Patrick John Harrington

The applicant appealed the Town of Oakville's failure to make a decision on zoning by-law and draft plan of subdivision applications within the legislative timeframe.

At the first Case Management Conference, the Tribunal granted party status to the Region of Halton, Conservation Halton, Eaglewood Communities Inc., and Dennis Khanna.

The Tribunal scheduled a second Case Management Conference to consider a draft Procedural Order and Issues List, and directed that Eaglewood's related appeals be heard together with these proceedings.

The applicant appealed the city's refusal of Official Plan and Zoning By-law amendments for a proposed three-tower mixed-use development.

At the first Case Management Conference, the Tribunal considered status requests.

An unincorporated neighbourhood group's request for party status was opposed by the applicant and denied by the Tribunal, though its representative was granted participant status.

Two other individuals were granted participant status on consent.

A second Case Management Conference was scheduled to allow the municipal parties to obtain instructions following recent elections.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Collingwood's Zoning By-law No. 2022-007, which restricts development unless adequate municipal water and wastewater services are available.

The Tribunal granted party status to four entities and participant status to one entity.

A nine-day video hearing was scheduled, and the Tribunal approved the finalized Procedural Order and Issues List submitted by the parties.

This was a Case Management Conference regarding appeals of the City of Hamilton's Official Plan Amendment No. 17.

The Tribunal ordered the substitution of Losani Homes (Winona) Ltd. as the appellant in place of 783878 Ontario Ltd. following a change in property ownership.

The Tribunal also scheduled a five-day hearing for the Losani Homes appeal and provided directions for the finalization of a Procedural Order for the remaining appeal by Peter Djeneralovic.

A Case Management Conference was held regarding appeals by the applicant for the failure of the municipality to make decisions on applications to amend the Official Plan and Zoning By-law, and a proposed plan of subdivision to permit the redevelopment of parts of a golf course.

The Tribunal granted participant status to a list of individuals and denied the applicant's request to postpone the determination of party status, granting party status to the regional municipality, conservation authority, and two ratepayers' groups.

A further Case Management Conference was scheduled.

The Ontario Land Tribunal held a Case Management Conference regarding two appeals by ONE Properties Limited Partnership concerning a proposed business park development and wetland relocation in Hamilton.

The Tribunal approved the finalized draft Procedural Order and Issues List submitted by the parties and scheduled a 15-day video hearing to commence in October 2023.

The applicant appealed the City of Vaughan's failure to adopt a requested official plan amendment and zoning by-law amendment to permit a multi-storey residential building.

At a case management conference, the Tribunal consolidated a site-specific appeal against the City's Comprehensive Zoning By-law with the current proceedings.

The Tribunal also approved a draft procedural order, issues list, and scheduled a 15-day Phase 1 hearing.

The appellant appealed the County's adoption of an Official Plan Amendment and Zoning By-law Amendment that would permit a 337-unit seasonal park model trailer site on a 38.6-hectare parcel along Lake Ontario.

During the hearing, the parties reached a settlement that modified the original applications to address concerns regarding seasonal occupancy, wildlife corridors, landscape details, and transportation.

The Tribunal approved the settlement in principle, finding it consistent with the Provincial Policy Statement and the Planning Act, and withheld its final order pending the satisfaction of agreed-upon conditions.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by the applicant against the respondent municipality's refusal of a zoning by-law amendment application.

The amendment seeks to permit a three-storey, 34-unit apartment building.

The order sets out the issues list, order of evidence, and procedural dates leading up to a three-day video hearing scheduled to commence on January 16, 2023.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Wilson St. Ancaster Inc. against the City of Hamilton's refusal of Official Plan and Zoning By-law Amendment applications for an eight-storey mixed-use development.

The Tribunal granted participant status to the Ancaster Village Heritage Community and a neighbouring resident on consent.

A Procedural Order was approved, and a ten-day video hearing was scheduled to commence on July 24, 2023.

The applicant appealed the Township of King Committee of Adjustment's refusal of applications for minor variances and consent to sever a vacant corner lot to create two residential lots.

The Tribunal allowed the appeals, finding that the proposed infill development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and meets the four tests for a minor variance under the Planning Act.

The Tribunal preferred the applicant's expert planning evidence, concluding that the proposed lots and dwellings are compatible with the character of the established neighbourhood.

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

The applications seek to permit a residential development with 107 units.

The Tribunal scheduled a second CMC and directed the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a case management conference regarding an appeal by the appellant against the municipality's Zoning By-law No. 0119-2022.

The Tribunal issued a procedural order on consent, setting dates for a motion to dismiss and a four-day video hearing, and establishing the issues list and order of evidence.

The applicant brought a motion to strike portions of a witness statement filed by the appellant's lay witness, which contained opinion evidence on cultural heritage and appended an expert report.

The appellant had previously advised it would not call a cultural heritage expert, leading the other parties to withdraw their own experts.

The Tribunal granted the motion, finding that the lay witness was not qualified to give expert opinion evidence on cultural heritage and that appending the expert report without calling the expert was improper and unfair, as it prevented cross-examination.

The witness statement was struck in its entirety, with leave to file a fresh statement omitting the improper evidence.

This was the fourth Case Management Conference regarding appeals of the Town of Halton Hills' failure to adopt a requested Official Plan Amendment and appeals against the adopted Official Plan Amendment 32.

The Tribunal received a status update on mediation efforts concerning natural heritage issues.

The Tribunal directed revisions to the Issues List proposed by a party, finding some issues were not relevant planning matters.

The Tribunal approved the revised Issues List and issued the Procedural Order to govern the upcoming three-phase merit hearing.

This was a third Case Management Conference regarding appeals by Sarah Properties Limited from the Township of Amaranth's refusal and failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit a residential development serviced by a communal wastewater system.

The Tribunal directed the parties to submit an Issues List and a Draft Procedural Order before scheduling a 10-day hearing and a final Case Management Conference.

The Tribunal held a Case Management Conference regarding an appeal against a zoning by-law amendment to permit a mixed-use waterfront community of 8,050 residential units.

One appellant withdrew its appeal, leaving Stratos Technologies Inc. as the sole appellant.

The Tribunal granted participant status to the Lakeview Ratepayers Association on consent.

The Tribunal scheduled a one-day motion hearing to dismiss the appeal and a four-day hearing on the merits.

The Township brought a motion to dismiss the appellant's appeal of a zoning by-law amendment refusal without a hearing.

The appellant sought to rezone his property to permit short-term vacation rentals.

The Township argued the appeal could not succeed because the property is accessed via a private road traversing Crown and private lands, and the appellant lacked the necessary agreements or easements for commercial access.

The appellant countered that the road is a public road under the Public Lands Act and that the proposed use would not increase traffic.

The Tribunal dismissed the motion, finding sufficient grounds to proceed to a full hearing on the merits.

The Tribunal issued an amending decision under Rule 24.4 of its Rules of Practice and Procedure to correct a typographical error in a previous decision.

The amendment corrected the hearing start date, confirming that the hearing would commence on February 6, 2023, and approved the revised Procedural Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Brampton's adoption of Official Plan Amendment 206-210 (Heritage Heights Secondary Plan).

The Tribunal granted non-appellant party status to the Credit Valley Conservation Authority and the Regional Municipality of Peel, and participant status to TC Energy.

The Tribunal also established a schedule for the parties to finalize a Consolidated Issues List and a draft Procedural Order, and scheduled a second Case Management Conference for March 23, 2023.