Michael Andrew James

The claimant filed a compensation claim against the Ministry of Transportation under the Expropriations Act.

The Ontario Land Tribunal held a Case Management Conference to organize the proceeding.

The Tribunal approved the draft Procedural Order submitted by the parties and scheduled a nine-day hybrid hearing to commence in March 2027.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of a brownfield site into a mixed-use neighbourhood.

The parties reached a partial settlement on a revised proposal for 660 residential units and commercial space.

The Tribunal accepted expert planning evidence that the revised proposal is consistent with provincial policy and conforms to the official plan.

The Tribunal allowed the appeals in part, approving the agreed-upon planning instruments and scheduling a further hearing for the outstanding issues.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its January 31, 2025 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the decision to insert Schedules 1 through 6 into Attachment 1.

In all other respects, the original decision remains unchanged.

The appellants appealed the failure of the Region of York to make a decision regarding the Town of Whitchurch-Stouffville's Official Plan Amendment No. 136.

The parties reached a settlement proposing modifications to the OPA, which address growth management and water/wastewater servicing.

Based on uncontested expert planning evidence, the Tribunal found the modified OPA consistent with provincial policies, in conformity with the Growth Plan and Regional Official Plan, and representative of good planning.

The appeals were allowed in part and the OPA was approved as modified.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 60-storey mixed-use building.

Prior to the hearing, the parties reached a settlement for a revised 36-storey residential building.

Based on the uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of several conditions.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development.

The Ontario Land Tribunal held a second case management conference and issued a procedural order to govern the upcoming five-day video hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Magnum General Contracting Inc. against the Township of Scugog for failing to make decisions on Site Plan Approval and Draft Plan of Subdivision applications.

The Tribunal approved the final draft Procedural Order and Issues List, and scheduled a seven-day merit hearing to commence on May 26, 2025, by video.

The Ontario Land Tribunal held a first Case Management Conference concerning appeals against a municipality's failure to make a decision on applications for a Zoning By-Law Amendment and Draft Plan of Subdivision.

The applications propose the development of 14 freehold townhouses.

The Tribunal approved the final Procedural Order and Issues List, scheduled a seven-day hearing of the merits for April 2025, and set a telephone conference call for January 2025 to receive a status report on settlement discussions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of a brownfield site.

The parties reported progress toward a settlement and requested the scheduling of a further CMC and a five-day merit hearing.

The Tribunal approved the proposed path forward, scheduled the requested events, and approved the final Procedural Order.

The appellants appealed the City of Richmond Hill's failure to make decisions on Official Plan and Zoning By-law amendment applications to permit a high-density mixed-use development with two towers.

The parties reached a settlement modifying the applications to include tower stepbacks and securing mitigation agreements with the Canadian National Railway Company.

Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with provincial policies and good planning, allowing the appeals in part to approve the amendments.

The appellant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 78-unit townhouse development.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development was consistent with provincial policy, conformed to applicable official plans, and represented good planning.

The appeals were allowed in part to implement the agreed-upon amendments.

At a Case Management Conference regarding appeals for an official plan amendment, zoning by-law amendment, and draft plan of subdivision, the Ontario Land Tribunal approved a draft Procedural Order on consent of the parties.

The Tribunal scheduled a nine-day video hearing for February 2025.

Additionally, the Toronto Region Conservation Authority was removed as a party on consent, as it had reached an agreement with the applicant on conditions of approval.

The Ontario Land Tribunal issued a procedural order to govern the upcoming hearing regarding Magnum General Contracting Inc.'s appeals for an official plan amendment and zoning by-law amendment to permit a 78-unit townhouse development in the Township of Scugog.

The order sets out the organization of the hearing, requirements before the hearing, and the issues list.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the township's failure to make decisions on site plan control and draft plan of subdivision applications for a 78-unit townhouse development.

The Tribunal granted party status to the region and participant status to the conservation authority.

A second Case Management Conference was scheduled for September 23, 2024, to allow the parties time to further discussions and await the outcome of related Official Plan and Zoning By-law amendment appeals.

The Ontario Land Tribunal held a first Case Management Conference for appeals by Magnum General Contracting Inc. regarding the Township of Scugog's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a 78-unit townhouse development.

The Tribunal granted participant status to Kawartha Conservation, directed the parties to file a Draft Procedural Order, and scheduled a five-day merit hearing for August 2024.

The Applicant/Appellant requested the scheduling of a Hearing on the Merits for appeals concerning official plan and zoning by-law amendments to permit a 660-unit residential development.

The Town and other parties requested a further Case Management Conference (CMC) to review recently submitted revised plans and studies.

The Tribunal found it premature to schedule a hearing without knowing the narrowed issues and directed that a further CMC be held to allow the parties time to review the revisions and potentially reach a settlement.

This ex-parte motion was brought by the plaintiffs for a Mareva injunction and an Anton Pillar order in aid of litigation in the United States District Court for the Southern District of New York.

The plaintiffs alleged a complex fraud perpetrated by the defendants, involving falsified investment schemes and forged documents.

The court found a strong prima facie case, a real risk of asset dissipation and destruction of evidence by the defendants, and that the balance of convenience favored granting the orders.

The court affirmed its jurisdiction to grant such equitable relief in aid of foreign proceedings.

Mareva injunction, Anton Pillar order, and a sealing order were granted.

The Township of Tehkummah appealed under section 64 of the Drainage Act regarding the quality of construction of the Hierons Drain.

During construction, the engineer and contractor made unauthorized changes to the approved design, which resulted in flooding on an upstream property after an unusual rainstorm.

The Tribunal found that neither the engineer nor the contractor had the authority to alter the approved design without the Township's consent.

The Tribunal ordered remedial work to correct the unauthorized changes and directed the Township to bear the costs, as the engineer and contractor were acting as its servants.