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Motion for leave to appeal Ontario Land Tribunal decision dismissed without costs.
The moving party sought leave to appeal a decision of the Ontario Land Tribunal.
The Divisional Court dismissed the motion for leave to appeal without costs.
Procedural order issued for a five-day hearing regarding a 660-unit residential development in Ajax.
The Ontario Land Tribunal issued a Procedural Order to govern the hearing of appeals by the applicant concerning the failure of the Town of Ajax and the Region of Durham to make decisions on applications for an official plan amendment, zoning by-law amendment, draft plan of subdivision, and site plan control.
The applications propose a development of 660 residential units, a school block, park block, stormwater management block, and environmental protection block.
The hearing is scheduled for five days commencing June 8, 2026.
Uncontested motion for adjournment granted due to moving counsel's medical procedure and scheduling conflict.
The Town of Ajax brought an uncontested motion to adjourn a scheduled multi-day hearing before the Ontario Land Tribunal regarding various planning appeals for a proposed 660-unit residential development.
The Town's counsel requested the adjournment due to an upcoming medical procedure and a scheduling conflict with another hearing.
Finding the request reasonable and noting the lack of opposition from the other parties, the Tribunal granted the motion, abridged the time for service, vacated the April 2026 hearing dates, and scheduled a new five-day video hearing for June 2026.
Tribunal upholds condition requiring developer to pay for road and bridge widening as local service.
The appellant appealed the failure of the Town of Ajax and the Region of Durham to make decisions on various planning applications for a proposed development of 660 residential units.
The key issue was whether the appellant should be liable for a pro rata portion of a cost-sharing agreement for road and bridge widening, or if those works should be funded through a Development Charge By-law.
The Tribunal found that the access function is a local service and the widening works are growth-related infrastructure improvements that directly benefit the development.
The Tribunal approved the contested condition requiring the appellant to bear the cost.
Tribunal approves settlement for 78-unit townhouse development, allowing site plan and subdivision appeals in part.
The appellant appealed the Township's failure to make a decision on applications for Site Plan Approval and a Draft Plan of Subdivision for a 78-unit townhouse development.
The parties reached a settlement resolving outstanding engineering matters through a single set of conditions of approval.
Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with the Provincial Planning Statement, in conformity with applicable Official Plans, and representative of good planning.
The appeals were allowed in part to approve the site plan and draft plan of subdivision subject to the agreed conditions.
Tribunal schedules new eight-day hearing for zoning by-law amendment appeal following unsuccessful settlement discussions.
The Ontario Land Tribunal held a Case Management Conference regarding a zoning by-law amendment appeal for a property in Whitby.
The parties had previously adjourned the hearing to engage in settlement discussions but were unable to reach a settlement.
The Tribunal scheduled a new eight-day video hearing to commence on October 29, 2025, and amended the Procedural Order to set a new deadline for filing the Hearing Plan.
Party status granted to Region of Durham and procedural order approved at case management conference.
The applicants appealed the Municipality of Clarington's failure to make a decision regarding official plan amendment, zoning by-law amendment, and draft plan of subdivision applications for a proposed high-rise development.
At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Durham on consent.
The Tribunal denied a party status request from a neighboring developer, granting participant status instead, as the primary concern regarding building height would be adequately addressed by the municipalities.
The Tribunal approved the Procedural Order and Issues List and scheduled a five-week merit hearing.
Tribunal approves procedural order and schedules seven-day merit hearing for site plan and subdivision appeals.
The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Magnum General Contracting Inc. against the Township of Scugog for failing to make decisions on Site Plan Approval and Draft Plan of Subdivision applications.
The Tribunal approved the final draft Procedural Order and Issues List, and scheduled a seven-day merit hearing to commence on May 26, 2025, by video.
Tribunal issues procedural order governing appeals for a residential redevelopment and heritage demolition in Clarington.
The Ontario Land Tribunal issued a Procedural Order to govern the hearing of appeals by Lambs Road School Property Ltd. concerning the Municipality of Clarington's failure to make decisions on applications for a zoning by-law amendment and a plan of subdivision, as well as an appeal regarding the demolition of a heritage building.
The order sets out the schedule, issues list, and procedural requirements for the 15-day video hearing scheduled to commence on March 17, 2025.
Tribunal consolidates appeals, schedules hearing, and partially approves unappealed portions of Whitby's OPA 126.
At a second Case Management Conference, the Tribunal administratively consolidated appeals concerning site-specific exemptions to the Town of Whitby's Official Plan Amendment No. 126.
On consent of the parties, the Tribunal scheduled a nine-day hearing for the consolidated appeals and issued an order bringing the unappealed portions of OPA 126 into full force and effect pursuant to section 17(39) of the Planning Act.
Tribunal approves settlement for 113-unit residential subdivision following municipality's failure to make a decision.
The appellant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and site plan control to permit a residential development.
The parties reached a settlement to permit a revised 113-unit development.
Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local official plans.
The appeals were allowed in part to approve the revised instruments.
Tribunal schedules further settlement hearing to allow parties to finalize documentation for residential subdivision appeals.
The appellant appealed the municipality's failure to make a decision on applications for a 136-unit residential subdivision within the statutory timeframes.
At a scheduled settlement hearing, the parties advised that they had settled in principle but required more time to finalize the settlement documentation.
The Tribunal scheduled a further settlement hearing for June 17, 2024, and directed the parties to submit their materials in advance.
Tribunal approves procedural order and schedules nine-day hearing for subdivision and zoning appeals.
At a Case Management Conference regarding appeals for an official plan amendment, zoning by-law amendment, and draft plan of subdivision, the Ontario Land Tribunal approved a draft Procedural Order on consent of the parties.
The Tribunal scheduled a nine-day video hearing for February 2025.
Additionally, the Toronto Region Conservation Authority was removed as a party on consent, as it had reached an agreement with the applicant on conditions of approval.
Party status granted and second Case Management Conference scheduled in appeals of Whitby Official Plan Amendment.
The Tribunal held a first Case Management Conference regarding appeals of the Town of Whitby's Official Plan Amendment No. 126.
The appellants, owners of properties on Brock Street North, appealed the OPA to protect their respective mixed-use redevelopment proposals.
Bara Group (Whitby) Inc. requested and was granted party status.
The Tribunal scheduled a second Case Management Conference for June 28, 2024, to allow the parties further time for dialogue and to present options to Town Council.
Tribunal issues Procedural Order and schedules 10-day hearing for seniors' campus development appeals.
The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a seniors' campus and townhouse units.
The Ontario Land Tribunal held a Case Management Conference to organize the hearing.
The Tribunal scheduled a 10-day video hearing and issued a Procedural Order to govern the proceedings.
Tribunal grants party and participant status and schedules second Case Management Conference for townhouse development appeals.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the township's failure to make decisions on site plan control and draft plan of subdivision applications for a 78-unit townhouse development.
The Tribunal granted party status to the region and participant status to the conservation authority.
A second Case Management Conference was scheduled for September 23, 2024, to allow the parties time to further discussions and await the outcome of related Official Plan and Zoning By-law amendment appeals.
Tribunal approves Procedural Order and schedules five-day merit hearing for residential subdivision appeals.
The Ontario Land Tribunal held a third Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and site plan control for a residential subdivision.
The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a five-day merit hearing.
Tribunal granted party and participant status and scheduled a second Case Management Conference.
The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a townhouse and seniors' campus development.
At the Case Management Conference, the Tribunal granted party status to the Region of Peel and participant status to two individuals.
A second Case Management Conference was scheduled to allow the parties to provide updates following an upcoming municipal council meeting.
Tribunal reserved decision on party status request and issued procedural directions for upcoming Case Management Conference.
This was the second Case Management Conference regarding appeals by the applicant for the municipality's failure to make a decision on revised applications for a Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan Control to permit a 136-unit residential subdivision.
The Tribunal reserved its decision on a party status request by an adjacent landowner seeking reimbursement for servicing costs, directing the parties to continue discussions.
The Tribunal also directed the parties to prepare a draft Procedural Order and Issues List, and to address whether the 2014 or 2020 Provincial Policy Statement applies to the revised applications.
Official Plan Amendment approved on consent to permit a reduced right-of-way width.
The appellant appealed the Town of Whitby's adoption of Official Plan Amendment No. 123, seeking an exception to permit a reduced right-of-way width of 42 metres along Dundas Street East due to technical constraints.
The parties reached a settlement and jointly requested approval of a modified amendment including the requested special provision.
Relying on uncontested expert land use planning evidence, the Tribunal found the modified amendment had appropriate regard for matters of provincial interest, was consistent with the Provincial Policy Statement, conformed to the Growth Plan and the Region of Durham Official Plan, and represented good planning.
The appeal was allowed and the amendment was approved as modified.
