Ontario Land Tribunal

The Tribunal held a first Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on a Zoning By-law Amendment and Draft Plan of Subdivision within the statutory timeframes.

The applications propose a residential subdivision of approximately 746 dwelling units.

The parties requested a Tribunal-led mediation evaluation and a second CMC to allow time for potential mediation.

The Tribunal scheduled a second CMC for October 24, 2025, and directed the parties to provide an updated Procedural Order and Issues List.

The Tribunal received a request on consent of the parties to amend a procedural timeline in an ongoing appeal regarding the construction of three residential towers in Cambridge.

The Tribunal ordered that the deadline for parties to exchange expert witness statements be extended from July 30, 2025, to August 11, 2025.

In all other respects, the procedural order remains the same.

The claimant and respondent requested an amendment to the procedural timelines contained in a prior Procedural Order leading up to a hearing for the determination of compensation under the Expropriations Act.

The Tribunal granted the request on consent and ordered the amended dates for the exchange of appraisal reports, completion of oral discoveries, exchange of witness lists, and other pre-hearing steps.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals of the City of Richmond Hill's Official Plan Amendment No. 18.6.

The Tribunal issued a Procedural Order and scheduled a seven-day merit hearing to commence by video on April 13, 2026.

The applicant appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments to permit the construction of two 18-storey residential buildings.

Following a previous decision approving the redevelopment in principle subject to pre-conditions, the Ontario Land Tribunal found that the pre-conditions had been satisfied.

The Tribunal allowed the appeals and ordered the amendments to the Official Plan and Zoning By-law.

This decision arises from a Case Management Conference regarding an appeal of the City's refusal to amend the Official Plan and Zoning By-law to permit a 45-storey residential tower.

The Tribunal granted party status to two adjacent property owners and participant status to several local residents.

A 10-day hearing was scheduled for April 2026, and a procedural order was issued to govern the proceedings.

The appellant appealed the Committee of Adjustment's denial of minor variances required to replace an existing dwelling with a new one-storey detached dwelling.

Prior to the hearing, the parties reached a settlement and presented revised variances.

Based on uncontroverted expert planning evidence, the Tribunal found the revised variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and had appropriate regard for matters of provincial interest.

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

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 778 (Avenues Policy Framework).

The Tribunal granted participant status to the Swansea Area Ratepayers Association and Group.

On consent, the Tribunal confirmed that the unappealed portions of OPA 778 came into force and effect on March 14, 2025, pursuant to s. 17(27) of the Planning Act.

A third Case Management Conference was scheduled.

The appellant appealed the City of Ottawa's refusal of a Zoning By-law Amendment application to permit the construction of five additional dwelling units by reducing the minimum total amenity area for an existing mixed-use, high-rise building.

The Tribunal found that the proposed reduction in amenity area to 2000 m² was consistent with the Provincial Policy Statement, conformed to the City's Official Plan, and represented good planning.

The Tribunal allowed the appeal in part, directing the City to amend the zoning by-law to require a minimum total amenity area of the greater of 3.454 m² per dwelling unit up to 579 units plus 6 m² per unit in excess of 579 units, and 2000 m².

The appellant appealed the County of Northumberland's failure to make a decision on an application for an Official Plan Amendment to change the land use designation of the subject property from Agricultural to Rural Settlement Area.

At the first Case Management Conference, the parties advised they were engaged in ongoing settlement discussions and jointly requested a second CMC.

The Tribunal scheduled a second CMC for November 20, 2025, and directed the parties to submit a draft procedural order and issues list if a resolution is not reached.

The appellant appealed the Region's decision to impose a commercial development charge for a property to be leased to Goodwill Industries.

The appellant argued that Goodwill's operations, which include processing and recycling textiles, should be classified as an 'Industrial Use' under the Development Charge By-law.

The Tribunal found that the by-law's definition of 'Industrial Use' clearly requires the use to be connected with manufacturing.

Since no manufacturing was occurring on the property, the Tribunal concluded that the commercial rate was correctly applied and dismissed the appeal.

The Ontario Land Tribunal issued a procedural order on consent to govern the hearing of appeals by Lewis 286 Development Inc. concerning the City of Hamilton's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision.

The applications seek to facilitate the development of 309 residential units at 286 Lewis Road.

The Tribunal scheduled a 10-day video hearing to commence on September 26, 2025, and established a timeline for the exchange of witness lists, expert reports, and visual evidence.

The appellant appealed the Hamilton Conservation Authority's refusal of a development permit application for a six-storey residential building in a regulated area of Spencer Creek.

At the first Case Management Conference, the Ontario Land Tribunal scheduled a second Case Management Conference and directed the parties to file a draft Procedural Order and Issues List in advance.

The applicant appealed a Committee of Adjustment decision denying a minor variance to permit a garden home to be located 51 metres from the front lot line, whereas the zoning by-law permits a maximum of 30 metres.

The City did not participate in the hearing but requested conditions if the appeal was allowed, to which the applicant consented.

The Tribunal found that the variance met the four tests under section 45(1) of the Planning Act, noting that the increased setback was directly related to the large front yard setback of the existing primary dwelling.

The appeal was allowed and the variance authorized subject to the agreed-upon conditions.

The Ontario Land Tribunal issued an amending decision to correct technical and typographical errors in its previous decision dated July 22, 2025.

The amendments included replacing a paragraph regarding a party's position on a technical error and correcting the spelling of counsel's name.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal issued a procedural order governing the upcoming hearing for an appeal by Pheasant Run Realty Holdings Inc. regarding a zoning by-law amendment in the Town of Blue Mountains.

The appeal seeks exceptions to permit increased lot coverage and reduced minimum lot areas to facilitate the development of 19 new residential units.

The hearing is scheduled for five days commencing October 20, 2025.

The Ontario Land Tribunal issued an order scheduling a further Case Management Conference for October 15, 2025, regarding appeals of the City of Ottawa's adoption of Official Plan Amendment No. 3.

The scheduling order was made after the parties advised that settlement discussions had advanced.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Town of Erin's Development Charges By-law 24-35.

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

The Tribunal approved the Procedural Order and scheduled the hearing of the merits to commence on December 1, 2025, by video hearing.

The moving party municipality brought a motion to dismiss the responding party's appeal of a Committee of Adjustment decision denying a minor variance for building height.

The municipality argued the notice of appeal failed to disclose any genuine land use planning grounds.

The Tribunal agreed, finding the notice of appeal did not identify any tenable issue requiring adjudication under subsection 45(17)(a)(i) of the Planning Act.

The motion was granted and the appeal was dismissed.

The applicant appealed the Town's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a two-storey place of worship.

Following a productive Tribunal-led mediation, the parties requested additional hearing dates to allow for continued mediation.

The Tribunal scheduled a two-day hearing, which may be converted to a settlement hearing if a resolution is reached, and directed the filing of a revised Procedural Order.