Ken Strong

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals regarding a proposed zoning by-law amendment and site plan for a livestock trailer washing facility.

The order sets out the issues list, order of evidence, and procedural dates leading up to a 15-day hearing scheduled to commence in April 2027.

The applicants appealed the refusal of their minor variance application by the Town's Committee of Adjustment.

The variances were sought to permit the construction of a detached accessory second dwelling unit.

Prior to the hearing, the parties reached a settlement on revised variances for interior side yard setback and lot coverage, as two other variances were no longer required due to a zoning by-law amendment.

Based on uncontroverted expert planning evidence, the Tribunal found the revised variances met the four tests under the Planning Act and authorized them subject to conditions.

The Tribunal held a Case Management Conference to consider the claimant's motion for leave to amend its Amended Notice of Arbitration in an expropriation compensation proceeding.

The parties consented to the revised Proposed Amended Claim and a draft Procedural Order.

The Tribunal granted the motion for leave to amend and approved the Procedural Order, setting the schedule for the 15-day hearing.

The appellants appealed the denial of a minor variance by the Municipality of Lambton Shores and the refusal of a development permit by the Ausable Bayfield Conservation Authority regarding the replacement of a deck on a shoreline property.

At a case management conference, the Ontario Land Tribunal ordered that the two appeals be heard together and issued a procedural order setting the hearing dates and procedural requirements.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the appellant against the municipality's passing of a zoning by-law.

As the parties had not yet filed a procedural order and were open to mediation, the Tribunal scheduled a second Case Management Conference and directed the parties to file the Procedural Order with the Issues List beforehand.

The Claimant sought leave to amend its Notice of Arbitration to add claims for injurious affection and disturbance damages arising from the partial expropriation of its lands by the Respondent school board.

The Respondent opposed the amendment, arguing the injurious affection claim was statute-barred and lacked sufficient particulars.

The Tribunal found the claim was not statute-barred, as the Claimant sought the amendment within one month of discovering the alleged damage via an expert appraisal report.

However, the Tribunal agreed that the proposed amendments lacked sufficient particulars regarding quantum and factual basis.

The Tribunal directed the Claimant to provide further amendments detailing the particulars before leave would be granted.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation following an expropriation by the Thames Valley District School Board.

The Respondent argued the Claimant's Notice of Arbitration lacked sufficient particulars regarding damages.

The Tribunal declined to schedule a second CMC, instead establishing a procedural timetable for the amendment of pleadings, discoveries, and a 14-day hearing.

A Case Management Conference was held regarding appeals by the appellant against the township and county concerning an Official Plan Amendment and Zoning By-law regulating cannabis cultivation facilities.

The parties advised the Tribunal that a settlement concept is in place but requires municipal council endorsement.

The Tribunal ordered the parties to provide status updates and, if no settlement is reached, to submit a final draft Procedural Order and Issues List.

The Tribunal held a first Case Management Conference regarding an appeal of conditions of draft plan approval for a vacant land condominium.

The municipality indicated its intent to bring a motion disputing the standing of the appeal due to the lapsing of the draft plan extension.

The Tribunal scheduled a second Case Management Conference to hear the municipality's motion, while the parties continue discussions to potentially resolve the appeal.

The Canadian National Railway Company appealed the Town of Aylmer's approval of a Zoning By-law Amendment that permitted a residential subdivision near a railway line, citing concerns about safety, noise, and vibration.

Prior to the hearing, the parties reached a settlement and proposed a revised Zoning By-law Amendment that included a 15-metre rear yard depth to address the railway's concerns.

Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment consistent with provincial and local planning policies and allowed the appeal in part to implement the settlement.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a typographical error in a previously issued decision.

The amendment replaced the name of counsel for the County of Lambton in the appearances section.

In all other respects, the original decision remains unchanged.

The appellant appealed the Township's zoning by-law and official plan amendments relating to cannabis cultivation and production facilities.

At a concurrent Case Management Conference, the parties consented to consolidate the appeals.

The Tribunal granted the consolidation, noting the common appellant and related subject matter.

An additional Case Management Conference was scheduled to finalize the procedural order and issues list, and a 10-day hearing on the merits was set.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Enniskillen Pepper Co. Ltd. against a zoning by-law affecting cannabis cultivation in the Township of Enniskillen.

The Tribunal granted party status to a neighbouring property owner and participant status to several individuals, while denying participant status to a proposed expert witness.

A second Case Management Conference was scheduled to address the potential consolidation of this appeal with another related file.

The applicant appealed the conditions imposed by the Committee of Adjustment on a consent application to sever a surplus farm dwelling.

The parties reached a settlement modifying the conditions, including requirements for a new septic system and a zoning by-law amendment for the severed lands.

The Tribunal accepted uncontroverted expert evidence that the modified conditions are consistent with provincial policy, conform to the official plans, and represent good planning.

The appeal was allowed and the conditions were amended in accordance with the settlement.

The appellants appealed the Township's refusal to pass a zoning by-law amendment to permit a modular home as a secondary dwelling unit.

At the second Case Management Conference, the Tribunal was advised that the appellants had submitted revised plans to convert an existing garage into a second dwelling.

The parties agreed to engage in Tribunal-assisted mediation to determine whether the appeal should proceed or be withdrawn for a new application.

The Tribunal also granted participant status to a neighbouring property owner.

The appellants appealed the Township's refusal to pass a Zoning By-law Amendment to permit a secondary dwelling unit on their property.

At the first Case Management Conference, it became apparent that the Township misunderstood the appellants' proposal, believing they intended to permanently install a modular home, whereas the appellants actually sought to convert an existing detached garage.

The Tribunal ordered the appellants to provide updated plans clarifying their intentions and scheduled a second Case Management Conference to address the revised application and procedural matters.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the Municipality of Lakeshore's refusal to enact a Temporary Use By-law to permit transport trailers for storage.

The parties indicated an intent to request Tribunal-led mediation.

The Tribunal scheduled a telephone conference call for a status report and deferred setting hearing dates until a Procedural Order and Issues List are prepared.

The applicant appealed the Municipality of Bluewater's refusal to amend a zoning by-law to permit the construction of a single-detached dwelling using shipping container materials.

The municipality argued the design was industrial and incompatible with the neighbourhood, particularly a nearby heritage property, and that the by-law prohibited shipping containers for human habitation.

The Tribunal found the proposed contemporary design compatible with the eclectic neighbourhood character and determined the by-law prohibited 'as-is' use of shipping containers but not the use of their materials for construction.

The Tribunal allowed the appeal and directed the municipality to amend the zoning by-law.

The applicant appealed the municipality's refusal to enact an Official Plan Amendment and Zoning By-law Amendment to permit a seniors' residential development.

Prior to the hearing, the parties reached a settlement and presented revised planning instruments.

Based on the uncontradicted expert planning evidence, the Tribunal found that the proposed development satisfies all legislative tests, is consistent with provincial policy, and demonstrates due consideration for the heritage character of the surrounding area.

The appeal was allowed in part to approve the revised amendments.

The applicant appealed the municipality's refusal of a zoning by-law amendment application to permit the use of a shipping container as a home.

The Ontario Land Tribunal held a case management conference where the parties finalized a draft procedural order and issues list.

The Tribunal scheduled a three-day video hearing and issued the procedural order to govern the proceedings.