Michael Saul Polowin

At a Case Management Conference for appeals regarding a proposed below-water mineral aggregate extraction operation, the Ontario Land Tribunal consolidated three related appeals.

The Tribunal granted party status to the Shabot Obaadjiwan First Nation, recognizing the Crown's duty to consult on matters affecting Aboriginal or treaty rights, and to the Friends of Lanark Highlands as neighbouring landowners.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The applicant sought an easement to establish a right of way for pedestrian and vehicular access in favour of a neighbouring property.

The Committee of Adjustment considered the application under the Planning Act and found it consistent with the Provincial Planning Statement.

The Committee granted the application, subject to conditions, finding that a plan of subdivision was not necessary for the proper and orderly development of the municipality.

The appellants appealed the City of Ottawa's refusal to approve a zoning by-law amendment to legalize an existing home-based business.

At the first Case Management Conference, the statutory parties requested a deferral of procedural matters to continue ongoing mediation.

The Tribunal granted the request, declined to adjourn the proceeding, and scheduled a second Case Management Conference to consider a request for party status and set hearing dates if mediation is unsuccessful.

The appellant brought a motion to modify procedural dates and revise the Issues List for an upcoming hearing regarding a Town-wide Development Permit By-law.

The appellant and the Town had resolved certain issues and requested their removal, along with the addition of one related sub-issue.

The Tribunal granted the motion, finding it had the authority to make procedural directions to ensure a fair, just, and expeditious hearing, and that the amendments would not prejudice any parties.

The Appellants appealed the City of Clarence-Rockland's Development Charge By-law No. 2025-93.

At the first Case Management Conference, Clarence Crossing Regional Inc. requested and was granted Party status on consent of the City and without opposition from the Appellants.

The Tribunal set a timeline for the parties to finalize an Issues List and draft Procedural Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Stillwater Station Ltd. for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use community in Ottawa.

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

A 12-day merit hearing was scheduled to commence in April 2026, and the parties were directed to submit a final Procedural Order and Issues List.

The appellant appealed the Township's refusal of a Zoning By-law Amendment application to replace an existing seasonal cottage with a four-season cottage.

The parties reached a settlement and presented uncontroverted expert planning evidence supporting the amendment.

The Tribunal allowed the appeal, finding the proposed development represents good land use planning, is consistent with the Provincial Planning Statement, and conforms to the applicable Official Plans.

The Tribunal held a first Case Management Conference regarding an appeal by Pegasus Development Corporation against the Town of Carleton Place's new Town-wide Development Permit By-law.

The Tribunal granted party status to Inverness Homes Inc., approved the Procedural Order, and scheduled a five-day video hearing to commence on August 10, 2026.

The appellant appealed the township's refusal of a zoning by-law amendment application.

Prior to the scheduled merit hearing, the parties reached a settlement in principle.

The Tribunal converted the merit hearing to a status hearing and scheduled a written settlement hearing.

The Tribunal also directed that a participant's document be included in their participant statement and that an addendum to a witness statement be removed from the record on consent.

The Tribunal held a first Case Management Conference regarding an appeal of the City of Ottawa's non-decision on a site plan application for a 94-unit townhome development.

The parties advised that a recent zoning by-law amendment resolved most issues, leaving only parkland in dispute.

The Tribunal scheduled a second CMC and directed the parties to provide a status update on settlement discussions.

The Ontario Land Tribunal scheduled a further Case Management Conference for December 8, 2025, regarding appeals of the City of Ottawa's Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).

The parties advised that settlement discussions are nearing completion and requested one more conference.

The applicant appealed the Township of Tay Valley's refusal to amend the zoning by-law to permit the demolition of a cottage and construction of a year-round dwelling.

At the second Case Management Conference, the Ontario Land Tribunal approved the finalized Procedural Order and Issues List.

A two-day video hearing on the merits was scheduled for November 2025.

The Tribunal held a Case Management Conference regarding an appeal of a City of Ottawa by-law designating a property as having cultural heritage value.

The parties disputed the inclusion of certain issues in the Issues List for the upcoming hearing.

The Tribunal determined that the appellant's proposed issues relating to future development and official plan conformity were outside the scope of the Ontario Heritage Act and excluded them from the Issues List.

A Procedural Order was approved and a two-day video hearing was scheduled.

The applicant appealed the Township's refusal of a zoning by-law amendment application to permit the demolition of a cottage and construction of a year-round dwelling.

At the first Case Management Conference, the applicant requested that hearing dates be scheduled immediately, while the Township requested a second CMC to allow time to secure a planning witness.

The Tribunal scheduled a second CMC for four weeks later to balance the applicant's desire to proceed with the Township's need to identify its witness and finalize the issues list.

The Ontario Land Tribunal issued an order scheduling a further Case Management Conference for October 15, 2025, regarding appeals of the City of Ottawa's adoption of Official Plan Amendment No. 3.

The scheduling order was made after the parties advised that settlement discussions had advanced.

The appellant appealed the City of Ottawa's refusal of a Zoning By-law Amendment application to permit the construction of five additional dwelling units by reducing the minimum total amenity area for an existing mixed-use, high-rise building.

The Tribunal found that the proposed reduction in amenity area to 2000 m² was consistent with the Provincial Policy Statement, conformed to the City's Official Plan, and represented good planning.

The Tribunal allowed the appeal in part, directing the City to amend the zoning by-law to require a minimum total amenity area of the greater of 3.454 m² per dwelling unit up to 579 units plus 6 m² per unit in excess of 579 units, and 2000 m².

The applicants appealed the City of Ottawa's refusal to repeal a heritage designation by-law for their property.

The property had been designated based on a single criterion for cultural heritage value or interest (CHVI) under the previous regulations.

The applicants argued that recent amendments to O. Reg. 9/06, which now require two or more CHVI criteria for designation, invalidated the by-law.

The Tribunal found that the amending by-law remained valid under the transition rules of the regulation.

However, evaluating the repeal application on its merits under the new regulation, the Tribunal concluded that the property's limited heritage contribution did not warrant continued designation.

The appeal was allowed and the designation by-law was repealed.

Multiple appellants appealed the City of Ottawa's adoption of Official Plan Amendment No. 3.

At a Case Management Conference, the parties advised the Tribunal that settlement discussions were ongoing and requested a further CMC instead of scheduling merit hearings.

The Tribunal granted the request and scheduled a further CMC by videoconference.

This was a second Case Management Conference regarding appeals of the Town of Carleton Place's Official Plan Amendment No. 8.

The Tribunal noted that Pegasus Development Corporation failed to submit a party status request form and was therefore not a party to the appeals.

The Tribunal also determined that Zoning By-law No. 32-2021 was not before it, as it was never appealed, and excluded it from the Issues List.

The Tribunal scheduled a one-day video hearing and approved the final Procedural Order and Issues List.

Theia Partners Inc. and the City of Ottawa brought a joint motion to dismiss appeals filed by prospective appellants regarding an Official Plan Amendment and Zoning By-law Amendment.

The moving parties argued that the prospective appellants lacked standing under the Planning Act, as amended by Bill 185 (Cutting Red Tape to Build More Homes Act, 2024), which restricted third-party appeal rights.

The Tribunal found that the prospective appellants were not 'specified persons' and did not own land to which the amendments applied.

Consequently, the Tribunal dismissed the appeals for lack of standing.