Robert Woon

The applicant appealed the City of Oshawa's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a townhouse development.

Prior to the hearing, the parties reached a settlement on a revised proposal for 42 townhouse units.

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

The Tribunal allowed the appeals in part and approved the planning instruments to implement the settlement.

The appellant appealed the City of Oshawa's failure to make a decision on its zoning by-law amendment and plan of subdivision applications within the statutory timeframes.

The applications proposed the development of 42 townhouse units.

At the first Case Management Conference, the Tribunal granted party status to the Region of Durham and participant status to two individuals.

The parties advised that a settlement was likely and requested a two-day hearing.

The Tribunal scheduled a video hearing for July 4-5, 2023, to either consider the settlement or proceed on the merits.

The appellants appealed the Regional Municipality of Durham's modifications to the Municipality of Clarington's Official Plan Amendment No. 124, specifically concerning Policy 4.4.7 of the Southeast Courtice Secondary Plan.

The parties reached a settlement to revise the policy to require an overall average density of 85 units per net hectare, with no individual development having less than 60 units per net hectare.

The Tribunal accepted uncontested expert planning evidence that the revised policy represents good planning, is consistent with the Provincial Policy Statement, and conforms with the Growth Plan and applicable official plans by facilitating a broader range of housing types, including townhouses.

The appeals were allowed to approve the modified policy.

The appellant appealed the Town of Whitby's adoption of Official Plan Amendment 123, which requires a 45-metre right-of-way along Dundas Street East.

At the first Case Management Conference, the Tribunal granted Party status to the Region of Durham on consent.

The parties advised that settlement discussions were ongoing, and the Tribunal scheduled a second Case Management Conference for October 13, 2022.

The applicant sought resolution of a dispute with the Chief Building Official regarding the rejection of a proposed Class 4 sewage system design for a new residential dwelling.

The proposed design utilized a modified shallow buried trench system with reduced spacing between chambers, compensated by a basal sand layer.

The Building Code Commission found that the proposed layout did not provide sufficiency of compliance with the Building Code, as the adjacent layout could impede air flow and the lack of required separation distance could impact effectiveness.

The appellant appealed the Town of Whitby's failure to make decisions on official plan and zoning by-law amendment applications within the statutory timeframes.

The applications sought to permit a seven-storey residential apartment building.

At the third Case Management Conference, the Ontario Land Tribunal approved a revised Procedural Order on consent of the parties, who were working cooperatively towards a revised development proposal.

The Tribunal issued a procedural order on consent of the parties to govern the upcoming 10-day video hearing regarding appeals of the Town of Ajax's Zoning By-law No. Z2/19.

The order establishes the issues list, order of evidence, and procedural dates for the exchange of witness statements and other materials.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Pickering Harbour Company Ltd. from the City of Pickering's refusal to adopt amendments to the Official Plan and Zoning By-law for lands at 591 Liverpool Road.

The Tribunal approved the Draft Procedural Order on consent of all parties and scheduled a nine-day video hearing to commence on November 7, 2022.

At a Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment, the Tribunal considered a request for an adjournment.

The representative for a newly incorporated community group seeking party status had unexpectedly resigned just prior to the hearing.

With the consent of all parties, the Tribunal granted the adjournment to allow the community group time to retain new representation and finalize a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality's refusal of a zoning by-law amendment and draft plan of subdivision.

The parties submitted a revised draft Procedural Order and Issues List, which the Tribunal approved.

A five-day video hearing was scheduled to commence on March 14, 2022.

The Ontario Land Tribunal held a second case management conference regarding appeals by Whitby Brock Estates Inc. for the Town of Whitby's failure to make decisions on official plan and zoning by-law amendment applications for a proposed 7-storey apartment building.

The Tribunal directed the parties to finalize and submit the Procedural Order and Issues List by October 8, 2021.

A five-day hearing was scheduled for March 2022, with a final case management conference set for February 2022.

At a Case Management Conference regarding appeals of a zoning by-law amendment passed by the Town of Ajax, the Ontario Land Tribunal granted party status to the Regional Municipality of Durham and the new owners of the subject lands.

The Tribunal scheduled a 10-day video hearing and directed the parties to submit a finalized Draft Procedural Order and Issues List.

The applicant appealed the Town of Ajax's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a residential development.

At the first Case Management Conference, a community group requested party status but was denied because it was not yet formally incorporated, though they were permitted to reapply at the next CMC.

The Tribunal scheduled a second CMC and directed the parties to prepare a draft Procedural Order and Issues List.

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.

The appellants appealed a Director's Order requiring the removal of waste ash from a property.

At a preliminary hearing, the appellants sought a stay of the order pending the resolution of the appeals.

The Director consented to a stay of most items in the order, as there was no evidence of potential harm to human health or the environment.

The Tribunal granted the stay in part and also granted participant status to the City of Toronto and the Ontario Waste Management Association for the purpose of a forthcoming motion to revoke the order against the Regional Municipality of Peel.

The Regional Municipality of Peel applied for costs against the Director of the Ministry of the Environment and Climate Change following the revocation of a 2013 Director's Order and the dismissal of the related appeal proceeding.

Peel argued the Director's conduct was unreasonable due to delays in issuing a new 2015 Director's Order.

The Environmental Review Tribunal applied the Baker standard and found that the Director's conduct did not interfere with the Tribunal's ability to secure a just, expeditious, and cost-effective determination of the proceeding.

The costs application was dismissed.

The Regional Municipality of Peel brought a motion to revoke a Director's Order regarding the removal of waste ash from a site, requesting the motion be heard prior to the main appeals.

The City of Toronto and the Ontario Waste Management Association sought participant status.

The Environmental Review Tribunal granted participant status to both entities and ordered that Peel's motion to revoke be heard prior to the hearing of the appeals, subject to a schedule for disclosure.