Patrick John Harrington

The appellant appealed a non-decision by the City's Committee of Adjustment regarding an application for minor variances to permit the development of an industrial mall.

The requested variances sought a reduced parking rate and an increase in the maximum impervious area.

The Tribunal first determined it had jurisdiction to hear the appeal of the non-decision.

Based on uncontroverted expert planning evidence and a settlement reached between the parties, the Tribunal found that the variances met the four tests under section 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variances subject to conditions agreed upon by the parties.

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

The Tribunal ordered the appeals to be heard together, granted participant status to a neighboring landowner, and scheduled further conferences to address a party status request by the Ministry of Municipal Affairs and Housing and potential settlements.

A four-week merit hearing was scheduled for March 2025.

The appellant appealed the City's approval of an Official Plan Amendment and Zoning By-law Amendment that permitted a high-rise mixed-use development.

The applicant brought a motion to dismiss the appeals without a hearing under the Planning Act and Ontario Land Tribunal Act.

The Tribunal granted the motion and dismissed the appeals, finding that the appellant failed to provide expert planning evidence or disclose any genuine, legitimate, and authentic land use planning grounds to warrant a full hearing on the merits.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding an appeal by Caivan (Richmond South) Limited against the City of Ottawa for failing to make a decision on a proposed draft plan of subdivision.

The order sets the hearing dates, procedural steps, and the issues list for the upcoming hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

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

The Tribunal approved the Procedural Order and scheduled a five-day hearing of the merits to commence on August 26, 2024.

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The Ontario Land Tribunal held a second 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 Tribunal granted participant status to Richard Schooley on consent.

The Tribunal also approved the revised draft Issues List and Procedural Order submitted jointly by the parties to govern the upcoming 18-day hearing.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

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.

The applicant appealed the Committee of Adjustment's denial of a minor variance to increase the permitted number of storeys from six to seven for a mixed-use building.

The appeal was converted to a settlement hearing.

The Tribunal accepted uncontroverted expert planning evidence that the variances, including two setback variances for balconies, met the four tests under the Planning Act.

The appeal was allowed and the variances were authorized subject to conditions, including a cap on the number of dwelling units and a requirement for a minimum percentage of two-bedroom units.

The appellants appealed the Region of Halton's approval of Official Plan Amendment No. 54 (the Trafalgar Secondary Plan) to the Town of Milton Official Plan.

Following negotiations, the parties reached a partial settlement regarding approximately 61 policies, leaving 16 policies unresolved.

Based on the uncontroverted expert planning evidence, the Tribunal found the resolved policies were consistent with provincial policy and represented good planning.

The Tribunal allowed the appeals in part, modifying and approving the resolved policies while withholding approval on the unresolved policies.

At a Case Management Conference regarding appeals of zoning by-law amendments and draft plan of subdivision modifications in the City of Thorold, the Ontario Land Tribunal granted party status to several entities, including Hydro One Networks Inc., Parkbridge Lifestyle Communities Inc., and Rolling Meadows Land Corp. The Tribunal ordered that the appeals be heard together and consolidated certain appeals.

A second Case Management Conference was scheduled for May 30, 2024.

This was the first Case Management Conference regarding five Official Plan Amendment appeals in the Town of Oakville.

The Tribunal granted party status to Enirox Dundas 3015 Inc., which had acquired the rights of a previous party.

The Tribunal also ordered the consolidation of the five appeals, noting they involved the same appellants, related amendments, and the same approval authority.

A second Case Management Conference was scheduled to address procedural issues and the potential consolidation of related zoning by-law and draft plan of subdivision appeals.

The Tribunal approved a settlement resolving Phase 2 and Phase 3 of appeals concerning Official Plan Amendment No. 32 (OPA 32) for the Southwest Georgetown Lands in the Town of Halton Hills.

The settlement modifies OPA 32 to establish a secondary plan permitting approximately 9,300 dwelling units, commercial and institutional uses, and a transportation network.

Based on uncontroverted expert planning evidence, the Tribunal found the modified OPA 32 is consistent with the Provincial Policy Statement, conforms to the Growth Plan and Regional Official Plan, and represents good planning.

The appeals were allowed in part to approve the modifications, and the related private official plan amendment appeals were dismissed.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by ONE Properties Limited Partnership concerning a draft Plan of Subdivision and a refusal by the Hamilton Conservation Authority to permit the relocation of a wetland for a proposed business park development.

The parties requested an adjournment to allow the appellant to commission a report on the wetland's hydrological features.

The Tribunal scheduled a further Case Management Conference for September 2024 and a 15-day hearing commencing in February 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for a proposed redevelopment of the Perth Golf Course with 940 dwelling units.

The Tribunal deferred a request for party status by a local resident to allow time for potential incorporation of a residents' association and clarification of issues.

The Tribunal granted participant status to 52 individuals on consent.

A second Case Management Conference and an 18-day merit hearing were scheduled for 2024.

The City of Thorold requested a case management conference regarding an appeal by the appellant against the City's comprehensive zoning by-law.

The Tribunal scheduled a four-day hearing of the merits and approved the draft procedural order and issues list.

The Tribunal also directed the parties to request Tribunal-led mediation to potentially reduce the issues prior to the hearing.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The parties advised the Tribunal that they were working towards a settlement and that the applications had been amended to increase the number of units.

The Tribunal directed Eaglewood to re-circulate notice of its revised proposal and scheduled hearing dates for the presentation of the proposed settlements.