Zarah Walpole

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the new Official Plan for the Township of Clearview.

One appellant reached a settlement in principle, and the Tribunal scheduled a written hearing to consider it.

The remaining appellants requested a further Case Management Conference to continue settlement discussions and address technical issues.

The Tribunal granted the requests and scheduled a third Case Management Conference.

The appellant appealed the Town's Official Plan, Comprehensive Zoning By-law, and a Site Specific Zoning By-law to facilitate an 88-unit townhouse condominium development.

The parties reached a settlement and requested the Tribunal to consolidate the appeals and approve the planning instruments.

Relying on uncontroverted expert planning evidence, the Tribunal found the proposed development consistent with provincial policy, in conformity with applicable official plans, and representative of good land use planning.

The Tribunal consolidated the appeals and allowed them in part to implement the settlement.

The Town of Wasaga Beach brought a motion to dismiss an appeal by Achille Developments Ltd. concerning applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Town argued the appeal had no reasonable prospect of success under section 19(1)(c) of the Ontario Land Tribunal Act because the Town Council passed a resolution categorically refusing to assume any public works or enter into development agreements for the proposed subdivision.

The Tribunal dismissed the motion, finding that a municipal resolution refusing to provide servicing does not automatically eliminate the reasonable prospect of success of an appeal on land use planning grounds, and the appellant is entitled to a full hearing on the merits.

This was the first Case Management Conference regarding appeals by three appellants against the new Official Plan for the Township of Clearview.

The parties requested a second CMC to allow related site-specific appeals and applications to proceed, which may be consolidated with or render moot the current appeals.

The Tribunal scheduled a second CMC for October 17, 2025, and directed the parties to provide a draft Procedural Order or status update by October 10, 2025.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Achille Developments Ltd. for a proposed 364-unit residential subdivision in the Town of Wasaga Beach, following the Town's failure to make decisions on official plan, zoning, and subdivision applications.

The Tribunal granted party status to the County of Simcoe and Wasaga Sands Heritage Group Ltd., and participant status to several individuals.

A 15-day hearing was scheduled for September 2025.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by Old Second South Inc. against the Township of Springwater's failure to make decisions on applications for a zoning by-law amendment and a proposed plan of subdivision.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence.

The appellant appealed the Township's adoption of Official Plan Amendment No. 45 and Zoning By-law Amendment No. 2022-73, which sought to permit limited development on vacant lands subject to new septic and municipal water requirements.

Prior to the hearing, the parties reached a settlement modifying OPA 45 to clarify hydrogeological protections, and the appellant withdrew the zoning appeal.

Relying on uncontroverted expert planning evidence, the Tribunal found the modified OPA 45 consistent with provincial policies and the County Official Plan, and approved it as modified.

The appellant appealed the Township's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit the expansion of a mineral aggregate operation.

At the first Case Management Conference, the Tribunal granted party status to the County of Simcoe and a local community coalition.

The Tribunal declined to schedule merit hearing dates, finding it premature given the addition of new parties, the lack of finalized issues lists, and an outstanding related application under the Aggregate Resources Act.