7 total
Hearing Officer resolves disputes over draft Procedural Order and issues list for Niagara Escarpment development appeals.
A pre-hearing conference was held regarding appeals of the Niagara Escarpment Commission's refusal of a development permit application and a related plan amendment application by the Township of Clearview.
The Hearing Officer addressed the impact of the upcoming Ontario Land Tribunal Act on participant and presenter status.
The Hearing Officer also resolved disagreements between the parties regarding the draft Procedural Order, specifically concerning the scheduling of an evening session and the wording of several items on the Consolidated Issues List.
Leave to appeal granted where municipal board's limitation on party status arguably breached natural justice.
The applicants, two municipalities, sought leave to appeal decisions of the Ontario Municipal Board that granted them party status but limited the evidence they could present regarding a proposed aggregate pit.
The Board restricted their evidence to the incremental impact of truck traffic on their roads, preventing them from comparing alternative haul routes.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the Board's decisions as the limitations effectively prevented the Board from considering mandatory statutory factors under the Aggregate Resources Act, thereby breaching the rules of natural justice and procedural fairness.
Hearing adjourned on consent to allow the appellant to apply for a Niagara Escarpment Plan amendment.
The appellants appealed the refusal of a development permit application to reconstruct a sideroad from seasonal to year-round use.
During a pre-hearing conference, the Township of Clearview requested a six-month adjournment because the proposed road work would encroach into wetland areas, requiring an application to amend the Niagara Escarpment Plan.
All parties consented to the adjournment.
The Hearing Officers granted the adjournment and vacated the previously scheduled hearing dates to allow the amendment process to take place.
Procedural order issued setting hearing dates and evidentiary requirements for development permit appeal.
The Niagara Escarpment Hearing Office issued a procedural order following a pre-hearing conference regarding appeals from the refusal of a development permit application to reconstruct 26/27 Sideroad.
The order sets out the organization of the hearing, including dates for the continuation of the pre-hearing conference, motions, and the main hearing, as well as requirements for witness lists, expert meetings, and the exchange of evidence.
Leave to appeal OMB decision denied; Board's interpretation of its procedural rules regarding reopening hearings was reasonable.
The applicant sought leave to appeal an interlocutory decision of the Ontario Municipal Board (OMB) which allowed the respondent developer to amend conditions of a 1996 zoning approval for a trailer park.
The applicant argued the OMB failed to properly apply Rule 106 of its Rules of Practice and Procedure by not reopening the entire hearing after 20 years had passed.
The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's interpretation of its own procedural rules was reasonable, the decision was based on evidence, and the matter did not raise a question of law of sufficient general or public importance.
Requests for party, participant, and presenter status granted at pre-hearing conference for development permit appeal.
At a pre-hearing conference regarding an appeal of the Niagara Escarpment Commission's refusal to issue a development permit for road reconstruction, several individuals and organizations requested party, participant, or presenter status.
The Hearing Officers granted the requests, finding that the applicants met the respective requirements under the Rules of Practice, as their interests could be directly and substantially affected by the hearing and they had a genuine interest in the subject matter.
Judicial review of Joint Board decision approving a quarry in the Niagara Escarpment dismissed as reasonable.
The Niagara Escarpment Commission applied for judicial review of a Joint Board decision granting conditional approval to Walker Aggregates Inc. to develop a quarry in the Niagara Escarpment Plan area.
The applicant argued the Board failed to properly apply the Niagara Escarpment Plan, improperly delegated approval of an Adaptive Management Plan to the Minister of Natural Resources, and erred in assessing noise impacts.
The Divisional Court dismissed the application, finding the Board's decision reasonable, as it correctly applied the relevant planning documents, did not improperly delegate its authority, and reasonably assessed environmental and noise impacts.
