OLT 2024

The applicant sought a pooling order under the Oil, Gas and Salt Resources Act for the purpose of drilling a brine well.

At the first Case Management Conference, the Tribunal provided guidance to the respondent's representative regarding Tribunal procedures and the roles of parties versus participants.

The Tribunal directed the parties to submit a draft Procedural Order and scoped Issues List on consent and scheduled a second Case Management Conference.

The applicant appealed the City of Ottawa's failure to make a decision on a draft plan of subdivision for 554 residential units within the prescribed timeframe.

At the first Case Management Conference, the Ontario Land Tribunal granted party status on consent to an adjacent developer, Mattamy (Jock River) Limited.

The Tribunal directed the parties to finalize a draft Procedural Order and scheduled a nine-day merit hearing to commence in October 2024.

The applicant brought a motion to dismiss the appellant residents association's appeals of official plan and zoning by-law amendments permitting an 8-storey residential building.

The appellant argued the development would block protected scenic views of Casa Loma and the downtown skyline, violate mid-rise building performance standards, and negatively impact a building with heritage value.

The Tribunal found that the specific views the appellant sought to protect were not identified in the applicable Official Plan schedule, the mid-rise guidelines were not zoning by-laws, and the Tribunal lacked jurisdiction to compel heritage designation.

Concluding the appeals lacked valid land use planning grounds and had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeals without a hearing.

The Ontario Land Tribunal issued a Procedural Order to govern the procedure leading up to and including the hearing scheduled to commence on May 21, 2024, regarding an appeal of a Work Plan to remove underground fuel tanks and piping at a gas bar.

The appellant appealed a Committee of Adjustment decision refusing minor variances for increased lot coverage and reduced side yard setback to permit a covered patio and pool shed constructed without a building permit.

The Ontario Land Tribunal allowed the appeal, finding that the additions maintained the general intent and purpose of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The Tribunal authorized the variances, noting they did not create adverse impacts on the neighbourhood or adjacent properties.

The City of Toronto brought a motion to consolidate four separate appeals concerning development charges under the Development Charges Act.

The appellants opposed the motion, arguing that their appeals were site-specific, at different stages of readiness, and based on different legal challenges.

The Tribunal denied the motion to consolidate, finding insufficient commonalities and concluding that combining the appeals would be prejudicial to the individual parties and inefficient.

The applicant appealed the municipality's refusal of a zoning by-law amendment to permit the construction of rental cabins, a boathouse, and an accessory dwelling.

At the first Case Management Conference, the Tribunal granted party status to a neighbouring property owner on consent.

The Tribunal directed the parties to finalize a draft Procedural Order and scheduled a three-day merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1728 Bloor West Dev Inc. from the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Application for a 19-storey mixed-use building.

The Tribunal granted party status to Bloor Keele Holdings Inc. and Toronto Lithuanian Senior Citizens Inc. on consent.

A 10-day merit hearing was scheduled to commence on August 12, 2024, and the parties were directed to submit a final Procedural Order and Issues List by February 29, 2024.

A Case Management Conference was held regarding appeals by the applicant concerning the redevelopment of a former cookie factory.

The Tribunal consolidated a new appeal regarding a draft plan of subdivision with the existing appeals concerning an Official Plan Amendment and Zoning By-law Amendment.

A revised Procedural Order and Issues List were approved on consent, and a four-day merit hearing was scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal under section 34(11) of the Planning Act for the City of Toronto's failure to render a decision on a Zoning By-law Amendment application.

The applicant proposes a 29-storey residential building.

The Tribunal scheduled a 10-day hearing on the merits for March 2025 and approved the finalized Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Alan and Tamara Hutchinson against the Municipality of Shuniah's refusal of applications for an Official Plan Amendment, Zoning By-Law Amendment, and consents to permit a wellness retreat centre.

The Tribunal granted party status to 19 neighbouring property owners on consent.

A five-day merit hearing was scheduled to commence on July 8, 2024, by video hearing.

The appellant brought a motion seeking an order that its demolition permit application was deemed consented to under the Ontario Heritage Act because the Municipality failed to provide notice of its decision within the statutory 90-day period.

The Tribunal agreed that deemed consent occurred due to the lack of timely notice.

However, the Tribunal found that the Municipality possessed the authority under the Municipal Act to revoke the by-law associated with the demolition permit, effectively revoking the permit.

The motion was therefore dismissed.

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

The applicant argued that the appellant's motion to adjourn the merit hearing and the evidence presented at the hearing were unreasonable and frivolous.

The Tribunal found that the motion to adjourn was justified due to an incomplete municipal record, and that the appeal was based on valid land use planning grounds.

The Tribunal concluded that the appellant's conduct was neither vexatious nor in bad faith, and dismissed the motion for costs.

The applicants appealed the Town of Caledon's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit the development of two one-storey industrial buildings.

The parties reached a settlement that relocated a planned public road to the perimeter of the subject property and adjacent lands, allowing for greater flexibility in building sizes.

The Tribunal accepted the uncontested planning evidence that the revised proposal was consistent with provincial policies and represented good land use planning, allowing the appeals in part to implement the settlement.

A case management conference was held regarding appeals of an Official Plan Amendment and a Zoning By-law Amendment.

The Preservation of Agricultural Lands Society (PALS) requested party status in the Zoning By-law Amendment appeal.

The applicant objected, arguing PALS did not make submissions during the municipal process and lacked a direct interest.

The Tribunal granted PALS party status, finding they had sufficient grounds as an appellant in the related Official Plan Amendment appeal.

The Tribunal also directed the parties to finalize the draft procedural order and issues lists, and scheduled an eight-day hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Whitby's Official Plan Amendment 130, which introduces policies for residential infill and intensification.

The parties advised that settlement discussions were ongoing and requested a second CMC.

The Tribunal scheduled a second CMC for June 18, 2024, and directed the parties to provide a draft Procedural Order or settlement materials prior to that date.

The appellants appealed the Committee of Adjustment's denial of minor variances required to construct a second storey and ground floor addition to their detached dwelling.

Prior to the hearing, the parties reached a settlement and presented revised variances with reduced massing and setbacks.

The Tribunal found the amended application minor, requiring no further notice.

Based on uncontested expert planning evidence, the Tribunal allowed the appeal in part and authorized the revised variances subject to conditions, finding they met the four tests under the Planning Act.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make a decision on Official Plan and Zoning By-law Amendment applications within the statutory timeframes.

The applications seek to facilitate a 29-storey mixed-use building.

The parties submitted a draft Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming merit hearing.

The Ontario Land Tribunal held a case management conference to address appeals concerning a proposed 36-lot residential development on Langmaid's Island and a related Community Planning Permit By-law.

On consent, the Tribunal ordered the bifurcation of the applicant's site-specific appeal from a general appeal of the by-law.

The Tribunal also scheduled a four-day merit hearing to resolve the remaining site-specific issues, including the implementation of a prior Phase 1 decision and the placement of sleeping cabins.

The Town of Pelham requested a Case Management Conference regarding the failure of the appellant to satisfy conditions from an August 2022 Interim Order approving an Official Plan Amendment and Zoning By-law Amendment.

The conditions required the submission of odour control descriptions, a site plan, and a Contingency Odour Management Plan.

The Town requested a 60-day deadline for compliance, while the appellant requested 125 days due to internal management changes and a corporate sale.

The Tribunal found a middle ground, ordering the appellant to submit the required documentation by April 30, 2024, and establishing a timeline for the Town's review and final resolution.