Robert Di Lallo

In an appeal concerning an official plan amendment and zoning by-law amendment to permit a medical centre, the applicant brought a motion for directions to exclude three affidavits filed by the appellant Medical Centre.

The Tribunal found that the issues of conformity with the regional and municipal official plans were relevant, and therefore the affidavits addressing those issues were relevant and necessary.

The Tribunal ordered that the affidavits, along with responding affidavits from the Town and the applicant, be admitted as evidence for the hearing of the merits.

The applicants appealed the Town of Niagara-on-the-Lake's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision within the legislated timeframe.

At the first Case Management Conference, the Ontario Land Tribunal noted there were no requests for party or participant status.

The parties agreed that mediation was not appropriate and requested a hearing.

The Tribunal scheduled a four-day video hearing and directed the parties to submit a finalized draft procedural order and consolidated issues list.

The appellants brought a motion for costs against the Town of Niagara-on-the-Lake following a successful appeal regarding a site plan application and the removal of a holding provision for an estate winery.

The appellants argued that the Town's conduct in processing the application and during the appeal was unreasonable and vexatious.

The Tribunal found that while the Town could have dealt with the matter more expeditiously, its actions did not meet the high threshold of being unreasonable, frivolous, vexatious, or in bad faith.

The motion for costs was dismissed, as was the Town's request for costs of the motion.

The appellant appealed the City of Niagara Falls' adoption of Official Plan Amendment No. 127 and an implementing zoning by-law, which permitted Vacation Rental Units (VRUs) as-of-right in certain commercial zones but required site-specific amendments for residential zones.

The appellant argued VRUs should be permitted as-of-right in residential zones.

The Tribunal found that the City's approach appropriately balanced the need to support the tourism industry with the obligation to provide a range and mix of housing for residents.

The Tribunal dismissed the appeals, finding the instruments consistent with the Provincial Policy Statement 2020 and in conformity with the Growth Plan 2019, the Region of Niagara Official Plan, and the City's Official Plan.

The Town of Niagara-on-the-Lake sought leave to appeal an interlocutory procedural order of the Local Planning Appeal Tribunal (LPAT) regarding appeals of an interim control by-law restricting cannabis-related land uses.

The Divisional Court dismissed the motion for leave to appeal as premature.

The court held that there were no exceptional or extraordinary circumstances to justify departing from the general rule against fragmenting administrative tribunal proceedings by hearing appeals from interlocutory decisions.