Marc Kemerer

The Ministry of Natural Resources and Forestry referred an application by the applicant for a Class A, Category 2 quarry licence to the Ontario Land Tribunal.

At the second Case Management Conference, the Tribunal finalized the list of objectors, noted ongoing settlement discussions, scheduled a three-day video hearing, and approved the Procedural Order and Issues List.

The appellant appealed the City of Vaughan's adoption of an Official Plan Amendment and Zoning By-law Amendments that would permit a multi-phased high-rise mixed-use development.

Following a successful Tribunal-assisted mediation, the parties reached a settlement.

The Tribunal accepted uncontested expert planning evidence that the revised applications are consistent with provincial policies and represent good land use planning.

The Tribunal approved the amendments in principle, withholding its final order until the City amends its noise by-law to provide a site-specific exemption for the appellant's nearby distribution facility.

The Ahmadiyya Muslim Jama'at Canada applied for an Official Plan Amendment and Zoning By-law Amendment to permit the development of a cemetery and accessory uses on lands designated as a prime agricultural area.

Neighbouring landowners appealed the municipal approvals under the Planning Act and the Funeral, Burial and Cremation Services Act.

The Tribunal found that the proposed cemetery is consistent with the Provincial Policy Statement, as there is an identified need for an Ahmadiyyan cemetery and no reasonable alternative locations exist.

The Tribunal also found that hydrogeological and traffic impacts can be appropriately managed through Site Plan Control.

The Tribunal concluded that the establishment of the cemetery is in the public interest, noting the Ahmadiyyan community's lack of a faith-based cemetery in Ontario.

The Planning Act appeals were allowed in part to implement the applicant's requested modifications to the planning instruments, and the FBCSA appeals were dismissed.

The applicant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 29-storey mixed-use building.

At a settlement hearing, the Tribunal considered uncontested expert planning evidence supporting the revised proposal.

The Tribunal found the proposed amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good planning.

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

The applicants appealed a condition imposed by the Township of Muskoka Lakes on a provisional consent to sever a waterfront property.

The disputed condition required an agreement to use specific soils or technologies for phosphorus retention in the septic system.

At a settlement hearing, the parties jointly requested approval of the consent without the soil condition.

Relying on uncontroverted expert planning evidence, the Tribunal found the condition unreasonable as it lacked clarity and was superseded by the Building Code Act.

The Tribunal approved the revised consent, finding it consistent with the Provincial Policy Statement and in conformity with applicable official plans.

The applicant sought a Category 3 - Class 'A' Licence to permit extraction of aggregate in an above water pit.

Several local residents objected, raising concerns about environmental impacts, noise, dust, and traffic safety.

The Tribunal accepted the uncontradicted expert planning evidence that the proposed pit, subject to site plan conditions and mitigation measures, meets the criteria under section 12 of the Aggregate Resources Act.

The Tribunal directed the Minister to issue the licence.

The Ontario Land Tribunal held a first Case Management Conference regarding an application by Brant Aggregates Ltd. for a Class A, Category 2 quarry licence.

The Ministry of Natural Resources and Forestry referred the application and objections to the Tribunal.

During the conference, several objectors requested and were granted a change in status from party to participant.

The Tribunal denied participant status to two late requesters, including the County, finding their participation would not assist the Tribunal or would be prejudicial to the applicant.

The Tribunal scheduled a further Case Management Conference and directed the parties to prepare a draft Procedural Order and consolidated Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.

At a Case Management Conference for appeals against the District Municipality of Muskoka's approval of the Township of Muskoka Lakes' new Official Plan, several community groups and individuals requested party or participant status.

Applying the Oakville Factors and the requirements of the Planning Act, the Tribunal granted party status to four cottage and stakeholder associations, finding their involvement would assist in the effective adjudication of the issues without causing undue prejudice.

The Tribunal denied party status to two individuals, finding their concerns were either site-specific or better suited for participant status, and granted participant status to one of them.

The appellants appealed the City of Vaughan's approval of an Official Plan Amendment and Zoning By-law Amendment that facilitated a high-rise residential development.

The appellants, who owned adjacent properties, primarily objected to the proposed alignment of a new stratified north-south public local road, arguing it would inequitably restrict their own future development potential.

The Tribunal found that the approved road alignment, which was the City's preferred option following a transportation master plan update, represented good planning and was in the public interest.

The Tribunal also noted that the approved development included a significant community benefits package that could be jeopardized by altering the road alignment.

The appeals were dismissed.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The appellant appealed the Township's failure to make a decision on a zoning by-law amendment application to permit an aggregate extraction operation.

At the third case management conference, the appellant requested that a merit hearing be scheduled for the zoning appeal, as the related Aggregate Resources Act (ARA) application was delayed due to the Ministry of Natural Resources and Forestry adding three First Nations to the duty to consult list.

The Township and an added party opposed, arguing that the zoning and ARA matters should be consolidated to avoid duplicative proceedings.

The Tribunal agreed that consolidation was appropriate and that it was premature to proceed with the zoning hearing while the ARA application remained pending.

The Tribunal adjourned the matter sine die until the ARA license is issued or denied.

The Tribunal held a settlement hearing regarding appeals of the new official plan for the City of Burlington concerning aggregate resource policies.

Based on the uncontroverted expert planning evidence, the Tribunal approved the proposed modifications to the official plan, finding they satisfy statutory requirements, are consistent with the Provincial Policy Statement, conform to provincial and regional plans, and represent good planning.

The appeals were allowed in part to give effect to the settlement.

A Case Management Conference was held regarding appeals against the Town of Bradford West Gwillimbury's approval of a zoning by-law amendment, official plan amendment, and cemetery establishment for a property owned by Ahmadiyya Muslim Jama’at Canada.

The Tribunal ordered that the appeals under the Planning Act and the Funeral, Burial and Cremation Services Act be heard together, added parties to the proceedings, and approved a revised Procedural Order and Issues List for the upcoming 17-day merit hearing.

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.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

The moving party brought a motion to dismiss an appeal of a zoning by-law amendment without a hearing under section 34(25) of the Planning Act.

The amendment facilitated the creation of four residential lots on an island and implemented environmental protections.

The Tribunal found that the appellants' notice of appeal merely quoted policies from the Provincial Policy Statement and the Official Plan without explaining how the by-law was inconsistent or failed to conform with them.

Relying on the East Beach decision, the Tribunal concluded the appeal did not disclose any genuine, legitimate, and authentic planning grounds and dismissed the appeal.

The appellant appealed the Township's failure to make a decision on a zoning by-law amendment application to permit an aggregate extraction operation.

At a second Case Management Conference, the Tribunal considered whether to schedule a merit hearing or await the referral of a related licensing application under the Aggregate Resources Act.

The Tribunal declined to set hearing dates, finding it appropriate to schedule a third CMC to allow time for the related matter to be referred and consolidated, thereby ensuring an efficient and comprehensive hearing.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.