OLT 2024

The appellant appealed the City of Mississauga's Zoning By-law No. 0008-2023 under section 34(19) of the Planning Act.

Following a settlement hearing, the parties submitted a final form of the Zoning By-law amendment on consent.

The Ontario Land Tribunal ordered that the agreed-upon Zoning By-law amendment is in full force and effect.

The Ontario Land Tribunal issued a Procedural Order to govern the required procedure leading up to and including the hearing scheduled to commence on July 3, 2024.

The hearing concerns appeals by Steven Andrews regarding a proposed Official Plan Amendment and Zoning By-law to permit a 25-storey residential building at 200 Clearview Avenue in Ottawa.

At a Case Management Conference regarding an appeal of a Director's Order related to waste disposal at a salvage yard, the parties sought approval of a draft Procedural Order.

The parties disagreed on the timing of witness statements and the necessity of examinations for discovery.

The Tribunal adjusted the delivery date for witness statements to accommodate potential motions for examinations and approved the revised Procedural Order, scheduling a ten-day video hearing.

This was a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law, related Official Plan updates, and residential parking requirements.

On consent of the parties, the Tribunal consolidated the Parking By-law Appeal with the Comprehensive Zoning By-law and Official Plan Amendment appeals.

The Tribunal also scheduled a settlement hearing for April 23, 2024, to address settlements reached with several appellants, and a third Case Management Conference for June 25, 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.

At the second Case Management Conference, the Tribunal scheduled a six-day merit hearing and a third Case Management Conference.

The Tribunal also noted the parties' intent to consolidate an anticipated site plan appeal with the current proceedings.

The applicant appealed the Town's neglect to make a decision on applications for a zoning by-law amendment and site plan approval to permit a private camp and retreat centre.

The Tribunal issued an amending decision to correct technical and typographical errors in its previous decision dated March 1, 2024.

The amendments corrected specific paragraphs detailing the gross floor area, parking spaces, and policy conformity.

The Canadian National Railway Company appealed the Town of Aylmer's approval of a Zoning By-law Amendment that permitted a residential subdivision near a railway line, citing concerns about safety, noise, and vibration.

Prior to the hearing, the parties reached a settlement and proposed a revised Zoning By-law Amendment that included a 15-metre rear yard depth to address the railway's concerns.

Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment consistent with provincial and local planning policies and allowed the appeal in part to implement the settlement.

The applicant appealed the City's failure to make a decision on a Zoning By-law amendment application to permit a 10-storey mixed-use building.

The parties reached a settlement that reduced the building height, density, and dwelling units while increasing parking.

Based on the uncontested planning evidence, the Tribunal found the revised proposal represented good planning and approved the settlement in principle, withholding its final order until the City confirmed all conditions were met.

The appellant appealed the Township of Tiny's new comprehensive zoning by-law, arguing that an additional 15-metre setback from the Regulatory Flood Line for boathouses did not conform to the Official Plan.

The Official Plan prohibited structures adjacent to Georgian Bay unless they were 'essential for boating purposes'.

The Tribunal preferred the municipality's expert evidence, finding that while boathouses are useful for storing boats, they are not 'essential' for boating purposes.

The Tribunal concluded the zoning by-law conformed to the Official Plan and dismissed the appeal.

The Tribunal held a third Case Management Conference regarding an appeal for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit an 11-storey mixed-use building.

The Tribunal granted party status on consent to adjacent landowners Jiljan Inc. and Romby Investments Limited.

The parties were directed to finalize the Procedural Order and Issues List, and a five-day video hearing was scheduled for January 2025.

During a hearing for compensation under the Expropriations Act, one of the claimants passed away.

The claimants filed a requisition and affidavit requesting an order to continue the proceeding and amend the title of proceedings to reflect the appointment of estate trustees.

The respondent did not oppose the request.

The Ontario Land Tribunal ordered that the proceeding be continued and the title of proceedings be amended accordingly.

The applicant appealed the City's failure to make a decision on official plan and zoning by-law amendment applications for a proposed mixed-use high-rise development.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Waterloo and Air Liquide Canada Inc. The Tribunal declined the applicant's request to link Air Liquide's party status to disclosure obligations, directing that disclosure issues be addressed separately.

A second Case Management Conference was scheduled to finalize the procedural order and address any outstanding disclosure motions.

The appellants appealed the Town of Whitby By-Law No. 7729-21 under subsection 34(19) of the Planning Act.

On consent of all parties, the Ontario Land Tribunal allowed the appeals and repealed the by-law in its entirety pursuant to subsection 34(26) of the Planning Act.

The Ontario Land Tribunal held a second Case Management Conference regarding an expropriation compensation claim.

The parties reported progress in settlement negotiations and indicated a likelihood of undertaking mediation.

The Tribunal scheduled a third Case Management Conference and directed the parties to advise if they wish to utilize the Tribunal's mediation facilities.

At a Case Management Conference regarding appeals for official plan and zoning by-law amendments for a mixed-use development, the Tribunal granted a request on consent to substitute 7700 Bathurst LP for 1529749 Ontario Inc. as the Appellant, following the sale of the subject lands.

The Tribunal deferred a request by the City of Vaughan to have the proceedings heard together with another Tribunal case, noting that the other case was not before this panel and the request should be raised at the upcoming CMC for that case.

The Tribunal scheduled further CMCs and provided directions for a draft Procedural Order and Issues List.

The applicant appealed the City's failure to adopt an official plan amendment and approve a zoning by-law amendment to permit a stacked townhouse development.

At the first Case Management Conference, the parties agreed on procedural matters and requested the scheduling of a second CMC and a merit hearing.

The Tribunal scheduled a second CMC for May 8, 2024, and a five-day merit hearing commencing August 26, 2024, and approved the draft Procedural Order.

This decision arises from the first Case Management Conference regarding multiple appeals of the Municipality of Middlesex Centre's Official Plan Amendment 59.

The Tribunal granted party status to several non-appellant property owners who demonstrated genuine land use planning concerns.

The parties were directed to prepare a draft Procedural Order and Issues List in advance of the second Case Management Conference, which was scheduled for May 8, 2024.

This was a Case Management Conference regarding an appeal by CBM Aggregates against the Town of Caledon's Extension By-law, which extended an Interim Control By-law prohibiting new gravel pits or quarries on certain lands.

The Tribunal granted party status to the Forks of the Credit Preservation Group Inc., approved the draft Procedural Order and Issues List, and scheduled a three-day video hearing for September 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Bradley & Company Inc. against the Township of Wellesley's decision on a Zoning By-Law Amendment application.

The amendment seeks to permit a 12-unit stacked townhouse development.

The Tribunal clarified that the appeal falls under s. 34(19) of the Planning Act, approved the draft Procedural Order, and scheduled a three-day merit hearing to commence on October 2, 2024.

A Case Management Conference was held to organize the hearing of a claim for compensation brought by the claimant against the respondent under the Expropriations Act.

The Tribunal approved the revised Procedural Order submitted by the parties and scheduled a five-day Merit Hearing to commence on November 4, 2024, by video.