Noah Gordon

The Tribunal convened a second Case Management Conference regarding an appeal by the applicant against the County's amendment to the conditions of approval for a draft plan of subdivision.

The parties reported active settlement discussions and requested a third CMC to allow sufficient time to resolve outstanding issues.

The Tribunal scheduled a third CMC for May 25, 2026, and directed the parties to provide a revised Procedural Order and Issues List if a settlement is not reached.

The applicant sought consent under section 53 of the Planning Act to sever a property into two parcels to accommodate an assisted living facility.

Due to a moratorium on road work, the parcels required shared municipal services, which was addressed through restrictive covenants and easements.

The Committee of Adjustment found the application consistent with the Provincial Planning Statement and section 51(24) of the Planning Act, and granted the provisional consent subject to conditions.

The Tribunal convened a Case Management Conference regarding an appeal by The Trident Members Inc. against the County of Hastings' amendment to conditions of approval for a draft plan of subdivision.

The appellant requested a four-week adjournment on consent to allow newly retained counsel to prepare and to continue settlement discussions.

The Tribunal granted the adjournment, scheduled a second Case Management Conference, and granted participant status to a local resident.

The Ontario Land Tribunal issued a corrective order under Rule 24.4 of its Rules of Practice and Procedure to amend a previous Memorandum of Oral Decision and Order issued on October 17, 2025.

The correction fixed a typographical error in the spelling of counsel's name for Home Depot of Canada Inc. from Noah Jorden to Noah Gordon.

In all other respects, the original decision remains unchanged.

Peterborough Action for Tiny Homes (PATH) appealed the City's refusal of a Temporary Use By-law application to permit 24 transitional housing sleeping cabins on a property adjacent to an existing heavy industrial facility.

The central issue was whether the cabins should be classified as 'dwellings' or 'noise sensitive institutional purpose buildings' under provincial noise guidelines (NPC-300) for the purpose of determining land use compatibility.

The Tribunal found the cabins constituted dwellings, requiring more stringent noise mitigation.

Because the proposal introduced a sensitive land use immediately adjacent to a Class II industrial facility without adequate mitigation mechanisms, the Tribunal held it was inconsistent with the Provincial Policy Statement and did not conform to the City Official Plan.

The appeal was dismissed.

A status Case Management Conference was held regarding the remaining appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on settlement discussions concerning various issue-specific and site-specific appeals, including those related to propane storage, school boards, parking, cemeteries, and places of worship.

The Tribunal scheduled a further one-day CMC for December 3, 2025, and directed the City to provide a written status update and an updated tracking chart of remaining appeals by November 26, 2025.

The Municipal Property Assessment Corporation (MPAC) brought a motion to dismiss the appellant's property assessment appeals for the 2021 to 2024 taxation years, arguing issue estoppel and abuse of process.

The appellant opposed the motion and introduced new evidence in its reply submissions suggesting it had not resolved earlier appeals for the 2017 to 2019 taxation years, contradicting its previous evidence.

The Assessment Review Board found that resolving the dispute over the 2017 to 2019 appeals was central to the motion but required evidentiary findings beyond the scope of the interim stage.

The Board dismissed the motion without prejudice to MPAC raising the issues at the main hearing.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Peterborough Action for Tiny Homes against the City of Peterborough's refusal of a zoning by-law amendment for a transitional housing development.

The Tribunal granted party status to Toromont Industries Ltd. and participant status to several others on consent.

A Procedural Order was approved, and a 10-day merit hearing was scheduled to commence in June 2025.

The Ontario Land Tribunal held a case management conference to receive status updates on multiple remaining appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on various site-specific and topic-specific appeals, noted several withdrawals and ongoing settlement discussions, and scheduled a further case management conference for May 2025.

The applicants sought leave to appeal decisions of the Assessment Review Board that applied issue estoppel to dismiss their property tax assessment appeals.

The applicants attempted to re-open the 2016 valuation of their land based on the impact of the COVID-19 pandemic on their profitability.

The Divisional Court dismissed the motions for leave to appeal, holding that subsequent market changes to business results do not constitute a change in the 'state and condition' of the land and are not a valid basis to re-open an assessment.

The appellant appealed a decision of the Assessment Review Board which held it was estopped from raising the issue of the current value of its office building for the 2021 and 2022 taxation years.

The parties had previously signed minutes of settlement agreeing to the current value assessment as of January 1, 2016, for the 2016-2020 cycle.

Due to the COVID-19 pandemic, the provincial government extended the 2016 valuation date to apply to subsequent taxation years.

The Divisional Court upheld the Board's decision, finding that the issue of the 2016 current value had been finally determined by the settlement and that the Board correctly applied the doctrine of issue estoppel.

The appeal was dismissed.

The Ontario Land Tribunal held a Case Management Conference to receive status updates on the remaining appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

The appellant property owner appealed the assessments of its regional shopping centre for the 2021 to 2023 taxation years, arguing that the COVID-19 pandemic constituted a change in circumstances requiring a new valuation day.

The Municipal Property Assessment Corporation (MPAC) brought a motion to dismiss the appeals based on issue estoppel, arguing the valuation day remained January 1, 2016, as determined in a prior appeal proceeding for the same property.

The Assessment Review Board granted the motion, finding that the Assessment Act does not require an annual redetermination of current value and that the applicable valuation day remained January 1, 2016.

The Board applied issue estoppel, precluding the appellant from re-litigating the property's current value, and dismissed the appeals.