Geoffrey Daley

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

Prior to the hearing, the parties reached a settlement based on a revised 18-storey proposal.

The Tribunal accepted uncontroverted expert planning and acoustic evidence that the revised ZBA is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the new City Official Plan, and adequately mitigates noise from the nearby railway.

The Tribunal dismissed the OPA appeal as moot and allowed the ZBA appeal in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals from the City of Brantford's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 16-storey mixed-use building.

The Tribunal granted party status to Canadian National Railway Company on consent.

The Tribunal directed the parties to finalize the Procedural Order and Issues List and scheduled a 9-day video hearing.

The plaintiff brought a motion for summary judgment for unpaid invoices relating to custom millwork installed in two homes renovated by the defendants.

The court found summary judgment appropriate for part of the claim, awarding the plaintiff damages for work actually delivered, less a set-off for conceded deficiencies.

The court dismissed the remainder of the claim for undelivered work due to the plaintiff's failure to provide evidence of its actual damages or costs incurred.

The issue of whether a trust was created under the Construction Lien Act from the sale proceeds of the homes was directed to a mini-trial due to insufficient evidence on the record.