OLT 2022

The appellants appealed a decision of the Committee of Adjustment that granted minor variances for shoreline setbacks but imposed an unrequested condition limiting the height of the dwelling.

Prior to the hearing, the parties reached a settlement to approve the variances without the height condition, subject to a vegetation plan and adherence to the submitted sketch.

The Tribunal accepted uncontroverted expert planning evidence that the variances met the four tests under section 45(1) of the Planning Act and authorized the variances.

In a Case Management Conference for an appeal of a Permit to Take Water (PTTW) issued to an aggregate pit operator, the Tribunal determined the final Issues List.

The appellants sought to include issues relating to aggregate washing, settlement ponds, and groundwater quality impacts from those processes.

The Tribunal held that it lacked jurisdiction to consider aggregate washing and related sewage works in a PTTW appeal, as those matters are governed by a separate Environmental Compliance Approval process under section 53 of the Ontario Water Resources Act.

The Tribunal struck or amended the disputed issues to ensure they strictly related to the taking of water, rather than its subsequent treatment.

The applicants, as Estate Trustees for the deceased claim holder, applied to the Ontario Land Tribunal under s. 74(1) of the Mining Act to vest the deceased's 33.33% interest in three unpatented mining claims in their names.

They also requested that the Tribunal transfer the interest directly to a third-party corporation, FEG Exploration Ltd. The Tribunal granted the vesting order, finding sufficient evidence that the applicants were the properly appointed Estate Trustees.

However, the Tribunal denied the request to transfer the claims to the corporation, holding that it lacked jurisdiction under s. 74(2)(a) to bypass the estate administration process in the absence of a specific bequest in the deceased's will.

The Tribunal also extended the time for performing and filing assessment work on the claims.

The Ontario Land Tribunal issued a procedural order to govern the proceedings leading up to and including a four-day land compensation hearing scheduled to commence on September 13, 2022, by video conference.

The proceeding was commenced under section 26(b) of the Expropriations Act.

A Case Management Conference (CMC) was held regarding appeals of a development permit approval for a parking area expansion.

Neither appellant attended the CMC.

One appellant indicated she would not attend, while the other later reported experiencing technical difficulties.

Due to the technical issues, the Hearing Officer scheduled a further CMC and directed the parties to file a draft Procedural Order and Issues List.

The applicants appealed the Committee of Adjustment's refusal of minor variances to permit an accessory building in the front yard and exceeding lot coverage limits.

Prior to the hearing, the parties reached a settlement based on a corrected, reduced building size calculation.

The Tribunal found the amended application minor under s. 45(18.1) of the Planning Act and authorized the variances, finding they met the four tests under s. 45(1).

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 mixed-use development.

The Tribunal held a Case Management Conference, granted participant status to several individuals and groups, and scheduled a second Case Management Conference and a four-day hearing.

A Case Management Conference was held regarding appeals by the applicants for the Town of Oakville's failure to make decisions on requested official plan and zoning by-law amendments, and a site plan application, to permit a five-storey retirement building.

The Tribunal granted Party status to the Region of Halton and Participant status to a local resident on consent.

The Tribunal also approved the draft Procedural Order and scheduled a seven-day video hearing on the merits.

The applicants appealed a Committee of Adjustment decision refusing a consent to sever a residential lot to facilitate the development of two duplexes.

The Tribunal found that the proposed severance was consistent with the Provincial Policy Statement and conformed to the Growth Plan and Regional Official Plan.

The central issue was whether the proposed lots conformed to the City's Official Plan policies requiring new lots to reflect the general scale and character of the surrounding lands.

The Tribunal rejected the opposing expert's limited study area, finding that a broader contextual analysis demonstrated the proposed lots were similar in size to other lots in the wider neighbourhood.

The appeal was allowed in part and provisional consent was granted subject to conditions.

The applicant appealed the County's refusal to process a Site Plan Approval application for a proposed townhouse development.

The County had deemed the application premature due to insufficient municipal drinking water capacity.

Prior to the scheduled three-day hearing, the parties advised the Tribunal of promising settlement discussions.

The Tribunal converted the hearing into a Case Management Conference, released the remaining hearing days, and scheduled a one-day hearing to address any remaining issues or approve a settlement.

The Tribunal held a Case Management Conference regarding an appeal of a decision by the Provincial Mining Recorder to delete a mining claim from the registry.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a one-day video hearing for July 2022.

The applicant requested an extension of the timeline to fulfill the conditions of a draft plan of subdivision, which was supported by a resolution from the City of North Bay Council.

The Ontario Land Tribunal granted the request and amended its previous order to extend the draft plan approval to December 24, 2028.

Following a previous decision approving an Official Plan Amendment and Zoning By-law Amendment in principle, the Tribunal issued its final order.

The Tribunal was advised that the instruments were in a form satisfactory to the City of Vaughan.

The appeals were allowed in part, and the amendments were approved to permit a 582-unit residential development.

The applicants referred a site plan application to the Ontario Land Tribunal to permit the development of a new car dealership.

The Tribunal previously issued an Interim Order approving the plans subject to certain conditions.

The parties agreed that the pre-approval conditions had been satisfied.

The Tribunal approved the site plan agreement, subject to amendments removing a requirement to defer registration until certain City of Toronto conditions were met, and ordered that the final order will issue upon receipt of the executed agreement.

The Tribunal held a video hearing regarding appeals against a zoning by-law passed by the Town of Whitby.

The Applicant, who owned the subject property, had missed a previous Case Management Conference due to technical difficulties and was excluded from subsequent settlement discussions between the Appellants and the Town.

The Applicant retained new counsel and indicated an intent to bring a motion for party status and an adjournment.

The Tribunal adjourned the scheduled settlement hearing and set a timetable for the filing of motion materials regarding the Applicant's request for party status.

The Ontario Land Tribunal issued a procedural order to govern the proceedings leading up to a 10-day land compensation hearing scheduled to commence on February 6, 2023.

The proceeding was commenced under section 26(b) of the Expropriations Act by the claimant against the Regional Municipality of Peel.

The applicant appealed the municipality's refusal of a zoning by-law amendment to rezone a property from residential to light industrial for warehousing and cold storage.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and representative of good planning.

The appeal was allowed in part to approve the amended zoning by-law.

The applicant appealed the Committee of Adjustment's refusal of two minor variances required to facilitate the severance of a property into two lots.

The variances related to soft landscaping requirements for the retained lot containing an existing apartment building.

Based on the uncontroverted testimony of the City planner, the Tribunal found the variances met the four tests under s. 45(1) of the Planning Act and authorized them subject to conditions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Calloway REIT (1900 Eglinton) Inc. for the City of Toronto's failure to render decisions on official plan and zoning by-law amendment applications.

The Tribunal added Yorkreal Holdings Inc., Toronto District School Board, Toronto Lands Corporation, and Bell Canada as parties to the zoning by-law appeal.

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

The appellant municipality appealed a condition in its renewed municipal drinking water licence that imposed a new Total Chlorine Residual limit on media filter backwash effluent.

The appellant's existing system could not immediately comply with the new limit.

The parties reached a settlement to remove the limit from the current licence, with the appellant committing to make necessary system alterations before the 2026 licence renewal.

The Tribunal approved the settlement, finding it satisfied statutory requirements under the Safe Drinking Water Act and was in the public interest, as the delay posed no risk to drinking water and insignificant environmental impact.