Samantha Whalen

The Ontario Land Tribunal issued a procedural order to govern the Phase 2 hearing on the merits regarding appeals by Lambs Road School Property Ltd. concerning a proposed residential redevelopment and the demolition of a heritage building in the Municipality of Clarington.

The Phase 2 hearing was scheduled for five days commencing June 22, 2026, and the procedural order set out the key dates for the exchange of witness statements, expert meetings, and other pre-hearing requirements.

The Municipality of Clarington brought a motion to dismiss the site-specific appeals of Official Plan Amendment No. 126 (OPA 126) filed by two landowners.

The municipality argued that the appellants lacked standing under section 17(36) of the Planning Act because their properties were located within a 'Future Block Master Plan' area that was expressly deferred and excluded from OPA 126.

The Tribunal found that the appellants did not meet the statutory eligibility requirements to appeal, as the adopted amendment did not apply to their lands.

The motion was granted and the appeals were dismissed.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant concerning a proposed residential redevelopment and the demolition of a heritage building in the Municipality of Clarington.

The Tribunal issued a procedural order and scheduled a two-phase merit hearing to commence in June and December 2025.

The applicants appealed the Municipality of Clarington's failure to make a decision regarding official plan amendment, zoning by-law amendment, and draft plan of subdivision applications for a proposed high-rise development.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Durham on consent.

The Tribunal denied a party status request from a neighboring developer, granting participant status instead, as the primary concern regarding building height would be adequately addressed by the municipalities.

The Tribunal approved the Procedural Order and Issues List and scheduled a five-week merit hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Magnum General Contracting Inc. against the Township of Scugog for failing to make decisions on Site Plan Approval and Draft Plan of Subdivision applications.

The Tribunal approved the final draft Procedural Order and Issues List, and scheduled a seven-day merit hearing to commence on May 26, 2025, by video.

The City of Pickering brought a motion requesting partial approval of Official Plan Amendment No. 38 (OPA 38), which facilitates redevelopment and intensification along the Kingston Road Corridor.

Several site-specific appeals had been filed against OPA 38.

Based on uncontroverted expert planning evidence, the Tribunal found that the unappealed portions of OPA 38 are consistent with the Provincial Planning Statement and conform to the Growth Plan and Regional Official Plan.

The Tribunal granted the motion and approved OPA 38 in part, noting that this partial approval would not prejudice the remaining site-specific appeals.

This was the first Case Management Conference regarding appeals against Official Plan Amendment 126 to update the Brookhill Neighbourhood Secondary Plan in Clarington.

The Tribunal granted party status to Brookhill North Landowners Inc. and confirmed statutory party status for the Municipality of Clarington.

The Tribunal dismissed the appeal of Susan Seger as she did not make oral or written submissions prior to the adoption of the plan, and directed that any challenges to the validity of the remaining appeals must be brought by motion.

A second Case Management Conference was scheduled.

A first Case Management Conference was held regarding appeals of the Regional Municipality of York's decision to approve Official Plan Amendment No. 18.6 to the City of Richmond Hill's Official Plan.

The Tribunal confirmed the validity of one appeal filed by email on the final day of the statutory period.

The Tribunal granted participant status to a local resident and party status to several corporate entities.

A motion was scheduled to determine whether the Region properly provided the Notice of Decision to two entities seeking appellant status, considering legislative changes under Bill 23 and Bill 185 that shifted approval authority from the Region to the City.

A second Case Management Conference was scheduled to further refine the issues.

The appellants appealed the non-decision of the York Regional Council regarding a complaint seeking a refund of overpaid development charges.

The dispute centered on whether York's application of its interest rate policy to frozen development charge rates resulted in a total charge that exceeded the historic level of service, contrary to the Development Charges Act.

The Tribunal found that the interest provisions of the Act do not permit a municipality to charge more than what is needed to cover the cost of services.

The appeal was allowed, and York was ordered to refund the overpaid amount of $478,158.17 plus interest.

The applicant appealed the City of Richmond Hill's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development.

The parties reached a settlement on a revised proposal for two residential towers connected by a podium.

Based on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and representative of good planning.

The Tribunal allowed the appeals in part, approving the Official Plan Amendment and approving the Zoning By-law Amendment in principle, withholding its final order pending the finalization of the zoning by-law.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a transit-oriented development at 88 Steeles Avenue West.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed Zoning By-law Amendment, which permits two high-rise residential towers, represents good planning and conforms to applicable provincial and municipal policies.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle on an interim basis, contingent on the fulfillment of specified conditions.

The applicant appealed the Town's neglect to make a decision on applications for a zoning by-law amendment and site plan approval to permit a private camp and retreat centre.

The Tribunal issued an amending decision to correct technical and typographical errors in its previous decision dated March 1, 2024.

The amendments corrected specific paragraphs detailing the gross floor area, parking spaces, and policy conformity.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of Official Plan Amendment 155 by Acorn NE Stouffville Inc. and Northcape Investments Inc. The parties worked to narrow the scope of the appeals and finalize an Issues List, particularly concerning land use designations and road alignments within the Old Elm Major Transit Station Area.

The Tribunal scheduled a 15-day hearing on the merits and approved the Procedural Order and Issues List.

The appellant appealed the Town's failure to make a decision on zoning by-law amendment and site plan applications for a proposed retreat centre.

Prior to the hearing, the parties reached a settlement on the zoning by-law amendment and requested the site plan application be adjourned sine die.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with applicable provincial and municipal plans.

The Tribunal allowed the appeal in part, approving the zoning by-law amendment in principle on an interim basis.

The Ontario Land Tribunal held a case management conference regarding an appeal by Greycan 12 Properties Inc. and 12501252 Canada Inc. against the Regional Municipality of York concerning a refund of overpaid development charges.

The Tribunal issued a procedural order setting a two-day video hearing for March 2024 and established the issues list and order of evidence.

A subsequent correction notice was issued to fix a typographical error in the teleconference access number.

The applicant appealed the Town of Aurora's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a six-storey, 155-unit purpose-built rental apartment building.

Prior to the hearing, the parties reached a settlement reducing the unit count to 147 and making other design modifications.

The Tribunal accepted uncontroverted expert planning evidence that the settlement proposal represents an appropriate intensification of an underutilized site, conforms to provincial and municipal planning policies, and represents good planning.

The appeals were allowed in part to implement the settlement.

This was the second Case Management Conference regarding appeals by 9218 Yonge Street Inc. due to the City of Richmond Hill's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a high-density mixed-use development.

The Tribunal approved the draft Procedural Order and Issues List, noting the City would finalize its issues following the applicant's resubmission.

A third Case Management Conference was scheduled for December 4, 2023, and a 12-day hearing was scheduled to commence on April 22, 2024.

The applicant appealed the City of Markham'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 10-storey residential building.

The parties reached a settlement and presented the revised instruments to the Tribunal.

Relying on uncontested expert planning evidence, the Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable official plans, and represents good planning.

The appeal was allowed and the planning instruments were approved.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for a Zoning By-law Amendment and Site Plan Control to develop a private camp in the Town of Whitchurch-Stouffville.

The Tribunal granted party status to the Regional Municipality of York and participant status to two individuals.

A 10-day hearing on the merits was scheduled to commence on January 30, 2024, and a Procedural Order was approved to govern the proceedings.

The applicant appealed the Town of Georgina's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and draft plan of condominium to permit a townhouse development.

The parties reached a settlement for a revised proposal of 46 townhouse units.

Based on the uncontroverted expert planning evidence, the Tribunal found that the revised proposal had regard for matters of provincial interest, was consistent with the Provincial Policy Statement, and conformed to the applicable official plans.

The appeals were allowed in part to implement the settlement.