Warren Mar

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant concerning the municipality's failure to adopt a requested official plan amendment and neglect to make a decision on a zoning by-law amendment application.

The applications seek to permit a 7-storey residential apartment building.

The order sets out the hearing dates, issues list, and procedural deadlines.

The appellants appealed the passing of a zoning by-law by the Town of Whitby.

During a telephone conference call, the parties advised the Tribunal that technical work was nearing completion and requested the scheduling of a settlement hearing.

The Tribunal scheduled a one-day settlement hearing and provided directions for the submission of settlement materials.

The appellants appealed the Town of Whitby's passing of a zoning by-law that would permit the construction of two hotels on a property located near industrial uses.

At the first Case Management Conference, the appellants expressed interest in Tribunal-led mediation to address concerns regarding noise, air quality, dust, and visual impacts on their industrial operations.

The Tribunal agreed that mediation had merit and scheduled a further Telephone Conference Call to receive an update on potential mediation and to establish an Issues List and Procedural Order.

The Town of Aurora brought an application seeking a declaration on whether the Municipal Conflict of Interest Act applies to deem an indirect pecuniary interest to a councillor appointed to the board of a non-share capital corporation.

The court held that section 2 of the Act does not apply because a non-share capital corporation does not offer securities to the public.

Furthermore, the court found that even if an indirect pecuniary interest existed, the exemptions under subsections 4(h) and 4(k) would apply, as the appointment serves a public duty and any interest would be too remote to influence the councillor.