Konstantine John Stavrakos

The appellant appealed the Committee of Adjustment's denial of a minor variance application to permit the construction of an accessory building on a property designated Agricultural Area and located within the Greenbelt Natural Heritage System.

The parties reached a settlement and requested a written hearing.

Based on uncontested expert planning evidence, the Tribunal found that the requested variances for maximum height and gross floor area met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Greenbelt Plan.

The appeal was allowed and the variances were authorized subject to conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal against the Town of Milton's passing of a Zoning By-law to permit a transportation terminal.

The parties disagreed on whether certain issues, specifically those involving a temporary use by-law, were properly before the Tribunal.

The Tribunal scheduled a Motion for Determination to resolve the dispute over the Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Slessor Square LP1 against the Town of Milton's failure to approve an Official Plan Amendment and Zoning By-law Amendment for a high-density mixed-use development.

The Tribunal granted participant status to 29 individuals, subject to them providing written confirmation of their proximity to the proposed development.

The Tribunal also directed the parties to finalize a Procedural Order and Issues List and scheduled a 19-day merit hearing for April 2027.

The applicant appealed the Town of Milton Committee of Adjustment's decision denying a minor variance to permit an increased driveway width.

The applicant had expanded the driveway to accommodate parking for an Additional Residential Unit.

The Tribunal found that the variance did not have regard for matters of provincial interest due to safety concerns regarding emergency access.

Furthermore, the Tribunal concluded that the variance failed the four tests under section 45(1) of the Planning Act, as it resulted in excessive hardscaping, encroached on the Town's road allowance, and violated the Zoning By-law's parking orientation requirements.

The appeal was dismissed.

The appellant appealed the City's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a 28-storey mixed-use building.

At a Case Management Conference, the parties requested an adjournment sine die because an Environmental Assessment for Lower Rambo Creek and new hydrological modelling by Conservation Halton were still underway and would directly impact the subject property.

The Tribunal granted the adjournment on consent and directed the parties to provide a written status update by the end of 2026.

The appellant appealed his conviction and sentence for failing to comply with a Property Standards Order under the Building Code Act.

At trial, the appellant attempted to argue that the underlying municipal by-law was vague and that his property enjoyed legal non-conforming use status.

The appeal court upheld the trial justice's finding that these arguments constituted an impermissible collateral attack on the order, as the appellant had failed to exhaust the statutory appeal mechanisms available to him.

The court also confirmed that the doctrine of legal non-conforming use does not apply to property standards by-laws.

The appeal against the conviction and the sentence of a $7,500 fine and one-year probation order was dismissed.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the new Official Plan for the Township of Clearview.

One appellant reached a settlement in principle, and the Tribunal scheduled a written hearing to consider it.

The remaining appellants requested a further Case Management Conference to continue settlement discussions and address technical issues.

The Tribunal granted the requests and scheduled a third Case Management Conference.

The applicant appealed the municipality's refusal of consent and minor variance applications to create three new residential lots.

Prior to the hearing, the parties reached a comprehensive settlement.

The Tribunal accepted uncontradicted expert planning evidence that the proposal, subject to agreed-upon conditions including private servicing requirements, satisfied the four tests for a minor variance and had regard for provincial interests.

The appeals were allowed in part, approving the variances and granting provisional consent.

The appellant, Zaafir Ahmed Munir, appealed a decision upholding the Town of Milton’s short-term rental bylaw and related enforcement actions.

The Court of Appeal found that the Town had authority under the Municipal Act to enact the bylaw, that there was no conflict with the Residential Tenancies Act, and that the appellant’s Charter rights were not infringed.

The appeal was dismissed, and costs were awarded to the respondents.

This was the first Case Management Conference regarding appeals by three appellants against the new Official Plan for the Township of Clearview.

The parties requested a second CMC to allow related site-specific appeals and applications to proceed, which may be consolidated with or render moot the current appeals.

The Tribunal scheduled a second CMC for October 17, 2025, and directed the parties to provide a draft Procedural Order or status update by October 10, 2025.

A case management conference was held regarding multiple appeals concerning the North Oakville West Secondary Plan.

The appellants and the Town of Oakville have been engaged in settlement discussions and have reached an agreement in principle on a development concept for the Palermo Village Growth Area.

The parties requested that the finalization of the draft Procedural Order and Issues List be put on hold to allow settlement discussions to advance.

The Tribunal granted the request and directed the parties to provide status updates on their respective appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the city's refusal of Official Plan and Zoning By-law Amendments for a 28-storey mixed-use development.

The Tribunal granted party status to the Halton Region Conservation Authority and participant status to a neighbouring property owner.

A second Case Management Conference was scheduled for September 2025 to allow for ongoing discussions and the completion of an environmental assessment.

The applicants appealed the Town's Committee of Adjustment decision refusing a minor variance to permit increased lot coverage for a new two-storey residential dwelling.

At the Case Management Conference, the parties advised the Tribunal that a settlement had been reached.

The Tribunal noted that the matter had already been set for a written settlement hearing and no further order was required.

The applicant, a tenant, sought declarations that the Town of Milton's Short-Term Rental (STR) by-law was ultra vires and inapplicable to his property, and that its enforcement infringed his Charter rights (Sections 7 and 15).

He also sought substantial monetary damages for emotional distress and lost income from operating an STR.

The court dismissed the application in its entirety, finding no legal or factual basis for claims against the landlords, no conflict between the STR by-law and the Residential Tenancies Act, and no Charter breaches.

The court confirmed the Town's authority to regulate STRs and that the applicant's Airbnb operation constituted an STR business subject to the by-law and fire safety regulations.

Costs were awarded to the respondents.

At a Case Management Conference, the Ontario Land Tribunal considered requests to consolidate site-specific zoning and subdivision appeals with ongoing Official Plan Amendment appeals concerning lands in the Town of Oakville.

The Tribunal granted the consolidation request on consent of the parties.

The Tribunal also directed the parties to proceed to Tribunal-assisted mediation and scheduled a further Case Management Conference for December 2024, along with a four-week merit hearing in June and July 2025.

The applicant appealed the City of Burlington's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision.

Following a settlement and an interim approval, the parties sought an order for minor technical revisions to the approved instruments and the approval of Conditions of Draft Plan Approval.

Relying on uncontested expert planning evidence, the Tribunal found the revisions to be minor and prudent, and the conditions to be appropriate and in accordance with section 51 of the Planning Act.

The Tribunal approved the revised instruments and attached the conditions, withholding its final order pending confirmation of a regional servicing allocation.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision to permit the redevelopment of portions of an existing golf course into residential lots and a mid-rise or townhouse block.

The City and local residents' associations opposed the development, arguing it would result in the loss of open space, remove mature trees, and undermine the character of the established community.

The Tribunal allowed the appeals in part, finding that the proposed development represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and Regional Official Plan.

The Tribunal preferred the applicant's expert evidence that the development is compatible with the existing neighbourhood, appropriately manages stormwater and natural hazards, and provides needed housing through intensification.

At a Case Management Conference regarding multiple appeals of Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision in the Town of Oakville, the Tribunal granted party and participant status to several entities on consent.

The Tribunal declined a request by the appellants to consolidate the site-specific appeals and set hearing dates, finding it premature given potential upcoming legislative changes to the Planning Act.

A further Case Management Conference was scheduled.

The appellant appealed a decision by the Town of Milton's Committee of Adjustment refusing a minor variance to reduce the minimum office component from 10% to 5% for two industrial buildings.

The Tribunal found that the variance met the four tests under section 45(1) of the Planning Act, noting that the reduction allows for market condition-driven flexibility without impacting the built form.

The appeal was allowed and the variance was authorized.

The Tribunal held a second Case Management Conference regarding an appeal under section 34(11) of the Planning Act by the applicant against the Township's refusal to make a decision on a Zoning By-law Amendment application.

The application sought to rezone a portion of the subject lands from Environmental Protection to Rural to expand the building envelope.

The Tribunal approved the consent Procedural Order and Issues List and scheduled a five-day video hearing on the merits.