Laura Dean

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 1685078 Ontario Inc. against the Town of Caledon's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The parties presented a draft Procedural Order as settlement discussions were ongoing but unresolved.

The Tribunal approved the Procedural Order and scheduled a five-day video hearing.

The applicant appealed the Town of Caledon's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development.

The parties reached a settlement for a reduced density of six single-detached dwellings, eliminating the need for the Official Plan Amendment.

Based on uncontested expert planning evidence, the Tribunal approved the Zoning By-law Amendment and Draft Plan of Subdivision, finding they represent good planning, are consistent with the Provincial Policy Statement, and conform to applicable official plans.

The Ontario Land Tribunal issued a procedural order to govern a 20-day hearing scheduled to commence on October 21, 2024.

The hearing concerns appeals by 5047178 Ontario Inc. and Rosart Bucci Group regarding the City of Brantford's failure to make a decision on applications for a zoning by-law amendment and a draft plan of subdivision to permit a 141-unit townhouse development.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Township of Oro-Medonte's new Official Plan.

Prior to the hearing, two appellants withdrew their appeals.

The Township requested a delay in scheduling the hearing on the merits due to proposed Bill 185, which could retroactively remove the remaining appellants' appeal rights.

The Tribunal scheduled a second Case Management Conference for June 2024 to finalize the Procedural Order and Issues List, and to set hearing dates if necessary.

The Township of Oro-Medonte and a ratepayers' alliance appealed an Ontario Land Tribunal decision that repealed a zoning by-law amendment aimed at regulating short-term rentals.

The Tribunal had found the by-law created a new land use prohibition that was overbroad and not in the public interest.

The Divisional Court dismissed the appeal, holding that the Tribunal afforded procedural fairness, correctly interpreted the existing zoning by-law, and made no error of law in concluding the amendment did not represent good planning.

The applicant appealed the municipality's refusal of a zoning by-law amendment to permit the construction of rental cabins, a boathouse, and an accessory dwelling.

At the first Case Management Conference, the Tribunal granted party status to a neighbouring property owner on consent.

The Tribunal directed the parties to finalize a draft Procedural Order and scheduled a three-day merit hearing.

The Town of Pelham requested a Case Management Conference regarding the failure of the appellant to satisfy conditions from an August 2022 Interim Order approving an Official Plan Amendment and Zoning By-law Amendment.

The conditions required the submission of odour control descriptions, a site plan, and a Contingency Odour Management Plan.

The Town requested a 60-day deadline for compliance, while the appellant requested 125 days due to internal management changes and a corporate sale.

The Tribunal found a middle ground, ordering the appellant to submit the required documentation by April 30, 2024, and establishing a timeline for the Town's review and final resolution.

The City of Toronto brought a motion for an order approving Official Plan Amendment No. 445, as modified, following a settlement with multiple appellants.

The amendment establishes a policy framework for the West Queen West area, addressing heritage conservation, built form, and public realm enhancements.

Based on uncontroverted expert planning evidence, the Tribunal found the modified amendment consistent with provincial policies and the City's Official Plan.

The Tribunal approved the modified amendment, allowing the appeals in part, while adjourning one site-specific appeal sine die.

The Ontario Land Tribunal issued a procedural order governing the procedures leading up to an eight-day hearing scheduled for April 2, 2024.

The hearing concerns appeals by the applicant regarding the municipality's failure to make a decision on proposed official plan and zoning by-law amendments, as well as a site plan application.

The appellant appealed the City of Thorold's refusal of a zoning by-law amendment application to permit a three-storey, 34-unit apartment building on a property currently containing a single detached dwelling.

The Tribunal found that the proposed residential use, increased density, and built form were appropriate and compatible with the existing neighbourhood.

The Tribunal preferred the evidence of the appellant's land use planner, concluding that the proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan, Regional Official Plan, and local Official Plan, and represented good planning in the public interest.

The appeal was allowed in part to amend the zoning by-laws.

The Court of Appeal for Ontario heard appeals regarding a flooded access road.

The Township of Georgian Bluffs and the Ministry of Transportation appealed a lower court decision that found the road public, obligated the Township to maintain it, and ordered the Ministry to restore culverts and indemnify the Township.

The Crown's appeal was allowed due to procedural unfairness, as no relief was sought against the Ministry in the original application.

The Township's appeal was dismissed, affirming the public nature of the road based on historical statute labour and common law dedication and acceptance, and upholding its obligation to restore the road.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's By-Law No. 1218-2022, which designated the Parkdale Main Street Heritage Conservation District.

The Tribunal granted party status to three neighbouring property owners and participant status to two community organizations on consent.

A second Case Management Conference was scheduled to allow the parties to scope issues and submit a draft Procedural Order.

At a Case Management Conference for an appeal against the City of Thorold's refusal of a zoning by-law amendment, the Tribunal considered requests for party and participant status.

The Tribunal granted participant status to two individuals, finding that their concerns aligned with the City's and they did not intend to call expert evidence.

A three-day merit hearing was scheduled.

The Town of Pelham adopted an Official Plan Amendment (OPA) and Zoning By-Law Amendment (ZBLA) to regulate indoor cannabis and industrial hemp cultivation, primarily to address odour concerns.

Several cannabis producers appealed.

Prior to the hearing, Phoena withdrew its appeal, and Redecan reached a settlement with the Town, which the Tribunal approved as representing good planning.

Woodstock continued its appeal, arguing it should be recognized as an existing facility and granted a site-specific exception.

The Tribunal dismissed Woodstock's appeal, noting it had never formally filed an application and must pursue approvals through the standard process established by the new OPA.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

This was the third Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 445.

The Tribunal granted party status to Queen Street Post Inc., noting they would shelter under the issues of other parties.

A 15-day hearing was scheduled for October and November 2023, and a Procedural Order was approved in principle.

At a case management conference regarding appeals of an Official Plan Amendment and Zoning By-law Amendment, the Tribunal granted party status to Rex Clair Limited without objection.

The Tribunal also noted the assumption of an appeal by a successor in title and scheduled a further case management conference for April 2022 to consider the amendments.

The applicants appealed the Township's refusal to amend its Official Plan and Zoning By-law to permit a contractor's yard for an excavation business on prime agricultural lands.

The applicants argued the use qualified as an 'on-farm diversified use' or 'home industry'.

The Tribunal found the excavation business was a full-scale industrial operation that was not secondary to the principal agricultural use of the property.

The Tribunal held the applications were inconsistent with the Provincial Policy Statement, did not conform to the Growth Plan or the County and Township Official Plans, and dismissed the appeals.

The Tribunal held a settlement hearing regarding an appeal of the Township of King's new Official Plan.

The appellant sought site-specific modifications to permit a 48-unit townhouse development, which had been previously approved in principle.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications were consistent with the Provincial Policy Statement, conformed to the Growth Plan and Regional Official Plan, and represented good planning.

The appeal was allowed in part to modify the Official Plan accordingly.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 486 (King Spadina Secondary Plan).

Four non-appellant property owners requested party status.

The Tribunal found that three owners had a direct interest and added them as parties, contingent on filing a list of issues to shelter under.

A fourth owner, who did not make submissions prior to the OPA's adoption, was also added as a party because they owned lands within the OPA area and were directly affected.

The Tribunal directed the parties to submit a final draft Procedural Order.