Philip Pothen

A Case Management Conference was held regarding appeals by Ontari Holdings Ltd. concerning a proposed business park development.

The appellant withdrew its appeal under the Conservation Authorities Act, intending to file a new application under the amended Act.

The Tribunal granted participant status to three individuals for the remaining Subdivision Appeal.

On consent of the parties, the Tribunal released the previously scheduled 15-day hearing dates for February 2025 and scheduled a further Case Management Conference for March 2025 to await the outcome of the new application.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by ONE Properties Limited Partnership concerning a draft Plan of Subdivision and a refusal by the Hamilton Conservation Authority to permit the relocation of a wetland for a proposed business park development.

The parties requested an adjournment to allow the appellant to commission a report on the wetland's hydrological features.

The Tribunal scheduled a further Case Management Conference for September 2024 and a 15-day hearing commencing in February 2025.

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.

At a Case Management Conference regarding appeals of a draft plan of subdivision and a refusal to permit wetland relocation, the Tribunal granted Party status to the City of Hamilton and Participant status to several individuals in the Conservation Authorities Act appeal.

The Tribunal also ordered that the two appeals be heard together in a single phase, rather than consolidated, to ensure efficiency while avoiding prejudice to the parties.

At a Case Management Conference regarding an appeal of the Hamilton Conservation Authority's refusal to permit the relocation of a wetland, the Ontario Land Tribunal addressed requests for Party and Participant status.

Environmental Defence was granted Party status over the appellant's request for deferral, as it demonstrated a genuine interest and ability to assist the Tribunal.

Twenty-two individuals were granted Participant status without opposition.

A further Case Management Conference was scheduled to finalize the issues list and address the anticipated consolidation with a forthcoming draft plan of subdivision appeal.

At a case management conference, the Tribunal considered whether to schedule a motion to adjourn a preliminary motion regarding threshold jurisdictional issues.

The applicant sought the adjournment due to time constraints in reviewing voluminous disclosure materials.

The City and Region consented, but Environmental Defence opposed.

The Tribunal found no prejudice would result from the delay and scheduled the adjournment motion, directing the applicant to prepare an index of the disclosed materials.

The Appellant, an auto wrecking business, appealed a Director's Order requiring the design and implementation of a storm water management system following a petroleum spill into a nearby creek.

During the protracted pre-hearing process, the Toronto and Region Conservation Authority (TRCA) requested and was granted participant status due to its mandate to protect the affected watershed and its status as a downstream property owner.

The Tribunal documented the extensive history of the pre-hearing process, which involved 22 status updates over three years, and adjourned the preliminary hearing to allow the parties to continue developing the required storm water management plan.