Patrick John Harrington

The Toronto and Region Conservation Authority and the City of Vaughan brought a motion for directions to phase the hearing of an appeal regarding a proposed 21-storey residential development.

The moving parties sought a Phase 2A hearing to determine natural heritage and hazard issues (the permissible building envelope) before a Phase 2B hearing on remaining planning issues.

The appellant argued the motion was barred by issue estoppel due to a prior review disposition.

The Tribunal found issue estoppel did not apply, as the prior disposition did not decide the phasing request.

The Tribunal granted the motion, finding that determining the permissible building envelope is a threshold issue and that phasing the hearing would provide the most fair, just, and expeditious resolution of the appeals.

The Toronto and Region Conservation Authority and the City of Vaughan brought a motion requesting a phased hearing for appeals concerning a proposed 21-storey residential development on lands with environmental designations.

The moving parties sought a Phase 2A hearing to determine the permissible building envelope based on natural heritage and hazard issues, followed by a Phase 2B hearing for remaining planning issues.

The appellant opposed the motion, arguing it was barred by issue estoppel due to a prior review disposition.

The Tribunal found that issue estoppel did not apply, as the prior disposition did not decide the phasing request.

The Tribunal granted the motion, concluding that the environmental issues are threshold matters and that a phased approach would provide the most fair, just, and expeditious resolution of the appeals.

The Ontario Land Tribunal issued a Procedural Order governing the procedures leading up to and including the hearing scheduled to commence on May 26, 2025, regarding an appeal by the applicant against the municipality's failure to adopt a requested Official Plan Amendment.

The applicant appealed to the Ontario Land Tribunal due to the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use residential development.

Following ongoing discussions, the parties scoped the issues and requested a reduction in hearing dates.

The Tribunal issued an Updated Procedural Order on consent, which includes a reduced Issues List, an Agreed Statement of Facts, and an amended schedule for the remaining exchange dates leading up to the hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the municipality's failure to render a decision on a site-specific Official Plan Amendment application.

The Tribunal granted party status on consent to two neighbouring entities.

A third entity requested party status but agreed to accept participant status after concerns were raised.

The Tribunal set a timeline for finalizing the Issues List and Procedural Order, and scheduled a five-day video hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Argo Neyagawa Corporation against the Town of Oakville's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal granted party status to Burnhamthorpe/Oakville Holdings Inc. and denied participant status to an absent individual without prejudice.

A second Case Management Conference was scheduled to allow the parties to assess the prospects of settlement or mediation following an upcoming Town Council meeting.

The appellants appealed the Town of Caledon's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendments, and Draft Plans of Subdivision for the Macville and Humber Station lands.

The parties reached a settlement and presented uncontroverted expert planning evidence in support.

The Tribunal approved the settlement instruments, finding they have regard to provincial interests, are consistent with the 2024 Provincial Policy Statement, and conform with the Town's Official Plan.

The Tribunal held a second Case Management Conference regarding appeals by the applicant for the municipality's failure to make decisions on official plan and zoning by-law amendment applications.

The applications seek to facilitate a high-rise mixed-use development.

The Tribunal scheduled a 10-day merit hearing and directed the parties to submit a final procedural order and issues list.

The Applicant appealed the City's failure to make a decision on a draft Plan of Subdivision for 186 residential units.

The central issues were whether the proposed Low-Impact Development (LID) stormwater treatment train was appropriate instead of a traditional stormwater management pond, and whether the proposed density and mix of dwellings conformed to the Secondary Plan.

The Tribunal found that the LID approach was appropriate, cost-effective, and aligned with provincial and municipal policies encouraging innovative stormwater solutions.

However, the Tribunal found that the proposed townhouses for certain blocks exceeded density caps and required back-to-back or rear lane typologies to conform.

The appeal was allowed in part on an interim basis, with the final order withheld pending the submission of revised plans and joint conditions of approval.

The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court dismissed the motion for leave to appeal.

No costs were awarded as the responding party failed to file a costs outline.

The appellant appealed the passing of heritage designation by-laws by the City for two properties subject to an approved comprehensive redevelopment application.

The appellant subsequently filed heritage alteration permits to facilitate the removal of existing structures.

The parties requested a further case management conference be scheduled after the City's deadline to review the permits, as the appellant intends to appeal the permit decisions and seek consolidation.

The Tribunal agreed and scheduled a further case management conference for May 16, 2025.

The Ontario Land Tribunal held a case management conference to receive status updates on multiple remaining appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on various site-specific and topic-specific appeals, noted several withdrawals and ongoing settlement discussions, and scheduled a further case management conference for May 2025.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The parties reached a settlement, and the applicant filed a motion for approval of the settlement instruments.

The Tribunal issued a procedural order setting deadlines for responding materials from non-consenting parties and scheduled the motion to be heard in writing.

The Tribunal held a fourth Case Management Conference regarding appeals by Caivan (Perth GC) Limited concerning the failure of the Town of Perth and Lanark County to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications propose the redevelopment of a portion of the Perth Golf Course with approximately 940 dwelling units.

The Tribunal reviewed and approved a revised Procedural Order to govern the proceedings leading up to the Merit Hearing.

A Case Management Conference was held regarding appeals by Ontari Holdings Ltd. concerning a proposed business park development.

The appellant withdrew its appeal under the Conservation Authorities Act, intending to file a new application under the amended Act.

The Tribunal granted participant status to three individuals for the remaining Subdivision Appeal.

On consent of the parties, the Tribunal released the previously scheduled 15-day hearing dates for February 2025 and scheduled a further Case Management Conference for March 2025 to await the outcome of the new application.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 3300 Rutherford Developments Inc. for the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law amendment applications.

The applications seek to facilitate a high-rise mixed-use development.

The Tribunal granted participant status to several individuals, noted ongoing without-prejudice discussions between the parties, and scheduled a second Case Management Conference for January 16, 2025.

The appellant appealed the City of Burlington Committee of Adjustment's refusal of consent and minor variance applications to sever a residential lot into two and reduce the minimum lot width from 18.0 metres to 15.2 metres.

The Tribunal heard unopposed expert planning evidence that the proposed lots would be compatible with the surrounding neighbourhood, maintain the general intent and purpose of the Official Plan and Zoning By-law, and represent appropriate residential intensification.

The Tribunal allowed the appeals, authorized the variances, and granted provisional consent subject to conditions.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by Caivan (Perth GC) Limited for the failure of the Town of Perth and Lanark County to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The applications propose a 940-unit residential development on a portion of the Perth Golf Course.

The parties provided a status update on floodplain mapping and wetland setbacks, and requested a fourth CMC to allow experts to review a revised conceptual draft plan.

The Tribunal scheduled a fourth CMC for November 19, 2024, and a 14-day merit hearing commencing February 10, 2025.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals by the applicants against the Town of Caledon's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The parties reported they are actively working toward a resolution and requested further time to finalize planning instruments.

The Tribunal scheduled a further Case Management Conference for November 2024 and a Hearing on the Merits for February 2025, with directions for filing settlement materials or a procedural order.

At a Case Management Conference, the Ontario Land Tribunal considered requests to consolidate site-specific zoning and subdivision appeals with ongoing Official Plan Amendment appeals concerning lands in the Town of Oakville.

The Tribunal granted the consolidation request on consent of the parties.

The Tribunal also directed the parties to proceed to Tribunal-assisted mediation and scheduled a further Case Management Conference for December 2024, along with a four-week merit hearing in June and July 2025.