Mark Adrian deJong

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal received status updates indicating that several site-specific appeals had been resolved, while constructive discussions continued on the remaining city-wide and site-specific appeals.

On consent of the parties, the Tribunal scheduled a second multi-day Case Management Conference for March 2026 to further organize the proceedings and establish a Procedural Order for any unresolved issues.

The Tribunal held a Case Management Conference regarding appeals against the City of Brantford's new Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal scheduled future hearing dates and approved a procedural order.

Additionally, the Tribunal heard and approved a settlement between BSC Landco Inc. and the City regarding the property at 555 Greenwich Street.

Based on uncontested planning evidence, the Tribunal allowed the appeal in part to rezone a portion of the property from 'Core Natural' to a 'Holding - General Employment' zone, finding it consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The applicants appealed the refusal of a zoning by-law amendment to construct a new detached dwelling.

Following a case management conference, the Tribunal issued a procedural order.

On consent of the parties, the Tribunal amended the procedural timelines leading up to the hearing scheduled for August 2025.

The applicants appealed the City of Niagara Falls' refusal of an application to amend the Zoning By-law to permit the construction of a new detached dwelling.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the procedures leading up to a five-day video hearing scheduled to commence on August 11, 2025.

The appellant requested a hearing date for its appeal of the City of Guelph's Comprehensive Zoning By-law regarding parking requirements.

The City opposed, arguing that one of the issues was already litigated in a recent minor variance appeal and scheduling it would constitute issue estoppel.

The Tribunal directed that the overlapping issue be held in abeyance pending the minor variance decision, and scheduled a written settlement hearing for the remaining agreed-upon issues.

The City of Brantford brought a motion to scope appeals of its new Comprehensive Zoning By-law (CZBL) and to bring the unappealed portions of the CZBL into full force and effect on a city-wide basis.

The appellant parties consented to scoping their appeals to their specific sites or areas.

Relying on uncontested planning evidence, the Tribunal found that granting the motion represented good planning as it would streamline the development process.

The Tribunal granted the motion pursuant to s. 34(31) of the Planning Act, bringing the CZBL into force save and except for the specific properties under appeal.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 4, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to correct the spelling of counsel Diana Doracin's name in the appearances list.

In all other respects, the original decision and order remain unchanged.

The Tribunal held a first Case Management Conference regarding appeals by Losani Homes (1998) Ltd. against the City of Brantford's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit a residential development with a townhouse block.

On consent of the parties, the Tribunal approved a two-phase hearing process, with Phase 1 focusing on the threshold issue of whether a portion of the subject lands are appropriately designated Core Natural Area.

The Tribunal issued a Procedural Order for the Phase 1 hearing, scheduled for 10 days in November and December 2025.

This was the first Case Management Conference regarding multiple appeals against the City of Brantford's new Comprehensive Zoning By-law No. 124-2024 and Official Plan Amendment 11.

The Tribunal granted party status to several entities on consent.

The parties agreed to schedule a Motion Hearing to further scope the issues, which may lead to the resolution or withdrawal of some appeals.

The Tribunal scheduled the Motion Hearing for March 4, 2025, and a second Case Management Conference for April 30, 2025.

The applicants appealed a Committee of Adjustment decision refusing minor variances to permit the construction of a residential dwelling with reduced Minimum Distance Separation (MDS) setbacks from neighbouring livestock facilities.

The subject property is zoned Agricultural but is unsuitable for farming due to its topography.

The Tribunal accepted uncontroverted expert planning evidence that the variances met the four-part test under the Planning Act, noting that the applicants and neighbours are Old Order Mennonites accustomed to farming odours.

The appeal was allowed in part, and the variances were authorized subject to conditions requiring a development agreement with an odour warning clause and written acknowledgements from neighbouring farm owners.

The applicants appealed the Town's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision to permit a 141-unit residential subdivision.

At a status hearing, the parties advised they were continuing settlement discussions and requested an adjournment sine die.

To ensure proper docket management, the Tribunal instead scheduled a further status hearing by telephone conference call for March 2025.

Dorchester Property Holdings Inc. appealed the City of Niagara Falls' refusal to enact a Zoning By-law Amendment to permit a five-storey, 74-unit apartment building.

The City and the applicant reached a settlement, but a residents' group opposed the development, arguing it was incompatible with the neighbourhood and not transit-supportive.

The Tribunal allowed the appeal, finding that the proposed development is within a strategic growth area, conforms to local and provincial planning policies, and employs appropriate design measures to ensure compatibility with the existing neighbourhood.

The Ontario Land Tribunal issued a procedural order on consent to govern the upcoming hearing regarding appeals by the applicant against the municipality's failure to adopt a requested official plan amendment and zoning by-law amendment.

The appeals relate to a proposed 264-unit residential development.

The hearing is scheduled to commence on June 9, 2025, for 10 days.

The Ontario Land Tribunal issued a procedural order governing the required procedures leading up to and including the hearing for an appeal of a zoning by-law amendment refusal by the City of Niagara Falls.

The hearing is scheduled to commence on February 10, 2025, for five days.

The applicant appealed the City's refusal of official plan and zoning by-law amendments to permit a residential development.

At the first Case Management Conference, the Tribunal scheduled a 10-day hearing on the merits, directed the parties to submit a Procedural Order and Issues List, and granted participant status to four individuals.

The Town of Gravenhurst appealed a Committee of Adjustment decision regarding a minor variance application to permit the construction of a single detached dwelling with a building height of 10.3 metres, exceeding the permitted 7.5 metres.

Prior to the hearing, the parties reached a settlement to address the Town's concerns regarding the visibility of the built form from the water.

Based on uncontroverted expert planning evidence, the Tribunal found that the variance, subject to conditions requiring a natural stone retaining wall and vegetation, satisfied the four tests under the Planning Act.

The appeal was allowed and the variance was authorized.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicants against the municipality for failing to amend a Zoning By-law to permit a detached dwelling.

The Tribunal scheduled a five-day video hearing and directed the parties to submit a final draft Procedural Order and Issues List.

The Tribunal convened a Case Management Conference regarding appeals by Parkside Hills Inc. concerning conditions of approval for a Draft Plan of Subdivision and a related Site Plan Application in the City of Hamilton.

The core issue involves the valuation of lands to be conveyed to the City for stormwater management purposes.

The Tribunal scheduled a four-day video hearing for January 2025 and approved the Procedural Order submitted by the parties.

The Ontario Land Tribunal issued a procedural order on consent to govern the hearing of appeals by the applicant concerning a heritage designation by-law and the refusal of a demolition permit for properties located at 2187 Gordon Street in the City of Guelph.

The hearing is scheduled for seven days commencing September 10, 2024.

The Ontario Land Tribunal held a case management conference regarding appeals by the appellant against the municipality's approval of an official plan amendment and zoning by-law amendment for a property owned by the applicant.

The Tribunal granted party status to the property owner, directed the appellant to provide a revised issues list, and scheduled a motion for the property owner to seek dismissal of the appeals without a hearing.

The Tribunal also approved a procedural order and scheduled a ten-day hearing on the merits for January 2025.