Michael Tersigni

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

The applications seek to permit a mixed-use high-density residential and retail/commercial development.

The Tribunal scheduled a six-week video hearing and directed the parties to file a finalized Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the Town of Caledon's decision to adopt Official Plan Amendment No. 285.

The Tribunal granted party status to Global Properties Inc. and related entities, and participant status to the Peel District School Board.

A second Case Management Conference was scheduled for March 6, 2026.

The Appellant appealed the City of Brampton'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 high-density mixed-use development.

At the first Case Management Conference, the Tribunal granted party status to the Peel District School Board without objection.

A second Case Management Conference was scheduled to consider a Procedural Order and scoped Issues List.

The defendants brought a motion to dismiss the plaintiff's action for delay under Rule 24.01.

The plaintiff, who was self-represented for the first 33 months of the litigation, had delayed advancing the action because the defendants claimed they were conducting a forensic audit into alleged fraudulent activity implicating the plaintiff.

The court found the delay was not inordinate, the plaintiff had a reasonable excuse due to settlement attempts and waiting for the audit, and the defendants failed to demonstrate actual prejudice.

The motion to dismiss for delay was dismissed.

The plaintiffs brought motions to compel the examination of a defendant on behalf of a corporate defendant and for further and better affidavits of documents from several defendants.

The parties agreed to dismiss the examination motion and portions of the production motion without prejudice.

The court ordered one defendant to produce certain financial documents relevant to personal enrichment and an itemized Schedule B list, but dismissed the remaining requests for further documents and better email descriptors, finding insufficient evidence of missing documents and that the current descriptors were proportionate.

The defendant moved for summary judgment to dismiss the plaintiff's action as statute-barred by the Limitations Act, 2002, concerning unpaid pension contributions.

The court found that the plaintiff ought to have known that litigation was an appropriate means to remedy her claim by October 27, 2011, given clear denials of liability from the defendant and the plaintiff's representation by counsel.

As the action was commenced on September 10, 2015, it was outside the two-year limitation period.

The motion for summary judgment was granted, and the action was dismissed.

The Kingston Fire and Rescue Services (KFRS) issued an Inspection Order requiring the Algonquin and Lakeshore Catholic District School Board to construct a fire separation in a school's stairwells.

The School Board appealed the order but completed the required work prior to the appeal's final disposition.

KFRS brought a motion to dismiss the appeal on the grounds of mootness.

The Fire Safety Commission denied the motion, finding that the live controversy regarding KFRS's authority to issue the order remained unresolved.

The Commission further held that even if the matter were moot, it would exercise its discretion to hear the appeal due to the important public safety issues and broader implications for other schools.