Andrea Skinner

The Municipality of Thames Centre and the County of Middlesex brought an uncontested motion for directions to approve certain modifications to Official Plan Amendment No. 27 (OPA 27).

The modifications resolved the appeal by Fred Jamieson regarding Additional Residential Units and re-designated specific lands from Agricultural to Rural Industrial.

The Tribunal accepted uncontroverted expert planning evidence that the modifications were consistent with the Provincial Planning Statement 2024 and represented good planning.

The Tribunal approved the modifications and brought into effect the policies not subject to the remaining appeal by Sifton Properties Limited, which was adjourned sine die.

The appellant appealed the approval of Official Plan Amendment No. 10 (OPA 10), which expanded the settlement area boundary of the Village of Lucan.

The parties reached a settlement agreement to further amend OPA 10 by redesignating the subject agricultural lands to a Residential Special Policy Area to accommodate future residential growth.

Based on uncontested expert planning evidence, the Tribunal found the settlement agreement consistent with the Provincial Planning Statement 2024 and in conformity with the applicable official plans.

The appeal was allowed to approve OPA 10 as modified by the settlement.

The Tribunal held a Case Management Conference regarding appeals against the City of Brantford's new Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal scheduled future hearing dates and approved a procedural order.

Additionally, the Tribunal heard and approved a settlement between BSC Landco Inc. and the City regarding the property at 555 Greenwich Street.

Based on uncontested planning evidence, the Tribunal allowed the appeal in part to rezone a portion of the property from 'Core Natural' to a 'Holding - General Employment' zone, finding it consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The applicant appealed the non-decision of its Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications to permit residential development in Ingersoll.

The parties reached a settlement on most issues, leaving only the appropriate parking rate for two proposed apartment buildings in dispute.

The Tribunal preferred the applicant's transportation expert evidence, finding that the proposed parking rate of 1.19 spaces per unit was optimal given the site's walkability and bikeability.

The appeals were allowed in part and the planning instruments were approved.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Brantford's Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal granted requests from several parties to withdraw their appeals.

Additionally, the Tribunal granted a request by Losani Homes to consolidate its site-specific appeals of the Comprehensive Zoning By-law with its appeals of privately-initiated applications for the same properties, finding it would be an effective and efficient use of resources.

Further Case Management Conference dates were scheduled.

The claimant brought a claim for compensation arising from the expropriation of a portion of its lands by the Ministry of Transportation.

Following a status hearing, the Ontario Land Tribunal issued a procedural order on consent, scheduling a seven-day hearing on the merits to commence in November 2025 and setting out the procedural deadlines for the proceeding.

At a Case Management Conference, the Ontario Land Tribunal considered requests for participant status and the consolidation of three appeals relating to a proposed 38-unit residential redevelopment on a property subject to a heritage designation.

The Tribunal granted participant status to several neighbouring property owners on consent.

Finding that the appeals involved the same property, proposed development, and common heritage issues, the Tribunal consolidated the appeals to ensure an efficient and cost-effective hearing.

A procedural order and issues list were also approved.

At a Case Management Conference regarding a land compensation claim under the Expropriation Act, the Ontario Land Tribunal issued procedural directions.

The parties advised that the estimated hearing length could be reduced from 40 to 29 days.

The Tribunal ordered the parties to file written submissions on their preferred mode of hearing and set a deadline for any motions to limit or exclude evidence.

The hearing was rescheduled to commence on June 9, 2025, and end on July 18, 2025.

The City of Brantford brought a motion to scope appeals of its new Comprehensive Zoning By-law (CZBL) and to bring the unappealed portions of the CZBL into full force and effect on a city-wide basis.

The appellant parties consented to scoping their appeals to their specific sites or areas.

Relying on uncontested planning evidence, the Tribunal found that granting the motion represented good planning as it would streamline the development process.

The Tribunal granted the motion pursuant to s. 34(31) of the Planning Act, bringing the CZBL into force save and except for the specific properties under appeal.

The parties attended a case management conference regarding a land compensation claim under the Expropriation Act.

On consent, the parties requested an amendment to the previously issued procedural order.

The Tribunal rescinded the prior order and issued a revised procedural order setting out the schedule for documentary discovery, expert reports, and a 40-day hearing commencing in June 2025.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 4, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to correct the spelling of counsel Diana Doracin's name in the appearances list.

In all other respects, the original decision and order remain unchanged.

This was the first Case Management Conference regarding multiple appeals against the City of Brantford's new Comprehensive Zoning By-law No. 124-2024 and Official Plan Amendment 11.

The Tribunal granted party status to several entities on consent.

The parties agreed to schedule a Motion Hearing to further scope the issues, which may lead to the resolution or withdrawal of some appeals.

The Tribunal scheduled the Motion Hearing for March 4, 2025, and a second Case Management Conference for April 30, 2025.

The claimant sought compensation under the Expropriations Act for the expropriation of a portion of its commercial plaza property by Metrolinx for a grade separation project.

The Tribunal determined that the highest and best use of the property was a standalone mixed-use residential redevelopment, rejecting Metrolinx's argument that an assemblage of adjoining properties was required.

The Tribunal awarded $4,570,000 for the market value of the fee simple taking, declining to apply the 'before and after' valuation method under section 14(3) of the Act.

The Tribunal also awarded $50,000 for a temporary easement and $1,321,061 for injurious affection caused by the grade separation and loss of access.

Interest was awarded at 6% from the date Metrolinx acquired legal possession.

The appellant appealed the City of Toronto's decision to pass a designation by-law for a property under the Ontario Heritage Act.

At the first Case Management Conference, the parties indicated they were engaging in private settlement discussions and that a separate development application was being considered concurrently.

The parties jointly requested a second Case Management Conference to allow time for resolution or to identify pertinent issues.

The Tribunal granted the request, scheduled a second Case Management Conference, and directed the parties to provide a draft Procedural Order or status update prior to the next hearing.

At a Case Management Conference, the Ontario Land Tribunal granted party status to Huron Grain Processing Inc. on consent.

The Tribunal also ordered that six related appeals concerning official plan amendments, zoning by-law amendments, a draft plan of subdivision, and a consent application be consolidated and heard together.

A 15-day merit hearing was scheduled and a Procedural Order was approved.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Town of Whitby's adoption of Official Plan Amendment 130, which introduces policies for residential infill and intensification.

One set of appellants withdrew their appeal.

The remaining parties reported productive discussions and optimism about reaching a settlement.

The Tribunal scheduled a third Case Management Conference to allow the parties time to finalize a settlement or request a hearing date.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Barrie's Development Charges By-law 2023-74.

The parties reached an agreement on the terms of a Procedural Order and Issues List.

The Tribunal issued the Procedural Order on consent, setting a four-week hearing on the merits to commence in September 2024.

The Ontario Land Tribunal held a case management conference regarding an appeal by 2541005 Ontario Limited against the Township of Oro-Medonte's Zoning By-law No. 2020-046, which restricts the growing of cannabis and industrial hemp crops in agricultural zones.

On consent of the parties, the Tribunal issued a Procedural Order setting the schedule and rules for an 8-day video hearing commencing on July 15, 2024.

The Tribunal held a first Case Management Conference regarding appeals of the Town of Whitby's Official Plan Amendment No. 126.

The appellants, owners of properties on Brock Street North, appealed the OPA to protect their respective mixed-use redevelopment proposals.

Bara Group (Whitby) Inc. requested and was granted party status.

The Tribunal scheduled a second Case Management Conference for June 28, 2024, to allow the parties further time for dialogue and to present options to Town Council.