarpment Planning and Development Act.

The Tribunal found that the statutory requirements for consolidation under section 21 of the Ontario Land Tribunal Act were met.

The Tribunal also determined that in a consolidated hearing, it has the authority to stand in the shoes of the Minister to make any decision that could be made after the hearing.

The undisputed motion for a consolidated hearing was granted.

At a Case Management Conference regarding appeals by Nelson Aggregate Co. for a proposed quarry expansion, the Ontario Land Tribunal scheduled a 60-day hearing on the merits.

The Tribunal adjourned a motion by the City of Burlington to consolidate related Niagara Escarpment Commission appeals due to the late filing of motion materials, which the panel had not fully received.

A further Case Management Conference was scheduled to hear the adjourned motion and finalize the procedural order.

The Tribunal convened a first Case Management Conference regarding appeals under the Planning Act and the Niagara Escarpment Planning and Development Act for a proposed 75-lot residential subdivision.

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

A request to consolidate the appeals was deferred to a subsequent motion hearing.

The Tribunal scheduled a second Case Management Conference and a 14-day merit hearing, and approved the Procedural Order and Issues List.

At a Case Management Conference regarding a proposed amendment to the Niagara Escarpment Plan, the Hearing Office considered the status of 21 objectors who triggered the hearing.

Interpreting the Niagara Escarpment Planning and Development Act, the Hearing Office determined that the hearing is in the nature of a public inquiry and that objectors are 'interested persons' entitled to question witnesses.

Consequently, all objectors were granted Party status.

The Hearing Office also granted Added Party status to two other entities and issued procedural directions for the preparation of a draft Procedural Order and Issues List.

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

The applications seek to permit a 630-unit residential development.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties to govern the upcoming 12-day merit hearing.

The Ontario Land Tribunal held a case management conference regarding appeals by Nelson Aggregate Co. for official plan amendments and licenses to permit a quarry expansion.

The City of Burlington brought a motion to consolidate related Niagara Escarpment Commission appeals.

Due to concerns raised by the Tribunal regarding the City's supporting affidavit being sworn by a law clerk, the City withdrew its motion with liberty to refile.

The Tribunal scheduled a further case management conference to finalize the procedural order and hear the refiled motion.

The applicant appealed the City of Hamilton's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use building or retirement home.

Prior to the hearing, the applicant reached settlement agreements with the City and the Niagara Escarpment Commission.

Based on the uncontested expert planning evidence, the Tribunal found the revised instruments consistent with provincial policies and local plans.

The appeals were allowed in part to implement the settlement.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendments, and a Draft Plan of Subdivision to facilitate a mixed-use complete community.

Prior to the hearing, the applicant reached settlements with the City and the Niagara Escarpment Commission, resolving concerns regarding density, visual impacts on the escarpment, and the relocation of an isolated wetland.

The Tribunal accepted the uncontested planning evidence that the revised instruments were consistent with provincial policies and conformed to applicable plans, allowing the appeals and approving the instruments.

The appellant appealed the City of Hamilton's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit a mixed-use development with three residential towers.

Following a settlement between the parties, the Tribunal held a settlement hearing.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Niagara Escarpment Plan, and represented good planning.

The appeal was allowed in part to amend the Zoning By-law.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Nelson Aggregate Co. for official plan amendments and an Aggregate Resources Act license to permit a quarry expansion.

The Tribunal granted party status to six entities, including the City of Burlington and the Regional Municipality of Halton, and participant status to 66 individuals.

The Tribunal directed the parties to collaborate on a Draft Procedural Order and Issues List and scheduled a further Case Management Conference to address a forthcoming motion for consolidation.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Niagara Escarpment Commission's conditional approval of a development permit application.

The application sought to subdivide a property into single-dwelling lots and townhouse blocks.

The Tribunal issued a Procedural Order, finalized the Issues List, and scheduled a four-day video hearing on the merits.

The Ontario Land Tribunal issued a Procedural Order for the hearing of appeals brought by Flamborough Power Centre Inc. against the City of Hamilton.

The appeals relate to the City's failure to adopt a requested official plan amendment, neglect of a zoning by-law amendment application, and failure to make a decision on a proposed plan of subdivision for the development of a complete community at 30 Dundas Street East.

The order sets out the organization of the hearing, requirements before the hearing, the summary of dates, the list of parties and participants, the issues list, and the order of evidence.

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

The applications seek to permit a six-storey residential apartment building with commercial uses at grade.

The Tribunal issued a Procedural Order on consent, setting the hearing dates, procedural steps, and the final Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2691823 Ontario Inc. against the City of Hamilton's failure to adopt an Official Plan Amendment and refusal to make a decision on a Zoning By-law Amendment.

The proposed development is a six-storey mixed-use building.

The Tribunal granted party status to James and Nancy MacLeod and the Niagara Escarpment Commission, and participant status to several individuals and a community group.

A 12-day merits hearing was scheduled for September 2023, and deadlines were set for the submission of issues and a final draft Procedural Order.

The appellant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a proposed mixed-use development.

At the second Case Management Conference, the Tribunal granted party status to the Niagara Escarpment Commission without objection.

The parties agreed to work cooperatively on scoping the issues list and finalizing the procedural order.

The Tribunal scheduled a third Case Management Conference for October 2022 and a four-week hearing of the merits for June 2023.