Matthew W. Rutledge

At a Case Management Conference, the Appellants withdrew their appeal under section 22(7) of the Planning Act regarding the City's refusal to amend the Urban Hamilton Official Plan, as a Ministry decision rendered it moot.

The Tribunal accepted the withdrawal.

For the remaining appeal under section 69(3) protesting the levying of fees, the Tribunal scheduled a two-day video hearing and approved the Procedural Order and Issues List submitted by the parties.

The applicant appealed the Township of King's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 28-unit single detached residential development.

Prior to the merit hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with the Provincial Policy Statement, in conformity with applicable provincial and municipal plans, and representative of good planning.

The Tribunal allowed the appeals in part on an interim basis, approving the draft plan and zoning by-law amendments in principle, with the final order withheld pending satisfaction of specified conditions.

The appellants appealed the Town's refusal of an Official Plan Amendment and Zoning By-law Amendment, and its failure to make a decision on a Consent application, to facilitate the creation of a new residential lot.

Prior to the hearing, the parties reached a settlement supporting the proposal.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal was consistent with provincial policies, conformed to regional and local official plans, and represented good planning.

The appeals were allowed, the amendments were approved, and provisional consent was granted subject to conditions.

The applicants appealed the City of Brampton's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision to permit a residential development.

The parties reached a settlement that resolved concerns regarding land use compatibility with a nearby poultry processing facility and the preservation of a heritage farmhouse.

The Tribunal approved the settlement, finding that the proposed development, with an agreed 150-metre separation distance and warning clauses, represents good planning, is in the public interest, and satisfies all legislative requirements.

At a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 309, the Tribunal granted a request on consent to substitute Champlain Torah Education Centre as the appellant in place of 1380200 Ontario Limited.

The Tribunal also approved a revised Procedural Order and Issues List and scheduled a seven-day video hearing for November 2023.

The Tribunal issued an amending decision under Rule 24.4 of its Rules of Practice and Procedure to correct a typographical error in a previous decision.

The amendment corrected the hearing start date, confirming that the hearing would commence on February 6, 2023, and approved the revised Procedural Order.

The Ontario Land Tribunal heard motions regarding appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

Sheltering parties Castandgrey and Country sought to refuse the appellants' partial withdrawal of appeals, arguing the entire Elfrida Area should remain under consideration for urban expansion.

The Tribunal allowed the motions in part, ruling that while it would not refuse the scoping of issues, the full Elfrida Area potential urban boundary remains under appeal and the Ministry's modifications for non-appellant lands are not in force.

A separate motion by LIV Developments Ltd. for party status was denied as it did not advance the public interest and would result in a multiplicity of proceedings.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the Town of Niagara-on-the-Lake's refusal of Official Plan Amendment, Zoning By-law Amendment, and Consent applications to sever a property and create an additional residential lot.

The Tribunal granted party status to the Niagara Peninsula Conservation Authority and participant status to the Queenston Residents Association.

A procedural order was approved and a three-day hearing was scheduled.

The appellant appealed a Committee of Adjustment decision authorizing minor variances for a newly constructed deck on the neighbouring property.

The variances sought a reduced side yard setback and an increased deck height.

The Tribunal qualified the applicant's planner as an expert witness, whose uncontroverted evidence demonstrated that the variances met the four tests under section 45(1) of the Planning Act.

The Tribunal found that the 0.4 metre intrusion into the side yard setback would not have an undue impact on privacy given the 30 metre separation between the properties.

The appeal was dismissed and the variances were authorized.

At a third Case Management Conference regarding appeals of the Township's failure to make decisions on zoning and subdivision applications, the Tribunal was advised that a settlement in principle had been reached between the statutory parties.

The Tribunal scheduled a further CMC, with directions that it be converted to a written hearing if a full settlement is finalized with the remaining parties.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the City of Kawartha Lakes 2012 Official Plan.

The parties confirmed that a Phase 3 hearing was no longer necessary and scoped the remaining issues for a Phase 4 hearing.

The Tribunal approved the final Procedural Order and Issues List for the Phase 4 hearing, scheduled a six-week hearing for May 2023, and granted party status to Ibrans Developments Ltd. on consent.

Motions were brought by CastandGrey 5 Corp., CastandGrey 7 Corp., and Hamilton Country Properties Ltd. for party status in the appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

The City of Hamilton also brought a motion to dismiss the appeals of the Twenty Road West Landowners without a hearing.

The Tribunal granted party status to the moving landowners, finding they had a direct interest in the urban boundary expansion and that their participation would serve the public interest without causing prejudice, provided they sheltered under existing issues.

The Tribunal also granted the City's motion to dismiss the Twenty Road West Landowners' appeals, finding that the landowners had previously agreed to withdraw their appeals in a binding Minutes of Settlement, and their continued pursuit of the appeals was not in good faith.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The Tribunal held a Case Management Conference regarding multiple appeals of the Rural Hamilton Official Plan and the Urban Hamilton Official Plan.

The parties provided an update, noting that the City of Hamilton Council recently decided against an urban boundary expansion.

The Tribunal scheduled dates for a motion to dismiss, requests for party/participant status, a further Case Management Conference, and an eleven-week hearing commencing in January 2023.

A Procedural Order and Issues List were also approved.

A Case Management Conference was held regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and related amendments.

The Tribunal addressed a request for an adjournment based on a pending disposition letter, confirmed there were no concerns with certain lands remaining within the Lindsay urban settlement boundary, extended the deadline for the Agreed Statement of Facts, and scheduled a further Case Management Conference for January 2022.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and various Official Plan Amendments.

The Tribunal granted a motion for disclosure, allowing information pertaining to servicing capacity to be entered into evidence at the upcoming hearing.

The Tribunal denied a request by certain appellants to postpone dealing with the Lindsay urban boundary issue, directing that the hearing proceed as originally scheduled.

Finally, the Tribunal approved the modified Official Plan Schedules A-2, A-4, and A-5, and finalized the Procedural Order for the Phase 2 hearing.

At a Case Management Conference regarding appeals of the City of Kawartha Lakes 2012 Official Plan, Bromont Homes Inc. sought clarification on whether the urban settlement boundary for Lindsay remained a live issue for the upcoming Phase 2 Hearing.

The City and other parties argued the issue was settled and Bromont should have appealed to the Divisional Court.

The Tribunal found that previous orders explicitly preserved Bromont's right to argue against the boundary adjustment and ordered that the issue will be adjudicated at the upcoming hearing.