OLT 2024

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal against the City of Markham's by-law designating a property under the Ontario Heritage Act.

The parties had already exchanged written materials and proposed a three-day hearing on the merits.

The Tribunal approved the proposed procedural order and scheduled the hearing for February 2025.

The applicant appealed the failure of the County of Brant to make decisions regarding applications to rezone and approve a plan of subdivision for a 390-unit residential development.

At the third Case Management Conference, the parties indicated ongoing settlement discussions and requested the scheduling of a five-day merit hearing and a fourth Case Management Conference.

The Tribunal scheduled the merit hearing for February 2025 and the next Case Management Conference for November 2024, and directed the parties to file a draft Procedural Order and Issues List.

At a second Case Management Conference regarding appeals of the Town of Oakville's refusal of Official Plan and Zoning By-law amendments for a 57-unit development, the Tribunal consolidated related Ontario Heritage Act appeals with the planning appeals on consent.

The parties agreed to attempt to resolve a dispute over the Region of Halton's issue regarding a Record of Site Condition, failing which a motion to strike the issue will be heard at the next CMC.

A 15-day hearing remains scheduled for January 2025.

The applicant requested an extension of the lapsing date for the clearing of conditions for a draft plan of subdivision.

The Town of Collingwood had previously granted a 30-day emergency extension to July 29, 2024.

The Tribunal determined that the requested change to the condition to extend the lapsing provision was minor and required no further notice.

The Tribunal ordered that the lapsing date be extended for three years, up to and including July 29, 2027.

The Town of Midland brought a motion in writing to approve settlements reached with appellants Sri Venkateswara Holdings Inc. and William Smith regarding the 2019 Town of Midland Official Plan.

Based on the planning evidence provided by the Town, the Tribunal allowed the appeals in part, modified the Official Plan designations and policies for the subject properties, and approved the Official Plan as modified.

Following a 2021 interim decision allowing the appeals in part, the Ontario Land Tribunal issued its final order approving the settlement between Satin Finish Hardwood Flooring Ontario Ltd. and the City of Toronto.

The Tribunal approved the requested conversion of employment lands to non-employment uses and amended the Official Plan and Zoning By-law for the property at 8 Oak Street to permit the development of 99 townhouse units.

The Applicant appealed the Township's failure to make a decision on applications for a zoning by-law amendment and consents to sever to facilitate a 10-lot residential development.

At the first Case Management Conference, the Tribunal granted party status to neighbouring landowners and participant status to the County and another resident.

The Tribunal scheduled a nine-day merit hearing and declined the Township's request to order the Applicant to hold a public open house, finding the Tribunal's public process sufficient.

The applicant, as Estate Trustee for the deceased, applied for a vesting order and relief from forfeiture regarding several unpatented mining claims held by the deceased.

As the Tribunal lacked jurisdiction to grant relief from forfeiture, it exercised its discretion under s. 64(2.1) of the Mining Act to issue an Order of pending proceedings for the active mining claims.

The Provincial Mining Recorder was directed to note the pending proceedings on the abstracts of the active claims.

The City of Toronto brought a motion to dismiss the Claimant's claim for injurious affection under the Expropriations Act without a hearing.

The City argued the Claimant failed to identify actionable conduct by the City or a basis for nuisance, as the City merely issued permits for construction by others.

The Ontario Land Tribunal dismissed the motion, finding that the pleadings sufficiently set out the elements of an injurious affection claim and that there were genuine issues of fact and law in dispute that required a full hearing.

The claimant brought a motion for a confidentiality order regarding business loss reports filed in an expropriation proceeding.

The parties had settled all compensation claims except for costs under section 32 of the Expropriations Act.

The claimant argued that public disclosure of its confidential financial records, including costs and profit margins, would cause competitive disadvantage and economic harm.

The Ontario Land Tribunal granted the motion, ordering that the specified business loss reports be excluded from the publicly available file and redacted from the final costs decision.

The appellant appealed the Township of Oro-Medonte's Zoning By-law No. 2020-046, which regulated cannabis production and processing facilities.

The parties reached a settlement to modify the by-law for a specific site.

Based on uncontroverted land use planning evidence, the Tribunal found the site-specific amendment consistent with provincial and municipal planning policies.

The appeal was allowed in part, and the zoning by-law was modified to permit the facility subject to specific setbacks and a holding provision requiring site plan approval.

The applicant appealed the City of Toronto's failure to make a decision on applications for a zoning by-law amendment and site plan approval to permit a 33-storey mixed-use building.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the proceedings leading up to a 10-day hearing scheduled to commence on May 26, 2025.

The Tribunal held a fourth Case Management Conference regarding multiple appeals against the City of Ottawa's adoption of Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).

The Tribunal scheduled a three-day merit hearing for one appeal, a one-day settlement hearing for another, and a further Case Management Conference for the remaining appeals to allow ongoing settlement discussions to continue.

One appeal was held in abeyance pending a status update.

The applicants appealed the City of Richmond Hill's failure to make a decision on a zoning by-law amendment application to permit three infill dwellings.

At the first Case Management Conference, the Tribunal granted participant status to neighbouring property owners who raised concerns about neighbourhood character and lot patterning.

The Tribunal scheduled a second Case Management Conference for October 17, 2024, and directed the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated July 4, 2024.

The amendment corrected the date of the Draft Plan referenced in the order approving the plan of subdivision.

The applicant appealed the City of Ottawa Committee of Adjustment's refusal of a minor variance to permit a home-based personal fitness training business to occupy 34% of the dwelling's gross floor area, exceeding the 25% maximum.

The Tribunal heard uncontroverted expert planning evidence that the business operates indoors without causing noise, traffic, or parking nuisances.

Finding that the variance met the four tests under s. 45(1) of the Planning Act and was consistent with provincial policies promoting economic development, the Tribunal allowed the appeal and authorized the variance.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's refusal of applications for official plan and zoning by-law amendments, and site plan approval.

The Tribunal granted participant status to three entities on consent.

A second Case Management Conference was scheduled to allow the parties to finalize the issues list and draft Procedural Order.

This was the first Case Management Conference concerning an appeal by Format Lakeshore Inc. against the Town of Oakville's failure to adopt requested Official Plan and Zoning By-law amendments for an 11-storey mixed-use building.

The Tribunal granted party status to the Regional Municipality of Halton and Frastell Associates Inc., and participant status to Lorna Sinclair and Arbour Memorial Inc. The Tribunal also approved a Procedural Order and scheduled a seven-day video hearing to commence on February 18, 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the Town of Fort Erie's approval of an Official Plan Amendment and Zoning By-Law Amendment to facilitate the creation of two new residential lots.

The parties indicated they were engaging in private settlement discussions and requested additional time.

The Tribunal scheduled a second Case Management Conference for October 3, 2024, and directed the parties to provide a Draft Procedural Order or status update by September 23, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal against the City of Burlington's Heritage By-law No. 32-2023 for the property at 488 Locust Street.

The self-represented appellants indicated an intention to bring a motion for summary judgment, but the parties agreed to pursue Tribunal-assisted mediation first.

The Tribunal directed the parties to apply for mediation and scheduled a further Case Management Conference for December 4, 2024, and a three-day merit hearing commencing March 5, 2025, in the event mediation is unsuccessful.