Mark Robert Flowers

The Regional Municipality of York appealed an Ontario Land Tribunal decision awarding approximately $2.4 million in compensation to a landowner for the expropriation of a vacant lot.

The appellant argued the Tribunal erred by failing to screen out the expropriation scheme's effect on the property's value under s. 14(4)(b) of the Expropriations Act, and by improperly assessing the risk of land dedications.

The Divisional Court dismissed the appeal, finding no legal error in the Tribunal's application of the Pointe Gourde principle and concluding that the Tribunal's factual findings regarding land dedications were entitled to deference.

ClubLink brought a motion for costs against the City of Ottawa and the Kanata Greenspace Protection Coalition (KGPC) following a hearing to finalize an interim order approving a zoning by-law amendment and draft plan of subdivision.

ClubLink argued the respondents engaged in unreasonable and bad faith conduct by attempting to re-litigate settled issues and advancing prematurity arguments.

The Tribunal found that the City and KGPC's conduct in opposing the final order based on matters already determined was unreasonable and amounted to bad faith.

The Tribunal awarded partial indemnity costs of $15,000 jointly and severally against the City and KGPC.

A case management conference was held regarding appeals by Caivan (Stittsville) Inc. under the Planning Act for the City of Ottawa's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications.

The Tribunal issued a procedural order, consolidated the appeals to be heard together, and scheduled a three-week merit hearing to commence in February 2027.

The Tribunal held a Case Management Conference concerning multiple appeals related to Official Plan Amendments and a Zoning By-law Amendment in the City of Brampton.

On consent of the parties, the Tribunal approved a Procedural Order and Issues List to govern the upcoming merit hearing.

The Tribunal also ordered that the four related appeals be consolidated and heard together in a single 12-day video hearing scheduled to commence in September 2026.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 6324223 Canada Inc. for the Town of New Tecumseth's failure to make a decision on Zoning By-law Amendment and Site Plan Approval applications for a mixed-use development.

The Tribunal granted Party status to Honda Canada Inc. and Honda of Canada Mfg. as adjacent landowners.

The Tribunal declined to consolidate the appeals with a related site-specific appeal of the Town's Comprehensive Zoning By-law, but ordered that they be heard together.

A second Case Management Conference was scheduled.

The Ontario Land Tribunal held a third Case Management Conference regarding 14 active appeals to the City of Toronto's Official Plan Amendment 777 (Sheppard East Secondary Plan).

The City requested the scheduling of a fourth CMC and a three-week merit hearing for March 2027.

The Tribunal established procedural deadlines and scheduled the fourth CMC for September 2026, but declined to schedule the merit hearing at this stage due to ongoing mediation, pending City Council instructions, and the lack of finalized issues lists and procedural orders.

The City of Toronto brought a motion to adjourn a scheduled 5-day merit hearing regarding a zoning by-law amendment appeal.

The City argued that its planning witness was on medical leave and its urban design witness was on approved vacation.

The Tribunal dismissed the motion, finding that the City had sufficient notice of the witnesses' unavailability to arrange for alternatives or raise the issue earlier.

The Tribunal held that granting the adjournment would unfairly prejudice the appellant through delay and additional costs, and ordered the hearing to proceed as scheduled.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated May 4, 2026.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal corrected the definition of the acronym 'LTSSC' from 'Lake Toe of Slope Stability Crest' to 'Long Term Stable Slope Crest'.

In all other respects, the original decision remains unchanged.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendments to permit a mixed-use development.

The parties reached a settlement for a 13-storey building with enhanced setbacks, environmental protection for the adjacent ravine, and public realm improvements.

Relying on uncontradicted expert planning evidence, the Tribunal found the settlement proposal represents good planning, is consistent with provincial policy, and is in the public interest.

The appeals were allowed in part on an interim basis, with the final order withheld pending the satisfaction of various conditions.

The appellants appealed the City of Brampton's adoption of Official Plan Amendment 12.

At the first Case Management Conference, the appellants requested a subsequent CMC to consolidate this appeal with related site-specific OPA and Zoning By-law Amendment appeals.

The City consented.

The Tribunal scheduled a subsequent common CMC for May 20, 2026, and directed the parties to file a Draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by PEM (Weston) Limited Partnership and PEM (Weston) GP Inc. for the City of Vaughan's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The Tribunal granted participant status to Kingsmoor Developments Inc. and approved the final Procedural Order and Issues List for the upcoming merit hearing scheduled for October 2026.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated March 24, 2026.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended paragraph 12 of the decision to reflect the correct commencement date of the Phase 1 Transportation Hearing as August 10, 2026, rather than August 17, 2026.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its March 24, 2026 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the commencement date for the Phase 1 Transportation Hearing was corrected from August 17, 2026, to August 10, 2026.

The Ontario Land Tribunal held a Case Management Conference to consider a Procedural Order and Issues List for a Phase 1 Transportation Hearing regarding multiple appeals in the Weston and Highway 7 Area.

The Tribunal granted participant status to three landowners and approved the Procedural Order and Issues List on consent of the parties.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by 4949 Bathurst GP Limited against the City of Toronto's Zoning By-law No. 1114-2025.

The appeal concerns a proposed 39-storey mixed-use building.

The order sets out the schedule for the exchange of witness statements, expert reports, and other pre-hearing requirements, and establishes the issues list for the 5-day video hearing scheduled to commence on May 25, 2026.

The Ontario Land Tribunal convened a fourth Case Management Conference regarding multiple appeals against the City of Brampton's Official Plan Amendment introducing interim policies for Major Transit Station Areas, and the new City Official Plan.

The City provided a status update on ongoing settlement negotiations and proposed future motions.

The Tribunal deferred consideration of consolidating the appeals and scheduled a further Case Management Conference for July 8, 2026.

The City of Brampton brought a motion for directions seeking approval of modifications to its new Official Plan to resolve multiple appeals.

The Tribunal found that the proposed modifications and unmodified policies had regard for matters of provincial interest, were consistent with the Provincial Policy Statement, and conformed to the Greenbelt Plan and the Region of Peel Official Plan.

The Tribunal granted the motion, approving the modifications and unmodified policies without prejudice to the remaining outstanding appeals.

At a Case Management Conference regarding appeals of the City of Ottawa's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications, the Tribunal granted party status to two neighbouring property owners.

The Tribunal also directed that the related appeals be heard together and established a timeline for the parties to finalize the Issues List and Procedural Order ahead of the next Case Management Conference.

The Ontario Land Tribunal issued a procedural order following a Case Management Conference regarding appeals by 2436091 Ontario Ltd. against the City of Ottawa'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 development of approximately 1,500 dwelling units.

The Tribunal scheduled a 23-day hearing to commence on June 1, 2026, and established the issues list and procedural dates.

The applicant appealed the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed two-tower mixed-use development.

The parties reached a settlement proposing 29- and 39-storey towers connected by a shared podium, including residential units, retail space, and an on-site parkland dedication.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial and municipal policies, representing good planning and the public interest.

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