Robert Howe

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Township of Tiny's Zoning By-law No. 25-039 and Official Plan Amendment No. 5, which introduce a 'Shoreline Development Area'.

The Tribunal ordered that the appeals be heard together, granted party status to several entities, confirmed the withdrawal of certain appeals, and approved the Procedural Order to govern the proceedings.

A 19-day merit hearing was scheduled for April 2027, and a further Case Management Conference was scheduled for July 2026.

The appellants appealed the Town of the Blue Mountains' Development Charges By-law No. 2024-29.

The parties reached a settlement involving adjustments to eligible projects, benefit shares, and infrastructure capacities, resulting in lower development charge rates for parks, recreation, roads, water, and wastewater.

Based on uncontested expert evidence in land economics and municipal finance, the Tribunal found the proposed amendments fair, reasonable, and in conformity with the Development Charges Act.

The Tribunal allowed the appeals in part and approved the amended by-law.

At a Case Management Conference regarding an appeal of a zoning by-law amendment application for a mid-rise office building, the parties requested Tribunal-led mediation.

The Tribunal directed the parties to contact the Case Coordinator to arrange mediation to scope or resolve the matters in dispute.

Several developers and industry associations appealed the City of Mississauga's Parkland Conveyance By-law under section 42(4.9) of the Planning Act.

Following the enactment of Bill 23, which amended parkland dedication and cash-in-lieu requirements, the parties reached a settlement to revise the by-law to conform to the new legislative provisions.

Relying on uncontradicted expert planning evidence, the Tribunal found the revised by-law consistent with provincial policy, in conformity with the official plan, and representative of good planning.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Township of Tiny's Zoning By-law No. 25-039 and Official Plan Amendment No. 5, which introduced a Shoreline Development Area.

The Tribunal granted party status to two entities and participant status to nine individuals and associations.

The Tribunal noted that the appeals had been administratively consolidated and scheduled a second Case Management Conference.

The City of Hamilton brought a motion to have five common Residential Land Need Issues across three separate appeals (Upper West Side Landowners Group Inc., Elfrida Community Builders Group Inc., and Whitechurch Landowners Group Inc.) heard together.

The parties consented to the motion.

The Tribunal found that hearing the identical issues together would result in consistent adjudication and reduce overall hearing time without prejudicing the independent consideration of site-specific issues.

The motion was granted, and the common issues were ordered to be heard at the commencement of the previously scheduled Upper West Side Landowners Group Inc. merit hearing.

The City of Hamilton brought a motion to consolidate the common Residential Land Need Issues across three separate appeals regarding urban boundary expansions.

The appellants consented to the motion.

The Tribunal found that hearing the identical issues together would result in consistent adjudication and reduce overall hearing time without prejudicing the independent consideration of site-specific issues.

The motion was granted, and the common issues were ordered to be heard together at the commencement of the first scheduled merit hearing.

The City of Hamilton brought a motion to consolidate the hearing of five common Residential Land Need Issues across three separate appeals regarding urban boundary expansions.

The appellants consented to the motion.

The Tribunal found that hearing the common issues together was appropriate to ensure consistent adjudication and efficiency without prejudicing the individual site-specific hearings.

The motion was granted, and the common issues were ordered to be heard together at the commencement of the Upper West Side Landowners Group Inc. merit hearing.

The appellant appealed the City of Cambridge's refusal of applications for an Official Plan Amendment and Zoning By-law Amendment to permit a residential townhouse development.

Prior to the hearing, the parties reached a settlement that addressed concerns regarding access and noise mitigation from adjacent employment lands.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the applicable official plans.

The appeals were allowed in part to approve the amendments as modified by the settlement.

A case management conference was held regarding appeals of the City of Mississauga's Parkland Conveyance By-Law No. 0137-2022.

The parties advised the Tribunal that a settlement had been reached and requested a one-day written hearing.

The Tribunal scheduled the written hearing for December 12, 2025, with materials to be submitted by November 28, 2025.

The Tribunal held a Case Management Conference regarding an appeal of the City of Hamilton's failure to adopt an Official Plan Amendment that would facilitate an urban boundary expansion.

The Tribunal granted party status to one group of landowners and participant status to 24 individuals and groups.

The Tribunal declined to schedule a hearing date until the parties submit a draft Procedural Order and Issues List.

This is a costs decision following the dismissal of a summary judgment motion brought by the defendant school board.

The plaintiff sought costs of $22,322.50 on a partial indemnity basis or $34,446.63 on a substantial indemnity basis.

The defendant argued for costs of $10,551.37 on a partial indemnity basis.

The court awarded costs of $14,000 all-inclusive on a partial indemnity basis, considering the plaintiff's success, the applicable hourly rates in the Northwest Region, and the factors set out in the Rules of Civil Procedure.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by multiple developers against the Town of The Blue Mountains' Development Charges By-law No. 2024-29.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a 10-day merit hearing to commence in March 2026.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the City's refusal of Official Plan and Zoning By-law Amendment applications for a residential townhouse development.

The parties agreed on a Procedural Order and Issues List, and requested a 10-day hearing.

The Tribunal approved the Procedural Order and scheduled a 10-day video hearing to commence on November 24, 2025.

The appellants appealed the City of Waterloo's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found that the revised proposal is consistent with the Provincial Policy Statement, conforms to the applicable official plans, and represents good land use planning.

The Tribunal allowed the appeals in part and approved the settlement.

The defendant, Lakehead District School Board, brought a motion for summary judgment to dismiss the plaintiff’s action on the basis of res judicata, cause of action estoppel, and abuse of process.

The plaintiff, David Brian Cavner, alleged he was sexually assaulted by a teacher in the 1960s and had previously brought a claim against the teacher, which was administratively dismissed for delay.

The Board argued that the plaintiff should not be able to bring a new claim against it based on the same facts.

The court found that the Board and the teacher were distinct parties, and that the previous dismissal was not an adjudication on the merits.

The motion for summary judgment was dismissed, allowing the plaintiff’s claim to proceed.

Shoal Bayly brought a motion to add an issue to the Issues List regarding the funding of a specific road and bridge project through the Region's development charges.

The Region and other appellants had already reached a settlement on the existing issues.

The Tribunal dismissed the motion, finding that the proposed issue was distinct, should have been raised earlier, and was more appropriately addressed in separate ongoing proceedings regarding Shoal Bayly's draft plan of subdivision.

The Tribunal then approved the uncontested settlement, finding the proposed changes to the Development Charge By-law to be fair, reasonable, and in compliance with the Development Charges Act.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Intermarket CAM Phase 2 Ltd. against the City of Cambridge's refusal to adopt Official Plan and Zoning By-law amendments for a proposed residential townhouse development.

The Tribunal granted participant status to two individuals and denied duplicative requests.

As the appellant recently submitted a revised application, the Tribunal scheduled a second Case Management Conference for April 9, 2025, and directed the parties to submit a draft Procedural Order and Issues List.

The parties sought direction from the Tribunal regarding unresolved issues in implementing a previous decision that partially approved draft plans of subdivision and zoning by-law amendments.

The Tribunal clarified that its previous decision did not deny all potential development of Block 5, Stage 4, and therefore the existing Zone Change (ZC) zoning should remain.

The Tribunal also approved the appellants' broader wording for an easement over Block 6, Stage 4, and confirmed that the conditions of approval should not compel the appellants to reach a specific agreement with the City regarding the conveyance of lands for infrastructure.

The Tribunal held a first Case Management Conference regarding appeals of the City of Markham's Official Plan Amendment 53 (Markham Road – Mount Joy Secondary Plan).

On consent of the parties, the Tribunal granted party status to the Toronto Regional Conservation Authority and the York Region District School Board.

The parties agreed to pursue Tribunal-led mediation in the first quarter of 2025.

A second Case Management Conference was scheduled for March 5, 2025, with the Procedural Order and Issues List deferred pending the outcome of mediation.