3 total
Appeal of heritage designation allowed in part on consent to amend the description of heritage attributes.
The appellant appealed the City of Ottawa's by-law designating its property, a former church, as having cultural heritage value under the Ontario Heritage Act.
Prior to the hearing, the parties reached a settlement and jointly submitted that the appeal be allowed in part to amend the statement of cultural heritage value and description of heritage attributes.
The Tribunal accepted the joint submission and the uncontested expert cultural heritage evidence, allowing the appeal in part and amending the by-law to reflect the revised schedule of heritage attributes.
Appeals allowed in part to implement settlement approving OPA and ZBA for 45 residential units.
The applicant appealed the municipality's refusal of an Official Plan Amendment and Zoning By-law Amendment intended to facilitate the development of 45 stacked row dwelling condominiums.
The parties reached a settlement and presented uncontested expert planning evidence supporting the revised applications.
The Tribunal allowed the appeals in part, finding the proposal represents good land use planning, constitutes appropriate residential intensification, and is consistent with provincial and local planning policies.
Motion to amend order granted to allow payment of lower court costs from security funds.
The moving party brought a motion under Rule 59.06 of the Rules of Civil Procedure to amend a previous order of the Court of Appeal.
The moving party sought to have an unpaid Superior Court costs order of $9,000 paid out of monies the responding party had previously paid into court as security for costs.
The Court of Appeal granted the motion, finding that the moving party's original intent in seeking security for costs included the costs of the underlying application, and awarded $2,000 in costs for the motion.
