Peter Krysiak

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.

The applicant brought a motion for directions under s. 22(6.2) of the Planning Act to determine whether its Official Plan Amendment application should be deemed complete effective December 14, 2023.

The City had issued notices of incomplete application citing various outstanding studies and reports, including an archaeological assessment, karst assessment, and approved terms of reference for environmental studies.

The Tribunal found that the City's grounds for deeming the application incomplete were insufficient, as many of the requested items were either not prescribed by the Act, not required by the Official Plan, or had been adequately addressed by the applicant's submissions.

The motion was granted and the application was deemed complete effective December 14, 2023.

The appellant appealed the City of Hamilton's refusal to grant an Official Plan Amendment and Zoning By-law Amendment to permit a 264-unit residential development, including an eight-storey apartment building and stacked townhouses, on a former school site.

The appellant argued the development was appropriate intensification within a Major Transit Station Area.

The City contended the scale and massing were incompatible with the surrounding low-rise neighbourhood and inappropriate for a local road.

The Tribunal dismissed the appeals, finding that the proposed development did not conform to the Urban Hamilton Official Plan's policies on compatibility and urban structure, as it represented a sudden leap in intensification rather than a gradual evolution of the neighbourhood.

The Ontario Land Tribunal issued a procedural order on consent to govern the hearing of appeals by Lewis 286 Development Inc. concerning the City of Hamilton's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision.

The applications seek to facilitate the development of 309 residential units at 286 Lewis Road.

The Tribunal scheduled a 10-day video hearing to commence on September 26, 2025, and established a timeline for the exchange of witness lists, expert reports, and visual evidence.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law amendments to permit a mixed-use development with 840 residential units and commercial/office space on lands previously designated for employment.

The central issue was whether the site constituted an 'Employment Area' under the 2024 Provincial Planning Statement.

The Tribunal found the site was physically separated from other employment lands, did not meet the definition of an Employment Area, and was therefore available for redevelopment.

The Tribunal preferred the applicant's expert evidence on land economics, compatibility, connectivity, and natural heritage, concluding the proposal represented good planning, optimized land use, and adequately protected adjacent natural features.

The appeals were allowed and the amendments approved.

The applicant appealed the City's calculation of a cash-in-lieu of parkland dedication fee under s. 42(10) of the Planning Act.

The applicant argued that the fee should be calculated under the new Bill 23 caps because the first building permit for construction was issued after November 28, 2022.

The City argued that demolition permits issued prior to that date constituted the first building permit in respect of the development.

The Tribunal agreed with the City, finding that the demolition permits facilitated the redevelopment and thus qualified as building permits under s. 42(3.5).

The appeal was dismissed and the original fee calculation of $1,908,576.00 was upheld.

The applicants brought a motion for directions under the Planning Act seeking a determination that their applications for an Official Plan Amendment and Zoning By-law Amendment were complete.

The City of Hamilton had deemed the applications incomplete based on four outstanding items, including reformatted energy and financial reports, a recreation and school assessment, and sub-watershed planning.

The Tribunal found that the substance of the reports had already been provided and that the additional requirements were unreasonable for the purpose of deeming the applications complete.

The motion was granted and the applications were deemed complete.

The applicant appealed to the Ontario Land Tribunal due to the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use residential development.

Following ongoing discussions, the parties scoped the issues and requested a reduction in hearing dates.

The Tribunal issued an Updated Procedural Order on consent, which includes a reduced Issues List, an Agreed Statement of Facts, and an amended schedule for the remaining exchange dates leading up to the hearing.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development.

The Ontario Land Tribunal held a second case management conference and issued a procedural order to govern the upcoming five-day video hearing.

The appellant appealed the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed medium-density residential development, including an eight-storey apartment building and stacked townhouses.

The City opposed the development, arguing it was incompatible with the neighbourhood character and would cause adverse shadow impacts on an adjacent school yard.

The Tribunal allowed the appeals, finding that the development integrates well with the surrounding area, meets the City's Sun Shadow Guidelines, is consistent with the Provincial Planning Statement, 2024, and represents good land use planning.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development consisting of a six-storey podium with two residential towers.

Prior to the hearing, the parties reached a settlement agreement.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement, in conformity with the Urban Hamilton Official Plan, and representative of good planning.

The appeals were allowed in part to implement the settlement.

The applicant appealed a Committee of Adjustment decision denying a minor variance to increase the gross living space of an approved secondary dwelling unit from 89 square metres to 124 square metres, facilitating an increase from four to eight bedrooms.

The applicant's planner argued the physical footprint would not change and the intensification was appropriate.

The City's planner argued the increase constituted overbuilding and would negatively impact the neighbourhood.

The Tribunal agreed with the City, finding the variance was not minor in nature and did not meet the four tests under section 45 of the Planning Act.

The appeal was dismissed.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 100-unit residential development.

The Tribunal granted participant status to a local resident, approved the Procedural Order and Issues List, and scheduled a 12-day merit hearing for October 2025.

The Ontario Land Tribunal held a first case management conference regarding appeals by the applicant against the City of Hamilton's failure to adopt official plan and zoning by-law amendments for a proposed mixed-use development.

The Tribunal granted participant status to a representative of a neighbouring condominium corporation, scheduled a seven-day hearing on the merits, and approved the procedural order and issues list.

The applicant appealed the City's calculation of cash-in-lieu of parkland dedication fees, arguing that the cap introduced by Bill 23 should apply because no building permit 'in respect of the development or redevelopment' was issued prior to November 28, 2022.

The City argued that demolition permits issued in January and May 2022 qualified as such building permits.

The Tribunal found that the demolition permits were building permits under the Building Code Act and were issued to facilitate the redevelopment.

Therefore, the transition provision applied, the cap did not apply, and the appeal was dismissed.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 100-unit residential development.

The Tribunal granted party status to a neighbouring property owner and participant status to several individuals and entities.

Due to the municipality and the added party needing more time to finalize their issues, the Tribunal deferred the finalization of the Procedural Order and Issues List, as well as the scheduling of the merit hearing, to a second Case Management Conference.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant due to the City's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision.

The applications seek to facilitate a five-building industrial subdivision.

The Tribunal approved the draft Procedural Order and scheduled an eight-day merit hearing to commence on May 14, 2025.

The applicant appealed the City of Hamilton's decision to delete a self-storage warehouse as a permitted use from site-specific official plan and zoning by-law amendments.

The Tribunal allowed the appeal, finding that the proposed five-storey self-storage warehouse represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and the Urban Hamilton Official Plan.

The Tribunal preferred the evidence of the applicant's planners, concluding that the development would efficiently use a vacant, constrained property and facilitate the urbanization of the adjacent road.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by the appellant concerning the municipality's failure to adopt requested official plan and zoning by-law amendments.

The amendments seek to permit a mixed-use development consisting of two residential towers on a podium.

The order sets out the issues list, order of evidence, and key dates leading up to a 10-day video hearing scheduled to commence on October 28, 2024.

The appellant appealed the City of Hamilton's approval of a Zoning By-law Amendment that permitted the development of a three-storey affordable rental apartment building for seniors.

The appellant, an adjacent landowner, raised concerns regarding building height, privacy, traffic, and property values, but provided no expert land use planning evidence.

The Tribunal accepted the uncontroverted expert planning evidence of the applicant that the development represented appropriate intensification within a settlement area.

The appeal was dismissed and the by-law amendment was upheld.