Isaiah Banach

Multiple appellants appealed the Town of Niagara-on-the-Lake's approval of Official Plan Amendment No. 99, which adopted the Glendale Secondary Plan.

Prior to the hearing, the parties reached settlement agreements that proposed various policy and mapping modifications to the Secondary Plan, including adjustments to land use designations, building heights, and density permissions.

Based on uncontested expert land use planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Planning Statement, conformed to applicable official plans, and represented good planning.

The appeals were allowed in part to approve the amended Secondary Plan.

This decision arises from the first Case Management Conference regarding appeals by the applicant against the municipality for failing to adopt an Official Plan Amendment and Zoning By-law Amendment for a 55-storey residential tower.

The Tribunal granted party status to Canadian National Railway Company and Curated North Inc. on consent.

Participant status was granted to two adjacent landowners/residents, but denied to a third individual who failed to provide sufficient information or attend the conference.

The Tribunal scheduled a 12-day merit hearing and a one-day motion hearing, and directed the filing of a finalized Procedural Order.

The Tribunal held a second Case Management Conference regarding appeals of the Town of Niagara-on-the-Lake's Official Plan Amendment 99 (Glendale Secondary Plan).

The Tribunal granted participant status to an individual, denying her request for party status as it did not meet the requirements of Rule 8.2.

The parties advised that settlement agreements had been reached or were near completion.

The Tribunal scheduled a settlement hearing and/or third Case Management Conference for March 6, 2026, and set deadlines for the submission of settlement materials and procedural documents.

The Tribunal held a settlement hearing regarding appeals of the City of Kawartha Lakes' new Rural Zoning By-law.

The appellants, Flato and Mariposa, sought site-specific amendments to recognize existing uses such as cottages, marinas, and campgrounds, and to correct mapping errors.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Planning Statement and in conformity with the Official Plan.

The Tribunal allowed the appeals in part, approving the settlements, and adjourned the remaining unresolved portions of the Flato appeal.

The applicant appealed the City's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision to permit a high-density mixed-use development.

Prior to the hearing, the parties reached a settlement on a revised proposal.

Based on uncontested expert planning evidence, the Tribunal found the revised amendments consistent with provincial policies and local official plans.

The appeals were allowed in part on an interim basis, with final approval withheld pending the submission of the final zoning by-law and subdivision conditions.

The appellant appealed the municipality's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a residential development.

The sole remaining issue was whether the development would negatively impact the Garden Hill Earth Science Area of Natural and Scientific Interest (ANSI).

Prior to the re-hearing, the Ministry of Natural Resources adjusted the ANSI boundary, removing the subject property.

The Tribunal accepted uncontroverted expert evidence that the development would have no negative impacts, was consistent with the Provincial Policy Statement, and conformed to the applicable official plans.

The appeals were allowed in part.

This was a first Case Management Conference regarding appeals of Official Plan Amendment No. 95 for the Glendale Secondary Plan.

The Tribunal granted non-appellant party status jointly to White Oaks Tennis World Inc. and 1526882 Ontario Inc. A request for party status by another individual was deferred to the next CMC due to short notice.

The Tribunal scheduled a second CMC and directed the parties to file a draft Procedural Order and finalized Issues Lists.

The applicants appealed the City of Hamilton's failure to make a decision on a Zoning By-law Amendment application for a mixed-use development at 393 Rymal Road West.

Following a settlement between the parties, the Tribunal held an uncontested hearing.

Based on uncontested expert land use planning evidence, the Tribunal found the modified amendment was consistent with the Provincial Planning Statement, conformed to the Urban Hamilton Official Plan, and represented good planning.

The appeal was allowed in part and the Zoning By-law was amended accordingly.

The Tribunal held a second Case Management Conference regarding appeals by Bovaird West Holdings Inc. against the City of Brampton's failure to make decisions on applications for a zoning by-law amendment and a draft plan of subdivision.

The parties disputed whether certain issues proposed by CN, relating to the interpretation and relevance of specific provincial and municipal planning policies, should be included on the Issues List.

The Tribunal ruled that the proposed issues pertain to land use planning policies within its purview and allowed them to be included, noting that their relevance would be appropriately adjudicated at the hearing.

The Tribunal also granted a request to adjourn the previously scheduled nine-day hearing, rescheduling it as a five-day hearing in July 2025, and approved a revised Procedural Order.

The appellant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit a residential development.

The subject lands contained a portion of a Provincially Significant Area of Natural or Scientific Interest (ANSI).

The municipality brought a motion arguing the Tribunal lacked jurisdiction to determine the features of the ANSI, which was dismissed.

On the merits, the Tribunal found the appellant failed to demonstrate that the proposed development would have no negative impact on the natural features or ecological functions of the ANSI, as the appellant's expert evidence focused exclusively on the subject lands rather than the ANSI as a whole.

The appeals were dismissed.

This was the second Case Management Conference regarding appeals to the City of Kawartha Lakes' new Rural Zoning By-law.

One appellant withdrew, and another reached a partial settlement.

The Tribunal directed that the remaining appeals be heard separately and scheduled a third Case Management Conference for August 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals of the City of Kawartha Lakes' new Rural Zoning By-law, which consolidates 14 existing by-laws.

The Tribunal granted participant status to one individual, consolidated the Mariposa appeals, and scheduled a second Case Management Conference as well as merit hearings for specific appellants.

Procedural directions were issued for the submission of Draft Procedural Orders and Issues Lists.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 60-storey mixed-use building.

Prior to the hearing, the parties reached a settlement for a revised 36-storey residential building.

Based on the uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of several conditions.

The applicant appealed the Township of Champlain's refusal to adopt an Official Plan Amendment and Zoning By-law Amendment to permit a townhouse and apartment development.

At the second Case Management Conference, the parties advised that a settlement proposal had been provided by CN Rail and an agreement was expected within 30 days.

The Tribunal scheduled a third Case Management Conference to either hear a draft settlement or finalize a procedural order for a merits hearing.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development.

The Ontario Land Tribunal held a second case management conference and issued a procedural order to govern the upcoming five-day video hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Park View Homes against the Township of Champlain's failure to adopt an Official Plan Amendment and Zoning By-law Amendment for a proposed townhouse and apartment development.

The Township and the United Counties of Prescott and Russell did not attend and indicated they would not participate in the proceedings.

Canadian National Railway Company sought and was granted party status on consent, as the proposed development abuts its rail line.

A second Case Management Conference was scheduled to finalize a Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference concerning appeals against a municipality's failure to make a decision on applications for a Zoning By-Law Amendment and Draft Plan of Subdivision.

The applications propose the development of 14 freehold townhouses.

The Tribunal approved the final Procedural Order and Issues List, scheduled a seven-day hearing of the merits for April 2025, and set a telephone conference call for January 2025 to receive a status report on settlement discussions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of a brownfield site.

The parties reported progress toward a settlement and requested the scheduling of a further CMC and a five-day merit hearing.

The Tribunal approved the proposed path forward, scheduled the requested events, and approved the final Procedural Order.

The appellants appealed the City of Richmond Hill's failure to make decisions on Official Plan and Zoning By-law amendment applications to permit a high-density mixed-use development with two towers.

The parties reached a settlement modifying the applications to include tower stepbacks and securing mitigation agreements with the Canadian National Railway Company.

Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with provincial policies and good planning, allowing the appeals in part to approve the amendments.

The appellants appealed the City of Hamilton's failure to make a decision on a zoning by-law amendment application for a mixed-use development.

At the first Case Management Conference, the Tribunal noted that the parties were participating in a mediation assessment and planned to engage in settlement discussions.

The Tribunal scheduled a second Case Management Conference to allow time for these discussions.