Richard J. Taylor

Multiple appeals were filed regarding the City of Kawartha Lakes 2012 Official Plan and its Secondary Plans.

The parties reached a settlement resolving the remaining phases of the appeals, including site-specific zoning by-law amendments and modifications to the Bobcaygeon and Omemee Secondary Plans.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications and amendments were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and represented good planning.

The Tribunal approved the settlement and modified the planning instruments accordingly.

The Ontario Land Tribunal held a Case Management Conference regarding appeals for a proposed 20-lot residential subdivision due to the municipality's failure to make a decision.

The Tribunal granted party status to an abutting landowner concerned with stormwater management and participant status to another individual.

The Tribunal approved the Procedural Order and Issues List and scheduled a three-day video hearing on the merits.

This decision arises from a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes Official Plan and its Secondary Plans.

The Tribunal received status updates on the various phases of the hearing, including ongoing settlement discussions, the withdrawal of certain appeals, and the scheduling of future hearing dates.

A further Case Management Conference was scheduled to continue progressing the matters toward potential settlement prior to the merit hearing.

A police officer commenced a civil action alleging that the police association breached its duty of fair representation in relation to disciplinary charges under the Police Services Act.

The association brought a Rule 21 motion to dismiss the claim for lack of jurisdiction, arguing that the dispute arose from the employment relationship governed by a collective agreement.

The court applied the Weber framework and examined the essential character of the dispute, concluding that the allegations concerned the association’s representation duties within the collective bargaining regime.

Because the dispute required interpretation and application of the collective agreement and related statutory scheme, jurisdiction lay exclusively with a labour arbitrator.

The court therefore held it lacked jurisdiction to hear the action.

The applicant appealed a decision by Tarion Warranty Corporation denying warranty coverage on the basis that the added party was not a 'builder' under the Ontario New Home Warranties Plan Act.

The applicant had entered into an agreement of purchase and sale for a new home, but also entered into side contracts with the site supervisor for extra work.

The Tribunal found that the added party was a builder because it remained in control of the construction and provided everything necessary to deliver a completed home.

However, the Tribunal also found that the side contracts with the site supervisor constituted work and material supplied by the owner, and any defects in that work were excluded from warranty coverage under s. 13(2)(a) of the Act.

Ten employees brought a complaint alleging their employer bargained in bad faith contrary to section 14 of the Labour Relations Act by negotiating amendments to a pension plan with their union that affected their individual voluntary contributions.

The employer brought a preliminary motion to dismiss the complaint for lack of standing.

The Board dismissed the complaint, holding that the duty to bargain in good faith is owed exclusively to the trade union as the certified bargaining agent, and individual employees have no standing to bring a section 14 complaint against the employer.