Jameson Pritiko

The appellants appealed a condition imposed by the Town of Leamington on a consent to sever application, which required the closure of access to a county road.

At the first Case Management Conference, the Ontario Land Tribunal scheduled a two-day video hearing and set deadlines for the submission of additional traffic study evidence.

The parties also indicated an intention to seek Tribunal-led mediation once the evidence is submitted.

The applicants appealed the refusal of a minor variance by the Municipality of Leamington's Committee of Adjustment.

The variance sought to increase the maximum permitted lot coverage from 35% to 39.05% to facilitate the construction of a new single detached dwelling and accessory building on an irregular pie-shaped lot.

The Ontario Land Tribunal found that the variance met the four tests under the Planning Act, noting that the design promoted safe and orderly development without adversely impacting neighbouring properties.

The appeal was allowed and the variance authorized.

The appellant appealed a permanent injunction that prevented the operation of his tavern, Paradise Night Club, without a municipal business license.

The Court of Appeal dismissed the appeal, affirming the application judge's decision.

The court found that the municipal Business Licensing By-law applied to the appellant's business and did not conflict with the exclusive jurisdiction of the Alcohol and Gaming Commission of Ontario under the Liquor Licence and Control Act, 2019.

The court reiterated that a business can be required to hold multiple licenses and that an injunction to enforce a bylaw should only be refused in exceptional circumstances, which were not present in this case.

The applicant applied for a liquor sales licence for premises in Leamington.

The Municipality of Leamington objected, arguing that the applicant was acting in concert with the property owner, who had a significant history of non-compliance with municipal and provincial laws, including fire safety violations.

The Registrar issued a Notice of Proposal to Review, and the applicant requested a hearing.

The Tribunal found that while the property owner's past compliance record was poor, the evidence was insufficient to prove on a balance of probabilities that the applicant and the property owner were acting in concert.

The Tribunal directed the Registrar to issue the licence.