Matthew Helfand

This decision arises from a Case Management Conference regarding multiple appeals of Official Plan Amendment No. 59 adopted by the County of Middlesex.

The Tribunal approved a draft Procedural Order submitted on consent by the parties.

The Tribunal scheduled a 14-day hearing for phase one issues and a 5-day hearing for phase two issues, and directed the parties to participate in Tribunal-led mediation.

At a Case Management Conference, the Ontario Land Tribunal granted party status to Huron Grain Processing Inc. on consent.

The Tribunal also ordered that six related appeals concerning official plan amendments, zoning by-law amendments, a draft plan of subdivision, and a consent application be consolidated and heard together.

A 15-day merit hearing was scheduled and a Procedural Order was approved.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 1685078 Ontario Inc. against the Town of Caledon's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The parties presented a draft Procedural Order as settlement discussions were ongoing but unresolved.

The Tribunal approved the Procedural Order and scheduled a five-day video hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Town of Whitby's adoption of Official Plan Amendment 130, which introduces policies for residential infill and intensification.

One set of appellants withdrew their appeal.

The remaining parties reported productive discussions and optimism about reaching a settlement.

The Tribunal scheduled a third Case Management Conference to allow the parties time to finalize a settlement or request a hearing date.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by two appellants against the Municipality of Thames Centre's Official Plan Amendment No. 27.

The Tribunal granted participant status to a representative of an abutting landowner.

The Tribunal noted a settlement in principle with one appellant and scheduled a 14-day merit hearing for the remaining appeal in February 2025.

The appellant appealed the City of Kitchener's Zoning By-law No. 2023-156, which rezoned their properties to a Low Rise Residential Four Zone (RES-4).

The parties reached a settlement to apply a Residential Five Zone (RES-5) to the subject properties, permitting a wider range of low-density dwelling types.

The Tribunal accepted uncontested expert planning evidence that the settlement supports appropriate infilling and intensification consistent with provincial and municipal policies.

The appeal was allowed in part to amend the zoning by-law in accordance with the settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Municipality of Middlesex Centre's Official Plan Amendment #59.

The Tribunal granted party status to Comgord Limited on consent.

The parties requested more time to finalize the draft Procedural Order and Issues List.

The Tribunal declined to schedule the merit hearing until the procedural documents are approved and scheduled a third Case Management Conference for June 6, 2024.

The appellant filed a motion seeking relief from the Toronto Local Appeal Body's Rules of Practice and Procedure to permit the late filing of a Reply to a Response to a Review Request.

The appellant argued that he was out of the country and confused by the wording of the forms.

The TLAB dismissed the motion, finding that being out of the country and professing unfamiliarity with the rules are not legitimate reasons to circumvent filing deadlines.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by Sifton Properties Limited regarding Official Plan Amendment 14 in the Municipality of Strathroy-Caradoc.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties, the issues list, the order of evidence, and a summary of procedural dates leading up to a 10-day video hearing scheduled to commence on February 3, 2025.

The Tribunal held a first Case Management Conference regarding appeals of the Town of Whitby's Official Plan Amendment No. 126.

The appellants, owners of properties on Brock Street North, appealed the OPA to protect their respective mixed-use redevelopment proposals.

Bara Group (Whitby) Inc. requested and was granted party status.

The Tribunal scheduled a second Case Management Conference for June 28, 2024, to allow the parties further time for dialogue and to present options to Town Council.

The applicant brought a motion for directions regarding an interim order that approved a zoning by-law amendment and site plan in principle, following a settlement.

The applicant sought to modify the development to increase density after the Town removed density limits in its Official Plan.

The Town argued this was a breach of contract.

The Tribunal found it unnecessary to rule on jurisdiction, noting the applicant could pursue a minor variance.

The Tribunal also ruled that the interim order did not require the applicant to execute a site plan agreement before the final order was released, preferring the applicant's evidence on municipal practice.

The final order was issued.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for appeals by the applicant regarding the municipality's failure to make a decision on applications for an official plan amendment and zoning by-law amendment.

The applications seek to permit a residential development consisting of eight multiple dwellings and townhouses.

The procedural order sets out the hearing dates, issues list, and deadlines for the exchange of evidence.

The appellants appealed a zoning by-law amendment passed by the City of Brampton to permit temporary truck and trailer parking.

Following a case management conference, the appellants withdrew their appeal.

The Ontario Land Tribunal accordingly dismissed the appeal.

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 appellant appealed the municipality's failure to make a decision on a site plan control application for an eight-storey mixed-use building.

While the parties agreed on most conditions, they disputed a Visual Impact Assessment condition, which the Tribunal found reasonable.

The central issue was the effect of the newly enacted Official Plan Adjustments Act, 2023 (OPAA), which retroactively revoked the Ministerially Approved official plan that had facilitated the development's height and density.

The Tribunal held that s. 3(2) of the OPAA imposes a mandatory official plan conformity test on site plan appeals, and that the deemed conformity provision in s. 24(4) of the Planning Act could not save the site plan because the underlying official plan was deemed never to have existed.

Finding the site plan did not conform to the retroactively reinstated official plan, the Tribunal dismissed the appeal.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment and a Zoning By-law Amendment to permit a residential development consisting of multiple dwellings and townhouses.

At the second Case Management Conference, the parties advised that discussions and mediation were ongoing.

The Tribunal scheduled a 10-day video hearing to commence on March 10, 2025, and directed the parties to submit a final Procedural Order and Issues List.

The appellants appealed the Municipality of Thames Centre's Official Plan Amendment No. 27 under section 17(36) of the Planning Act.

At the first Case Management Conference, the parties requested additional time to scope the issues and prepare a draft Procedural Order.

The Tribunal scheduled a second Case Management Conference for May 24, 2024, and directed the parties to file the draft Procedural Order and Issues List by May 10, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1685078 Ontario Inc. due to the Town of Caledon's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The Tribunal granted party status to Caledon Residences Inc. and participant status to an adjacent property owner on consent.

A second Case Management Conference was scheduled to allow the parties time to continue settlement discussions.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the Town's refusal to permit the establishment of a cemetery and its failure to make a decision on a site plan application.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming five-day hearing on the merits.