M. James

The appellant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 78-unit townhouse development.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development was consistent with provincial policy, conformed to applicable official plans, and represented good planning.

The appeals were allowed in part to implement the agreed-upon amendments.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

The Applicant/Appellant requested the scheduling of a Hearing on the Merits for appeals concerning official plan and zoning by-law amendments to permit a 660-unit residential development.

The Town and other parties requested a further Case Management Conference (CMC) to review recently submitted revised plans and studies.

The Tribunal found it premature to schedule a hearing without knowing the narrowed issues and directed that a further CMC be held to allow the parties time to review the revisions and potentially reach a settlement.

The Township of Tehkummah appealed under section 64 of the Drainage Act regarding the quality of construction of the Hierons Drain.

During construction, the engineer and contractor made unauthorized changes to the approved design, which resulted in flooding on an upstream property after an unusual rainstorm.

The Tribunal found that neither the engineer nor the contractor had the authority to alter the approved design without the Township's consent.

The Tribunal ordered remedial work to correct the unauthorized changes and directed the Township to bear the costs, as the engineer and contractor were acting as its servants.