Paul M. DeMelo

The applicant appealed the Town's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 103-unit residential development with ground floor commercial space.

The Town opposed the development primarily on the basis of density and height.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms with the Growth Plan and York Region Official Plan, and represents good land use planning.

The appeals were allowed, subject to a holding provision regarding servicing allocation.

The appellant appealed the Town of Whitchurch-Stouffville's Development Charges By-laws for Highway and Wastewater Services under section 14 of the Development Charges Act.

At the first Case Management Conference, the Tribunal noted the parties were in private discussions and exchanging materials.

The Tribunal scheduled a second Case Management Conference and directed the parties to file a draft Procedural Order and Issues List prior to the next hearing.

A Case Management Conference was held regarding appeals of an Official Plan Amendment and Zoning By-law Amendment in the City of Niagara Falls.

The Tribunal granted participant status to six individuals and entities and directed the parties to finalize a Procedural Order and Issues List.

The Tribunal also determined that a third-party zoning by-law appeal was not dismissed by the transition provisions of Bill 185, as the merit hearing had been scheduled prior to the legislative cutoff date.

Motion dates were scheduled to address the production of documents and resolve the Issues List.

The appellant appealed the City of Toronto's failure to make a decision on concurrent applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application for a 12-storey mixed-use building.

At a case management conference, the parties advised that City Council had made a confidential decision regarding a potential settlement, but it had not yet been released.

The Tribunal extended the deadline for submitting a draft Procedural Order to allow time for the settlement decision to be confirmed.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicants against the municipality for failing to amend a Zoning By-law to permit a detached dwelling.

The Tribunal scheduled a five-day video hearing and directed the parties to submit a final draft Procedural Order and Issues List.

The appellant appealed the County's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to redevelop a golf course into a residential subdivision.

Prior to the hearing, the parties reached a settlement on a revised proposal.

Based on the uncontested expert planning evidence, the Tribunal found the revised proposal was consistent with provincial policies, conformed to the official plan, and represented good land use planning.

The appeals were allowed and the planning instruments were approved.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Regional Municipality of Durham's Development Charges By-law No. 42-2023.

The Tribunal approved a finalized Procedural Order and Issues List, scheduled a 20-day merit hearing to commence in February 2025, and granted a request to change the status of Fieldgate Developments and Umiak Investments Limited from Party to Participant.

The applicants appealed the City of Richmond Hill's failure to make a decision on a zoning by-law amendment application to permit three infill dwellings.

At the first Case Management Conference, the Tribunal granted participant status to neighbouring property owners who raised concerns about neighbourhood character and lot patterning.

The Tribunal scheduled a second Case Management Conference for October 17, 2024, and directed the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's refusal of applications for official plan and zoning by-law amendments, and site plan approval.

The Tribunal granted participant status to three entities on consent.

A second Case Management Conference was scheduled to allow the parties to finalize the issues list and draft Procedural Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the city for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 15-storey residential building.

The Tribunal granted Party status to the Toronto and Region Conservation Authority and Participant status to several individuals on consent.

Requests for Party status by two resident associations were deferred to a subsequent CMC.

A five-day merit hearing was scheduled for February 2025.

At a Case Management Conference regarding appeals of a zoning by-law amendment and an official plan amendment, a motion for document production was adjourned.

The parties agreed to a pathway forward wherein the moving party would revise its document request and the responding parties would provide lists of relevant documents.

A further Case Management Conference was scheduled to finalize issues lists and restructure the order of the merit hearings.

The applicants appealed the City of Markham's failure to make a decision on Zoning By-law Amendment and Site Plan Control applications for a proposed mixed-use high-rise development within a Major Transit Station Area.

Prior to the hearing, the parties reached a settlement that revised the proposal to include two 39-storey towers with 990 residential units and commercial space.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local official plans, and approved the zoning by-law amendment and site plan in principle.

The appellant appealed a site-specific zoning by-law amendment passed by the City of Port Colborne to facilitate a residential subdivision, arguing that the existing wastewater infrastructure lacked capacity and that a holding zone provision should have been applied.

The developer brought a motion to dismiss the appeal without a hearing under s. 19(1)(c) of the Ontario Land Tribunal Act.

The Tribunal found that the adequacy of wastewater servicing had been appropriately considered and addressed through conditions of draft plan approval, which fall under the Region's jurisdiction.

Concluding that the appeal had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeal.

At a Case Management Conference, the Ontario Land Tribunal considered appeals by Cytec Canada Inc. and 2610832 Ontario Inc. regarding the City of Niagara Falls' By-law 2023-078 and Official Plan Amendment 147, which relate to the conversion of employment lands.

The Tribunal ordered that the appeals be heard together sequentially in a three-phase hearing and scheduled dates for potential motions and the merits hearing.

The appellants appealed Official Plan Amendment No. 107 (OPA 107) to the Municipality of Clarington's Official Plan, specifically challenging the extent of the Environmental Protection Area (EP) and Natural Heritage System (NHS) mapping on their lands.

The dispute centered on whether a 'Cultural Thicket' dominated by Eastern White Cedar met the Official Plan definition of a 'Significant Woodland'.

The Tribunal found that the Cultural Thicket is a treed area that meets the Official Plan, Provincial Policy Statement, and Forestry Act definitions of a woodland, and the Official Plan definition of a Significant Woodland.

The Tribunal ordered that the EP and NHS mapping be refined to include the Cultural Thicket and contiguous woodlands, while excluding a small marsh area, and otherwise dismissed the appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Regional Municipality of Durham's Development Charges By-law No. 42-2023.

The Region requested time to answer questions from the appellants to assist in identifying issues and exploring settlement.

The Tribunal scheduled a further Case Management Conference and directed the parties to exchange draft issues lists and prepare a draft Procedural Order.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by the appellant against the respondent's failure to decide on concurrent applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application.

The applications seek to permit a 12-storey mixed-use building with 33 residential units.

The parties indicated a settlement is likely and requested a settlement hearing.

The Tribunal scheduled a settlement hearing for July 26, 2024, and ordered the submission of a draft Procedural Order by July 19, 2024, in the event a settlement is not reached.

The applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit the development of eight new residential units on a waterfront property.

The Tribunal considered issues related to stormwater management, environmental impacts, and conformity with local land use planning policies.

While finding that a holding provision could address stormwater and environmental concerns, the Tribunal ultimately dismissed the appeal.

The Tribunal concluded that the proposed urban form of development was uncharacteristic of the surrounding hodgepodge cottage country, did not harmoniously integrate into the waterfront community, and failed to conform to the Town's Official Plan and the Crystal Beach Secondary Plan.

The appellant appealed the deferral of a consent application by the Town of Uxbridge Land Division Committee.

The application sought to sever a residential property to create two new lots for single-detached dwellings.

The proposal was revised to include the sale of a 2-metre strip to the Town for a pedestrian walkway, and the required minor variances for reduced lot frontages were subsequently approved by the Committee of Adjustment.

Relying on uncontested expert planning evidence, the Tribunal found the application consistent with provincial policies and in conformity with regional and local official plans.

The appeal was allowed and provisional consent was granted subject to conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding three appeals related to an Official Plan Amendment and Zoning By-law Amendment for a proposed residential development in the City of Brampton.

The Tribunal granted party status to several entities with interests in the subject lands.

The Tribunal deferred its decision on whether to hear the three appeals together, directing the appellants to refine and scope their issues lists prior to a second Case Management Conference.