Paul M. DeMelo

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal by Gallu Construction Inc. regarding the City of Vaughan's failure to adopt requested official plan and zoning by-law amendments.

The amendments seek to permit the development of five residential towers, a mid-rise office building, a public park, and privately owned publicly accessible spaces.

The order sets out the hearing dates, procedural deadlines, and the issues list for the 10-day hearing scheduled to commence on May 17, 2027.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by Kingsmoor Developments Inc. regarding the City of Vaughan's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval.

The applications seek to permit a development consisting of three mixed-use towers ranging in height from 32 to 38 storeys.

The order establishes the issues list, procedural dates, and the order of evidence for a 9-day video hearing scheduled to commence in February 2027.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal regarding a proposed development consisting of three mixed-use towers in the City of Vaughan.

The order establishes the issues list, the order of evidence, and the procedural deadlines leading up to a 9-day hearing scheduled to commence on February 16, 2027.

The applicant appealed the City of Niagara Falls' failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 10-storey mixed-use building.

The subject property is located adjacent to the Battlefield Museum, a recognized heritage site.

The Tribunal found that the proposed development's height, mass, and scale would overwhelm the adjacent heritage property and did not conform with the City's Official Plan policies regarding compatibility and transition.

The Tribunal preferred the evidence of the City's planners and heritage experts, concluding the proposal was an overbuild that did not represent good planning.

The appeals were dismissed.

The applicant appealed the refusal of minor variances to permit changes to an approved development, including an additional storey and increased commercial floor space.

The Tribunal applied the four-part test under s. 45(1) of the Planning Act, focusing on whether the variances were minor in nature.

Preferring the Township's holistic approach, the Tribunal found that the requested variances would cause stark differences in building design, disturb the character of the development, and result in a building that feels noticeably out of place.

The appeal was dismissed and the variances were not authorized.

The moving party sought leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court dismissed the motion for leave to appeal without costs.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Indwell Community Homes against the City of Sarnia's refusal of a minor variance application for a 5-storey affordable housing apartment building.

The Tribunal granted party status to GA Farag Properties Ltd. and Richard Chumko, and participant status to numerous individuals and organizations.

A second Case Management Conference and a four-day merit hearing were scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of North Bay's adoption of Official Plan and Zoning By-law amendments, as well as the refusal of consent and minor variance applications for a property on Trout Lake.

The Tribunal ordered that the appeals be heard together and scoped the policy appeals to be site-specific to the subject property.

Several area residents were granted participant status, and a second Case Management Conference was scheduled to allow the parties to finalize a procedural order and issues list.

The applicant sought declaratory relief and permanent injunctions against a neighbouring winery and the Town, alleging the winery hosted outdoor events in violation of the agricultural zoning by-law and its site-specific plan.

The winery consented to the declarations and injunctions.

The applicant proceeded against the Town, seeking mandamus to compel by-law enforcement and a statutory injunction under s. 440 of the Municipal Act to restrain the Town from facilitating the breach.

The Superior Court of Justice dismissed the application against the Town, finding that the by-law did not impose a duty of enforcement necessary for mandamus, and there was no evidence of bad faith or arbitrariness by the Town to warrant an injunction against it.

This was the first Case Management Conference regarding an appeal by the applicant against the municipality's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit 161 townhouse units.

The Tribunal granted participant status to several individuals, set deadlines for participant statements and the procedural order, and scheduled a nine-day video hearing for January 2027.

This was the first Case Management Conference regarding an appeal by the applicant against the city's failure to make a decision on a Zoning By-law Amendment application to permit two 15-storey residential apartment buildings.

The Tribunal granted party status to Metro Ontario Real Estate Limited and the Broadway Area Residents Association, and participant status to the Leaside Residents Association.

The parties were directed to submit a draft procedural order and issues list for the scheduling of a future hearing.

The applicant appealed the Town of Oakville Committee of Adjustment's refusal of minor variances to permit stacked townhouses.

Prior to the merits hearing, the applicant requested an adjournment on consent to revise its proposal to address the Town's concerns.

The Tribunal granted the adjournment, finding it would ensure a fair and expeditious hearing, and scheduled a three-day hearing for May 2026.

The Ontario Land Tribunal issued a Procedural Order to govern the required procedures leading up to and including the hearing scheduled to commence on November 30, 2026, regarding appeals by 2371933 Ontario Inc. for the failure of the City of Vaughan to adopt requested Official Plan and Zoning By-law amendments for a proposed 42-storey and 45-storey mixed-use residential development.

The applicant appealed the municipality's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision for a 322-unit residential development.

At the first Case Management Conference, the Tribunal granted party status to the County of Bruce and the Municipality of Kincardine, and participant status to two other entities.

The Tribunal scheduled a four-day video hearing and approved the Procedural Order.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated March 24, 2026.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended paragraph 12 of the decision to reflect the correct commencement date of the Phase 1 Transportation Hearing as August 10, 2026, rather than August 17, 2026.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its March 24, 2026 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the commencement date for the Phase 1 Transportation Hearing was corrected from August 17, 2026, to August 10, 2026.

Following the dismissal of the appellant's appeal, the successful respondents sought partial indemnity costs.

The City sought $27,699.06 and the developer sought $43,176.94, while the appellant argued costs should be fixed at $25,000.00 total.

The Divisional Court noted the appellant's own bill of costs was over $59,000, indicating its reasonable expectations.

The court awarded costs of $25,000.00 to the City and $30,000.00 to the developer, inclusive of disbursements and HST.

The applicant appealed the Town of The Blue Mountains' failure to adopt an Official Plan amendment and neglect to make a decision on a Zoning By-law amendment to permit a 37-unit residential farm co-operative.

In Phase 1 of the hearing, the Tribunal considered the principle of the land use.

The Tribunal found that the proposed co-operative, which maintains approximately 65% of the land for open space, recreational, and agricultural uses, complies with the County of Grey Official Plan's policy encouraging innovative rural development.

The appeals were granted, and the amendments were approved.

The Ontario Land Tribunal held a Case Management Conference to consider a Procedural Order and Issues List for a Phase 1 Transportation Hearing regarding multiple appeals in the Weston and Highway 7 Area.

The Tribunal granted participant status to three landowners and approved the Procedural Order and Issues List on consent of the parties.

The Ontario Land Tribunal convened a fourth Case Management Conference regarding multiple appeals against the City of Brampton's Official Plan Amendment introducing interim policies for Major Transit Station Areas, and the new City Official Plan.

The City provided a status update on ongoing settlement negotiations and proposed future motions.

The Tribunal deferred consideration of consolidating the appeals and scheduled a further Case Management Conference for July 8, 2026.