OLT 2024

The appellant appealed Environmental Penalty Orders issued by the Director of the Ministry of the Environment, Conservation and Parks regarding contaminated water allegedly emitted from a former graphite mine.

At a Case Management Conference, the parties advised that discussions were continuing and requested a further conference.

The Tribunal granted the request and scheduled a further Case Management Conference for November 19, 2024.

The applicant appealed the Town of Oakville's failure to make a decision on a Zoning By-law Amendment application to facilitate a 10-unit townhouse development.

The parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment is consistent with the Provincial Policy Statement, conforms to the Growth Plan and local official plans, and represents good planning.

The appeal was allowed in part and the amendment was approved.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development consisting of two residential towers.

The parties reached a settlement modifying the proposal to include 864 units, increased park area, and adjusted building heights.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies, in conformity with applicable official plans, and representative of good planning.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Park View Homes against the Township of Champlain's failure to adopt an Official Plan Amendment and Zoning By-law Amendment for a proposed townhouse and apartment development.

The Township and the United Counties of Prescott and Russell did not attend and indicated they would not participate in the proceedings.

Canadian National Railway Company sought and was granted party status on consent, as the proposed development abuts its rail line.

A second Case Management Conference was scheduled to finalize a Procedural Order.

The appellant appealed the municipality's refusal to adopt a requested zoning by-law amendment to permit the conversion of a single detached dwelling into an accessory structure.

At the first Case Management Conference, the Tribunal deferred decisions on several party and participant status requests on consent to allow the parties time to construct an issues list.

A second Case Management Conference was scheduled for November 21, 2024.

The appellant appealed the Town of Grimsby Committee of Adjustment's refusal of minor variances to permit the development of a two-storey single detached dwelling.

The requested variances sought relief for reduced side yard setbacks and increased lot coverage.

The Tribunal accepted the uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The appeal was allowed and the variances were authorized subject to tree preservation conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a proposed two-storey single-family dwelling.

The subject land is identified as having natural heritage significance.

The Tribunal granted Party status to the Toronto and Region Conservation Authority and Participant status to a local residents' association.

A revised Procedural Order was approved, and a 15-day video hearing was scheduled for July 2025.

The Tribunal held a second Case Management Conference regarding an appeal by the applicant concerning the amount of cash-in-lieu of parkland required by the respondent for a residential subdivision.

The parties requested a Tribunal-led mediation assessment.

The Tribunal approved the final draft Procedural Order to govern the upcoming three-day video hearing scheduled for November 2024.

The applicant appealed the Committee of Adjustment's denial of minor variances to permit reduced landscaping widths for outside storage at an industrial property.

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

The Tribunal found the variances satisfied the four tests under section 45(1) of the Planning Act, were consistent with provincial policies, and represented good planning.

The appeal was allowed and the variances were authorized subject to conditions.

The applicants appealed the Town's failure to make decisions regarding an official plan amendment, zoning by-law amendment, and plan of subdivision for a proposed 141-unit residential subdivision.

At a scheduled merit hearing, the parties advised the Tribunal that they were engaged in settlement discussions and requested more time.

The Tribunal converted the event to a status hearing and scheduled a further status hearing to allow the parties to finalize their settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 100-unit residential development.

The Tribunal granted party status to a neighbouring property owner and participant status to several individuals and entities.

Due to the municipality and the added party needing more time to finalize their issues, the Tribunal deferred the finalization of the Procedural Order and Issues List, as well as the scheduling of the merit hearing, to a second Case Management Conference.

The applicants brought a motion for costs following a successful hearing under the Mining Act, alleging the respondent's conduct was unreasonable, frivolous, and vexatious.

The applicants argued that the respondent's failure to call witnesses, aggressive cross-examination, and overall hearing strategy warranted a costs award.

The Tribunal dismissed the motion, finding that while the respondent's strategy was unsuccessful, it did not rise to the level of serious misconduct or bad faith required under Rule 23 of the OLT Rules of Practice and Procedure to justify a discretionary costs award.

A second Case Management Conference was held regarding an appeal under the Ontario Heritage Act to demolish a designated building.

The parties reported ongoing efforts to reach a resolution involving the preservation of significant heritage elements while removing non-conservation additions.

The Tribunal scheduled a third Case Management Conference to provide a status update or proceed as a settlement hearing.

This was the first Case Management Conference regarding appeals of the County of Lambton's decision to approve Official Plan Amendment No. 3, adopted by the City of Sarnia.

The Tribunal granted participant status to two area residents on consent.

The parties agreed to participate in a scoping exercise to identify the specific sections and schedules of the OPA under appeal.

A second Case Management Conference was scheduled for November 28, 2024, to provide an update on the scoping exercise and to schedule a hearing date.

The Ontario Land Tribunal issued a procedural order on consent following prehearing conferences regarding appeals of Zoning By-law Amendment 2002-54 by the Municipality of Northern Bruce Peninsula.

The appeals concern the definition and zoning of commercial tour boat operations.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence for a 10-day video hearing scheduled to begin in January 2025.

The Tribunal held a first Case Management Conference regarding an appeal of conditions of draft plan approval for a vacant land condominium.

The municipality indicated its intent to bring a motion disputing the standing of the appeal due to the lapsing of the draft plan extension.

The Tribunal scheduled a second Case Management Conference to hear the municipality's motion, while the parties continue discussions to potentially resolve the appeal.

The appellant appealed the City of Toronto Committee of Adjustment's refusal of a minor variance application to permit an increase from 35 to 52 townhouse units, along with increased lot coverage and building height.

The Tribunal allowed the appeal in part on an interim basis, finding that the requested variances met the four tests under s. 45(1) of the Planning Act.

The Tribunal preferred the appellant's planning evidence that the proposal represented appropriate residential intensification near a major transit station area and that the City's concerns were more appropriately addressed at the site plan and subdivision stages.

The claimant brought a claim for compensation under the Expropriations Act arising from the expropriation of lands in the City of Vaughan.

Prior to the scheduled 9-day hearing, the parties reached a full and final settlement.

On consent, the Ontario Land Tribunal cancelled the hearing and ordered the dismissal of all claims.

The applicant brought a motion for costs against the self-represented appellant following the dismissal of her appeal of a zoning by-law amendment.

The amendment sought to recognize an existing eight-unit multiple-family dwelling that had been in place for over 50 years.

The Tribunal found that the appeal was void of any legitimate land use planning grounds and had no probability of success, rendering it frivolous.

The Tribunal ordered the appellant to pay $5,000 in costs to the applicant.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant regarding the municipality's failure to adopt a requested official plan amendment and zoning by-law amendment.

The applications seek to permit the development of six industrial warehouse buildings.

The procedural order sets out the organization of the hearing, requirements before the hearing, key dates, parties, participants, and the consolidated issues list.