Mark Robert Flowers

The Big Tub Harbour Citizens Committee (BTHCC) and Lyons Big Tub Resort Marina Ltd. appealed a Zoning By-law Amendment passed by the Municipality of Northern Bruce Peninsula.

Lyons brought a motion to strike several issues from BTHCC's appeal, arguing the notice of appeal failed to explain how the by-law was inconsistent with applicable policy documents as required by s. 34(19.0.1) of the Planning Act.

The Tribunal agreed, finding BTHCC's appeal lacked the mandatory statutory explanation.

The Tribunal dismissed BTHCC's appeal entirely and allowed Lyons' appeal to proceed solely on the issue of parking provisions.

The applicant brought a motion to dismiss two appeals against the approval of an official plan amendment and zoning by-law amendment to permit a 662-unit subdivision on a former golf course.

The Tribunal dismissed the appeal by Hatem Abou El-Nile, finding that his concerns regarding mental health impacts from the loss of green space did not constitute recognized land use planning grounds.

However, the Tribunal denied the motion to dismiss the appeal by Friends to Keep Vaughan Green, finding that their appeal raised genuine, legitimate, and authentic land use planning issues worthy of adjudication, supported by expert evidence.

The County of Brant brought a motion requesting the Tribunal not to schedule hearings on the merits of two sets of appeals while an Interim Control By-law (ICBL) was in effect.

The County argued that scheduling the hearings would run contrary to the intent of section 38 of the Planning Act, which provides a municipality with 'breathing space' to rethink its land use policies.

The Tribunal denied the motion, finding that section 38 only authorizes a municipality to prohibit the use of land, buildings, or structures, and does not suspend the processing of development applications or the adjudication of appeals.

The Tribunal concluded that scheduling the hearings offered the best opportunity for a fair, just, and expeditious resolution of the proceedings under section 12(2) of the Ontario Land Tribunal Act, 2021.

The Ontario Land Tribunal convened a settlement hearing for two site-specific appeals of the City of Toronto's Official Plan Amendment 231 (OPA 231).

The Tribunal deferred the settlement motion for Amexon Realty Inc. regarding 701-703 Evans Avenue due to insufficient notice to parties regarding related modifications to OPA 469.

The Tribunal approved the settlement motion for 2130254 Ontario Inc. regarding 51 Manstor Road, redesignating the lands from Core Employment Areas to General Employment Areas, finding the modification represented good planning and was consistent with provincial policies.

At a Case Management Conference, the Ontario Land Tribunal granted party status to the Wellington Place Neighbourhood Association on consent for an Official Plan Amendment appeal.

The Tribunal also allowed a motion on consent to hear an Ontario Heritage Act demolition appeal together with the related zoning, official plan, and fee appeals.

A revised Procedural Order and Issues List were approved to govern the upcoming ten-day hearing.

This was a first Case Management Conference regarding appeals of the City's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications for a proposed mixed-use development.

The Tribunal granted party status to the Regional Municipality of Peel and Metrolinx, and participant status to two other entities on consent.

The Tribunal also determined it lacked jurisdiction under the Planning Act to consider recently acquired lands that were not part of the original applications.

Procedural directions and hearing dates were set.

The applicant appealed the City of Richmond Hill's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential development.

At the first Case Management Conference, the Tribunal granted participant status to one individual.

The parties advised that a Direction Report regarding the Richmond Hill Centre Secondary Plan would soon be before City Council.

To allow time for Council's decision and ongoing discussions, the Tribunal scheduled a second Case Management Conference for June 2023.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals of the City of Brampton's adoption of Official Plan Amendment 206-210 (Heritage Heights Secondary Plan).

The parties agreed to collaborate on policy wording and continue drafting the Procedural Order and Issues List, with a focus on resolving issues related to the GTA West Corridor.

The Tribunal scheduled a third Case Management Conference for July 6, 2023, and directed the parties to submit a revised draft Procedural Order by June 22, 2023.

The applicant appealed the Town of Caledon's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development consisting of detached dwellings and townhouses.

The parties reached a settlement and presented revised applications.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to applicable provincial and municipal plans, and represents good land use planning.

The appeal was allowed in part to approve the revised instruments and draft plan of subdivision subject to conditions.

The Ontario Land Tribunal held a case management conference to obtain status updates and set hearing dates for the remaining appeals (Phases 6C, 6D, 6E, 6F, and 6G) of the City of Toronto's Official Plan Amendment No. 231.

The Tribunal approved procedural orders for Phases 6D and 6E, scheduled a settlement hearing for Phase 6C, set 10-day merit hearings for Phases 6D and 6E, and scheduled a further case management conference for Phase 6G.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on zoning by-law amendment and site plan applications for a 25-storey development.

The Tribunal issued a revised Procedural Order on consent, setting the hearing dates, issues list, and procedural deadlines.

At a second Case Management Conference regarding appeals for a Zoning By-law Amendment and Draft Plan of Subdivision, the Tribunal addressed several procedural matters.

The Tribunal directed that a motion is required to consolidate a newly filed Ontario Heritage Act appeal.

The Tribunal granted a party substitution for the appellant, directed the Official Plan Amendment appeal to be heard with the current appeals, and granted full party status to the Wellington Place Neighbourhood Association.

Additionally, the Tribunal struck an issue from the draft Issues List regarding the refund of the OPA application fee, finding that it fettered the Tribunal's statutory discretion under section 69(4) of the Planning Act.

The appellant appealed the County's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision to permit a 306-unit residential subdivision.

At a case management conference, the Tribunal granted party status to four neighbouring developers and participant status to several individuals.

The Tribunal declined to set hearing dates due to the need for the parties to collaborate on an issues list and the County's intention to bring a motion regarding the appropriateness of setting dates while an interim control by-law is in effect.

A second case management conference was scheduled.

The Ontario Land Tribunal convened a second Case Management Conference regarding appeals by Oxford Properties Group and others against the City of Toronto's adoption of Official Plan Amendment No. 294 and its failure to make a decision on a site-specific Official Plan Amendment.

The parties presented a finalized Procedural Order and Issues List, which the Tribunal approved to govern the upcoming ten-day hearing.

The Tribunal convened a second Case Management Conference to finalize the Issues List and Procedural Order for a Phase 2 hearing regarding a proposed plan of subdivision and related amendments for Langmaid's Island.

The Tribunal removed certain issues that attempted to re-argue matters decided in Phase 1, as well as improperly formulated issues from a self-represented party.

The Phase 2 hearing was scheduled for seven days by video hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals from the City of Brantford's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 16-storey mixed-use building.

The Tribunal granted party status to Canadian National Railway Company on consent.

The Tribunal directed the parties to finalize the Procedural Order and Issues List and scheduled a 9-day video hearing.

This was the first Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

The Tribunal granted party status to the City of Vaughan and several corporate entities, and participant status to two others.

A further Case Management Conference was scheduled for April 14, 2023, with directions for the parties to prepare a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by CSG Limited Partnership against the County of Brant's failure to make decisions on zoning by-law amendment and site plan applications for an industrial development.

The Tribunal granted Party status to Stremma (St. George) GP Inc. for the zoning appeal.

Due to an interim control by-law and the lack of a draft Issues List, the Tribunal declined to set hearing dates and scheduled a second CMC, directing the parties to submit a draft Procedural Order and Issues List.

The Township of Uxbridge brought a motion requesting that the hearing of appeals by the applicant regarding official plan amendments, zoning by-law amendments, and a plan of subdivision be phased.

The Township proposed that the first phase deal with threshold issues of servicing allocation and sewage capacity.

The applicant opposed the motion, arguing that the applications should be considered comprehensively and that phasing would cause significant delay and redundancy in expert evidence.

The Tribunal dismissed the motion, finding that there would be ample crossover in expert witnesses and that it was appropriate to hear the comprehensive applications together.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 469 (Sherway Area Secondary Plan).

The Tribunal substituted CF Sherway Tru Rec Inc. as a party, finalized the Procedural Order and Issues List for the upcoming seven-week hearing, and scheduled a three-day motion to address the scope of Cadillac Fairview's appeal and a potential consolidation with another appeal.