Lee Parkin

The appellants appealed the Town of Innisfil's Community Benefit Charge By-Law No. 040-23 under section 37(17) of the Planning Act.

At the first Case Management Conference, the parties requested Tribunal-led mediation to narrow or resolve the issues in dispute.

The Tribunal ordered the matter held in abeyance pending the outcome of mediation and directed the parties to provide a status update in 120 days.

The applicant appealed the Town of Innisfil Committee of Adjustment's refusal of minor variance applications to permit a third accessory dwelling unit and to allow an existing unit with a reduced gross floor area.

The Tribunal accepted uncontroverted expert planning evidence that the variances were consistent with provincial policies, maintained the general intent of the official plans and zoning by-law, were desirable for the appropriate development of the land, and were minor in nature.

The appeal was allowed and the variances were authorized subject to a tree preservation condition.

The applicant alleged discrimination and reprisal based on disability after the respondent municipality removed a footbridge she had built on municipal property and created a speed bump at the end of her driveway.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.

The evidence showed the footbridge was removed due to neighbour complaints, sight line obstructions, and being on municipal property without permission, not because of the applicant's disability.

The applicant also failed to establish a disability-related need for the footbridge or that the driveway work was discriminatory or retaliatory.