Ontario Land Tribunal

The appellant requested a Case Management Conference to address a disputed haul route condition arising from a previous Ontario Municipal Board decision approving its quarry.

The appellant argued the Tribunal had jurisdiction to reopen the hearing without a motion, while the City argued the Tribunal lacked jurisdiction and requested a motion hearing.

The Tribunal ordered that the appellant's request proceed by written motion to ensure due process and fully review the jurisdictional question.

The Tribunal held a first Case Management Conference regarding appeals from the County of Norfolk's refusal to approve a zoning by-law amendment and draft plan of subdivision for a 102-unit residential development.

The Tribunal granted party status to Lafarge Canada Inc. and participant status to Norfolk Disposal Services Ltd. on consent.

A five-day hearing was scheduled for March 2025, and the Tribunal approved the parties' draft Procedural Order to govern the proceedings.

A status hearing was held regarding a dormant 2007 Ontario Municipal Board decision that granted interim approval for a draft plan of subdivision.

The developer sought to reopen the file to modify conditions of approval, arguing the City had authority to do so, while the City maintained only the Tribunal could authorize changes.

The Tribunal confirmed it retained jurisdiction under s. 51(56.2) of the Planning Act and directed the parties to confer, requiring the developer to submit updated engineering reports to the City for review prior to a subsequent Case Management Conference.

The claimant brought a motion in writing seeking an order to continue the expropriation compensation proceeding under a new corporate entity, 2783866 Ontario Inc., in place of 1907142 Ontario Ltd. The respondent did not oppose the requested order.

The Ontario Land Tribunal granted the motion and ordered the title of proceedings amended accordingly.

The Hintonburg Community Association brought a motion seeking Party status in an appeal concerning minor variances for a property in Ottawa.

The applicant opposed the motion, arguing the association had no statutory right to party status and would not assist the Tribunal with expert evidence.

The Tribunal agreed with the applicant, finding no basis under the Planning Act or the Ontario Land Tribunal Act to grant Party status to the association, and dismissed the motion.

The applicant appealed the municipality's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a 15-storey residential building.

The Ontario Land Tribunal issued a Procedural Order, as agreed to by the parties, to govern the procedures leading up to a 5-day hearing scheduled to commence on February 10, 2025.

The applicant appealed the City of Mississauga's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 26-storey residential building.

The parties reached a settlement agreement.

Based on the uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial and municipal policies, representing good planning.

The appeals were allowed in part, and the Tribunal approved the requested amendments.

The Tribunal held a status update teleconference regarding appeals related to a proposed biosolid storage facility.

The applicant brought a motion to consolidate the proceedings, while the municipality indicated its intent to bring a motion challenging the Tribunal's jurisdiction over certain legal non-conforming use issues.

The Tribunal scheduled the motions to be heard at an upcoming Case Management Conference and adjourned the hearing on the merits to January 2025.

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

The Tribunal granted participant status to a local resident, approved the Procedural Order and Issues List, and scheduled a 12-day merit hearing for October 2025.

The appellant appealed the City of St. Catharines Committee of Adjustment's decision to refuse a minor variance for increased density, while granting variances for lot area, front yard setback, and landscape buffer, to facilitate a six-storey mixed-use building.

The Ontario Land Tribunal heard uncontroverted expert planning evidence supporting all four variances.

The Tribunal found that the requested variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the official plan.

The appeal was allowed and all variances were authorized.

The appellants appealed a Director's Order requiring them to address inadequate sewage works and prevent the discharge of contaminants from the subject property.

At a Case Management Conference, the parties requested an adjournment to allow their respective experts to continue productive discussions towards a long-term plan for the property.

The Tribunal granted the request on consent and scheduled a further Case Management Conference.

The appellant appealed the Committee of Adjustment's refusal of a minor variance application to permit an increased height and aggregate floor area for a new detached garage on a property zoned Environmental Protected.

The Tribunal found that the proposed variances met the four tests under s. 45(1) of the Planning Act, noting the structure was intended to house equipment for laneway maintenance and would not create negative impacts.

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

The applicant appealed the City of Welland's failure to adopt a requested Official Plan Amendment and make a decision on a Zoning By-law Amendment to permit a 122-unit residential development on a brownfield site.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments represent good planning, are consistent with the Provincial Planning Statement, and conform to the applicable official plans.

The Tribunal allowed the appeals in part to approve the amendments in accordance with the settlement.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by 1000403721 Ontario Corp. against the City of Brantford's refusal or neglect to make a decision on a zoning by-law amendment application.

The application seeks to permit the redevelopment of the site with a 6-storey mixed-use building.

The hearing is scheduled to commence on April 8, 2025, for four days.

The Ontario Land Tribunal issued a final order allowing the appeal by the applicant regarding a Zoning By-law Amendment application for a Temporary Use By-law to permit a fire training academy in Tay Township.

The Tribunal was satisfied that the pre-requisite matters identified in its previous Interim Order had been fulfilled, and approved the Zoning By-law Amendment.

The appellants appealed the Township's passing of an amending zoning by-law concerning the definition of an 'improved street' and conditions for issuing building permits on lots without frontage on an improved street.

The parties engaged in mediation and presented a settlement with proposed modifications to the by-law.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement, in conformity with applicable official plans, and representative of good land use planning.

The Tribunal allowed the appeals in part to implement the agreed-upon amendments.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the Township of Severn and the County of Simcoe for failing to make decisions on a zoning by-law amendment and a draft plan of subdivision.

The proposed development consists of 534 residential units.

The Tribunal granted participant status to thirteen individuals, approved the final Procedural Order and Issues List, and scheduled a 15-day merit hearing to commence in July 2025.

At a Case Management Conference for appeals concerning applications to rezone and approve a plan of subdivision, the County of Brant requested an adjournment of the merit hearing to review a newly received geotechnical report.

The appellant consented on the condition that the report be circulated on a 'with prejudice' basis and the hearing be rescheduled by August 2025.

The Tribunal granted the adjournment, rescheduled the five-day merit hearing to August 18, 2025, and issued procedural directions.

The Ontario Land Tribunal held a Case Management Conference regarding three claims for compensation under the Expropriations Act arising from the expropriation of a property for the Ontario Line Subway project.

The claimants requested that a fourth related claim be heard together with these three.

The Tribunal scheduled a 15-day joint hearing for September 2025 and adjourned the CMC to allow the fourth claimant to file their Notice of Arbitration and Statement of Claim.

The Ontario Land Tribunal held a first case management conference regarding appeals by the applicant against the City of Hamilton's failure to adopt official plan and zoning by-law amendments for a proposed mixed-use development.

The Tribunal granted participant status to a representative of a neighbouring condominium corporation, scheduled a seven-day hearing on the merits, and approved the procedural order and issues list.