Paul R. Bottos

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

The Divisional Court granted the motion for leave to appeal, with costs fixed at $10,000 payable in the discretion of the appeal panel.

The City of Brampton adopted the Heritage Heights Secondary Plan, which was subsequently appealed by multiple landowners and developers.

Following extensive mediation, the parties reached a settlement resulting in a Revised Heritage Heights Secondary Plan that accommodates provincial transportation and transmission corridors while increasing projected population and jobs.

Based on uncontroverted expert planning evidence, the Tribunal found the revised plan consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part, approving the modified plan save for two deferred areas that remain subject to ongoing discussions.

The Tribunal convened a settlement hearing regarding appeals of the City of Mississauga's Official Plan Amendment 115, which provides direction on the evolution of mall-based community nodes.

Based on uncontested expert land use planning evidence, the Tribunal found that the revised OPA 115 represents good planning, is consistent with the Provincial Policy Statement, and conforms with applicable growth plans.

The appeals were allowed in part, and OPA 115 was modified and approved in accordance with the settlement, with certain policies adjourned or unaffected.

The appellants appealed the City of Mississauga's Official Plan Amendment No. 115 (OPA-115), which mandated that a minimum of 10% of housing units in certain residential developments be provided as below-market affordable housing.

The appellants argued that these policies were tantamount to Inclusionary Zoning and were ultra vires the Planning Act.

The Tribunal found that while the policies did not formally constitute Inclusionary Zoning, they were tantamount to it.

Furthermore, the Tribunal held that the City failed to demonstrate that the mandated affordable housing policies were 'practicable' as required by section 16(1)(a.1) of the Planning Act.

Consequently, the Tribunal ruled that the mandatory affordable housing policies in OPA-115 were ultra vires the Act and allowed the appeals in part, striking down the offending policies.

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

The parties agreed to collaborate on policy wording and continue drafting the Procedural Order and Issues List, with a focus on resolving issues related to the GTA West Corridor.

The Tribunal scheduled a third Case Management Conference for July 6, 2023, and directed the parties to submit a revised draft Procedural Order by June 22, 2023.

The parties appealed the City of Mississauga's Official Plan Amendment No. 115.

Following the withdrawal of multiple motions by the parties, a Case Management Conference was held to establish next steps.

The Tribunal issued a Procedural Order on consent, scheduling an 8-day Phase 1 hearing and a 25-day Phase 2 hearing for 2023.

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.

During a Case Management Conference regarding appeals of the City of Brampton Official Plan Amendment No. 2006-105, the Tribunal heard an unopposed motion to substitute Velcor Enterprises Limited as an Appellant in place of Caveze Investments Limited.

Velcor had acquired the lands previously owned by Caveze and intended to rely on the same issues.

The Tribunal granted the motion, finding that Velcor satisfied the legislative tests to be a party and its presence was necessary to adjudicate the issues effectively.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment No. 115.

The parties presented a revised draft Procedural Order and requested a phased hearing approach.

The Tribunal scheduled a 5-day Phase 1 hearing and a 25-day Phase 2 hearing, and directed the parties to submit a finalized Procedural Order with an Issues List.

The Tribunal held a Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment No. 115.

The City brought a motion on consent for partial approval of the unappealed portions of the OPA.

The Tribunal granted the motion, bringing the unappealed portions into force.

The Tribunal deferred consideration of the draft Procedural Order and hearing phasing requests to a further Case Management Conference, as the parties did not have consensus on the conceptual approach to the first phase of the hearing.

The Tribunal held a first Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment No. 115, which revises policies for Central Erin Mills Node and mall-based Community Nodes.

The Tribunal granted party status to The Children's Centre South Common Court Inc. on an unopposed basis.

The parties agreed to identify specific policies under appeal, produce a draft consolidated issues list, and prepare a draft Procedural Order.

A second Case Management Conference was scheduled to review the Procedural Order and plan for a possible hearing.

The City of Brampton brought a motion on consent seeking modifications to Official Plan Amendment No. 2006-105 (OPA No. 105) regarding the Highway 427 Industrial Secondary Plan Area.

The City sought to modify the boundaries of the natural heritage system in the Rainbow Creek corridor to align with the Rainbow Creek Master Environmental Servicing Plan Addendum, and to approve OPA No. 105 for specific lands.

Based on uncontradicted expert planning evidence and the consent of the parties, the Tribunal found the modifications consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Regional Official Plan, and having regard to matters of provincial interest.

The Tribunal granted the motion and scheduled a Case Management Conference for remaining appeals.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Brampton's Official Plan Amendment No. 2006-105 and Orlando Corporation's appeals concerning the City's failure to approve its Official Plan and Zoning By-law Amendment applications.

The City indicated its intent to bring a motion to modify the Official Plan Amendment, and Orlando Corporation announced a proposed settlement of its zoning appeal, subject to the City's motion.

The Tribunal set a schedule for the filing of motion and settlement materials and scheduled a telephone conference hearing to consider both matters.

The defendant construction management firm moved under s. 44(5) of the Construction Lien Act to reduce the security it posted to vacate the plaintiff subcontractor's lien.

The parties' contract stipulated that payment was conditional on certification by an authorized engineer.

The engineer certified that the plaintiff had been overpaid, and the plaintiff provided no evidence of bad faith or fraud by the certifier.

The court held that the certifier's decision was binding and reduced the security from over $500,000 to $24,000, accounting only for unpaid holdbacks and HST.