Patrick John Harrington

The appellant appealed the Town's failure to make a decision on a zoning by-law amendment application to permit a residential development.

At a Case Management Conference, the parties sought to schedule a hearing.

The Town requested an adjournment sine die pending a Superior Court of Justice decision on a Municipal Conflict of Interest Act application, which affected the Town's ability to provide instructions.

The Tribunal declined to adjourn sine die but scheduled tentative hearing dates for October 2022, allowing the Town to request an adjournment without a formal motion if the pending court decision necessitated it.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.

The City advised that settlements had been reached with several parties and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing for May 19, 2022, and a two-week merits hearing commencing July 4, 2022.

At a Case Management Conference regarding an appeal of the Hamilton Conservation Authority's refusal to permit the relocation of a wetland, the Ontario Land Tribunal addressed requests for Party and Participant status.

Environmental Defence was granted Party status over the appellant's request for deferral, as it demonstrated a genuine interest and ability to assist the Tribunal.

Twenty-two individuals were granted Participant status without opposition.

A further Case Management Conference was scheduled to finalize the issues list and address the anticipated consolidation with a forthcoming draft plan of subdivision appeal.

Beachside Development Inc. sought costs against Manning Developments Inc. following the dismissal of Manning's appeal of a zoning by-law amendment.

The Tribunal found that Manning's appeal lacked any land use planning grounds and was filed to delay Beachside's development and advance Manning's own servicing dispute with the Municipality.

Concluding that Manning's conduct was patently unreasonable and vexatious, the Tribunal awarded costs to Beachside on a partial indemnity scale in the amount of $12,500.

The appellant appealed the passing of an Official Plan Amendment and a Zoning By-law Amendment by the municipality, which would permit a 337-unit model trailer park on a 38.6-hectare parcel of land.

At the second Case Management Conference, the parties agreed that approximately 15 days were required for the hearing of the merits.

The Tribunal scheduled a 14-day video hearing and directed the parties to finalize and submit the Draft Procedural Order and Issues List for final approval.

The Tribunal held a third Case Management Conference regarding appeals for a proposed eight-storey residential condominium development.

A party withdrew, and the Tribunal received a status update on the upcoming four-week hearing.

The Tribunal amended the Procedural Order on consent to allow documents for cross-examination to be provided 24 hours in advance of a witness's testimony, rather than delivering password-protected materials earlier.

The Ontario Land Tribunal heard Phase 2 of appeals regarding the Yonge and Bernard Key Development Area (KDA) Secondary Plan and Zoning By-law in the City of Richmond Hill.

The hearing focused on site-specific development applications and policies for the eastern quadrants and the Di Pede lands in the northwest quadrant.

The Tribunal approved the City's proposed modifications, which were supported by expert planning, transportation, and environmental evidence.

The Tribunal upheld the Greenway System designation and natural hazard buffer requirements for the northeast quadrant, dismissing the appeals of North Elgin Centre Inc. (NEC), which failed to call any evidence.

All other appeals were dismissed, bringing the Secondary Plan and Zoning By-law into effect for the remaining lands.

The parties requested a further Case Management Conference (CMC) to address details of phasing and outstanding matters in the Procedural Order regarding appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted the request and scheduled a further CMC for February 24, 2022.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the Friends of South Shore against Prince Edward County's approval of an Official Plan Amendment and Zoning By-law Amendment.

The amendments would permit a 337-unit model trailer park.

The Tribunal addressed requests for status, granting participant status to several individuals and an unincorporated residents' group.

A second Case Management Conference was scheduled to finalize the draft procedural order.

The appellant sought to convert a 2.57-hectare vacant industrial site from an Employment designation to a Residential designation to permit a development comprising townhouses, mid-rise apartments, and a retirement home.

The City of Toronto opposed the conversion, arguing the site should be protected for long-term employment uses.

The Tribunal allowed the appeal in part, finding that the surrounding area had already transitioned significantly away from traditional employment uses toward retail and residential functions.

The Tribunal concluded that the proposed conversion satisfied the criteria under the 2006 Growth Plan, as there was a reasonable need for the conversion, it would not adversely affect the viability of the broader employment area, and the site was not required for long-term employment purposes.

An Interim Order was issued approving the conversion, with directions for the parties to finalize the site-specific Official Plan and Zoning By-law amendments.

The applicant appealed the City of Brampton's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit a 200-unit townhouse development.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development makes efficient use of vacant lands, protects adjacent wetlands, and conforms to provincial and municipal planning policies.

The appeal was allowed in part and the zoning by-law was amended, with the final order withheld pending the fulfillment of settlement conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications for an 11-storey residential building.

The Tribunal granted party status to the region on consent and recognized 51 participants.

The Tribunal approved the finalized Procedural Order and scheduled a 10-day video hearing for the merits of the appeals.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Waterloo's Official Plan, zoning by-law amendments, and draft plans of subdivision.

The City withdrew its motion to geographically scope the Official Plan appeal.

The Tribunal approved a draft Procedural Order on consent of the parties, scheduling a 20-day video hearing for October 2022 and setting out the procedural requirements, including the exchange of draft conditions and expert witness meetings.

This was the second Case Management Conference regarding an appeal by Sarah Properties Ltd. following the Town of Orangeville's failure to render a decision on applications for an Official Plan Amendment and a Zoning By-law Amendment.

The applications seek to facilitate a mixed-use development.

The Tribunal approved the draft Procedural Order and scheduled a 3-week video hearing to commence on October 31, 2022.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.

The parties presented a draft Procedural Order and thematic Issues List.

The Tribunal directed the parties to finalize the Procedural Order, attempt to resolve specific built form issues, and scheduled a five-week hearing for May and June 2022.

The City of Burlington brought a motion during a Case Management Conference to release the freeze on certain lands under an Interim Control By-law (ICBL).

The ICBL remained in effect due to appeals of a Zoning By-law Amendment (ZBA) that applied only to a specific area near the Burlington GO Station.

The Tribunal found, based on uncontested planning evidence, that the ZBA did not apply to the lands outside its specific area.

Consequently, pursuant to s. 38(6.1) of the Planning Act, the Tribunal's finding invoked the release of the ICBL for all remaining lands outside the ZBA area, allowing prior zoning to resume effect.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by multiple cannabis operators against the Town of Pelham's Official Plan Amendment No. 09 and Zoning By-law No. 4252 (2020).

The parties reported ongoing settlement discussions but requested the scheduling of a merits hearing.

The Tribunal scheduled a four-day video hearing to commence on January 24, 2022, and issued a Procedural Order to govern the proceedings.

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals against the City of Ottawa's Development Charges By-laws.

The Tribunal noted the withdrawal of two appeals, that six matters remained under active discussion, and that one matter (Chapman Mills) required a hearing.

The Tribunal scheduled a five-day hearing for the Chapman Mills appeal and set a fourth Case Management Conference for the remaining matters.

The applicants appealed the Township's refusal of a zoning by-law amendment to permit an expansion to an existing cabin and the construction of a new boathouse and dock on an island property.

At the second Case Management Conference, the parties advised they were working towards a settlement but required a site visit by ecologists.

The Tribunal scheduled a third Case Management Conference and a five-day hearing.

A Case Management Conference was held regarding an appeal of Official Plan Amendment No. 26, which redesignates employment lands for alternative uses in St. Catharines.

The Tribunal granted party status on consent to several applicants.

As mediation was deemed unlikely to resolve the issues by most parties, the Tribunal scheduled a second Case Management Conference and a 15-day hearing.