Rodney V. Northey

At a Case Management Conference regarding appeals for a proposed gravel pit and aggregate extraction operation, the parties jointly requested the suspension of all remaining deliverable deadlines in the current Procedural Order.

The suspension was requested to allow for ongoing settlement discussions and consultations with Indigenous groups.

The Tribunal granted the request and directed the parties to submit a revised Procedural Order and Issues List.

At a Case Management Conference regarding appeals for a proposed gravel pit, the parties jointly requested the suspension of all remaining deliverable deadlines in the current Procedural Order.

The suspension was requested to allow for ongoing settlement discussions and the completion of consultations with Six Nations of the Grand River Elected Council and the Haudenosaunee Confederacy Chiefs Council.

The Tribunal granted the request and directed the submission of a revised Procedural Order and Issues List.

The Ontario Land Tribunal issued a procedural order following case management conferences regarding appeals by the applicant.

The appeals relate to the proposed establishment of a new aggregate extraction operation (gravel pit) in the Town of Caledon.

The order sets out the procedural dates, issues list, and order of evidence for the hearing scheduled to commence in October 2025.

The Ontario Land Tribunal issued a Procedural Order following Case Management Conferences regarding appeals by Blueland Farms Ltd. The appeals relate to a proposed aggregate extraction operation (gravel pit) in Caledon.

The Tribunal established the procedural rules, hearing dates, and the Issues List for the hearing scheduled to commence in October 2025.

The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court dismissed the motion for leave to appeal without costs.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by Nelson Aggregate Co. regarding the proposed expansion of the Nelson Quarry in Burlington.

The order establishes the hearing schedule, issues list, and procedural requirements for the 60-day hearing scheduled to commence on March 4, 2025.

At a Case Management Conference regarding proposed aggregate extraction operations, the Ontario Land Tribunal considered whether multiple appeals under the Planning Act, Aggregate Resources Act, and Niagara Escarpment Planning and Development Act should be consolidated or heard together.

The Tribunal ordered that the matters be heard together pursuant to section 21 of the Ontario Land Tribunal Act and Rule 16 of the Tribunal's Rules of Practice and Procedure, finding it to be a fair and efficient way to deal with all issues without causing prejudice.

The Tribunal also scheduled future hearing dates and directed ongoing Indigenous consultation.

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.

The City of Burlington brought a motion for directions to amend a Notice of Undertaking filed by Nelson Aggregate Co. regarding the proposed expansion of the Burlington Quarry.

The City sought to compel the consolidation of potential future hearings for a Permit to Take Water (PTTW), an Environmental Compliance Approval (ECA), and an Aggregate Resources Act site plan amendment into the current consolidated proceedings.

The Ontario Land Tribunal dismissed the City's request to include the site plan amendment, finding no indication that the Ministry of Natural Resources and Forestry intended to propose amendments that would trigger a hearing.

The Tribunal also exercised its discretion under O. Reg. 351/21 to defer the PTTW and ECA applications until it is determined whether hearings will actually be required for those approvals, noting that the Ministry of Environment, Conservation and Parks typically requires land use approvals to be in place before issuing such permits.

The Tribunal confirmed the consolidation of the five existing appeals.

The applicant appealed the Township's failure to make a decision on an application for a temporary use zoning by-law to permit on-site rock crushing for up to two years during the construction of a residential subdivision.

The Township argued the mobile crusher was a 'major facility' under the Provincial Policy Statement and raised concerns about noise, dust, and endangered species.

The Tribunal found the crusher was a temporary construction-related emissions source, not a major facility, and that noise and dust could be adequately mitigated through a Best Management Practices Plan.

The Tribunal allowed the appeal in part, withholding its final order until the by-law is in final form.

At a Case Management Conference regarding appeals by Nelson Aggregate Co. for a proposed quarry expansion, the Ontario Land Tribunal scheduled a 60-day hearing on the merits.

The Tribunal adjourned a motion by the City of Burlington to consolidate related Niagara Escarpment Commission appeals due to the late filing of motion materials, which the panel had not fully received.

A further Case Management Conference was scheduled to hear the adjourned motion and finalize the procedural order.

The appellants, several local governments, appealed the dismissal of their application for declarations and injunctions against Canadian National Railway Company (CN) regarding the construction of an intermodal hub.

The appellants sought to compel CN to comply with over 65 provincial and municipal laws.

The application judge dismissed the application, finding that the majority of the claims lacked a factual foundation and were premature, and that the three specific bylaws at issue impaired the core of the federal railway undertaking under the doctrine of interjurisdictional immunity.

The Court of Appeal upheld the decision, confirming that the construction and operation of the intermodal hub is a vital part of a federal railway undertaking and that the municipal bylaws requiring official plan amendments impaired this core federal power.

The appeal and the application for leave to appeal costs were dismissed.

The applicant appealed the Township's refusal of a Zoning By-law Amendment and referred an Aggregate Resources Act licence application to the Tribunal to permit a gravel pit operation.

The Tribunal considered expert evidence on air quality, noise, transportation, and land use planning.

The Tribunal found that the proposed pit would have minimal to negligible health risks, would comply with noise guidelines, and that traffic impacts would be mitigated through road reconstruction.

The Tribunal concluded the applications were consistent with the Provincial Policy Statement and conformed to the Growth Plan.

The appeals were allowed in part, the zoning by-law was amended, and the Minister was directed to issue the licence.

The applicants, a First Nation and its former Chief, brought an application under Rule 14.05(3)(d) and (h) seeking declaratory relief regarding the interpretation of the Environmental Assessment Act and the Crown's Duty to Consult and Accommodate.

The application arose in the context of the proposed Marten Falls Community Access Road in the Ring of Fire region.

The Superior Court of Justice dismissed the application, finding it lacked jurisdiction to rewrite legislation or provide a de facto reference on how the Crown should discharge its duty in the future without a live factual dispute.

The court held that the application did not raise a justiciable issue and was not properly brought under the Rules of Civil Procedure.

The Ontario Land Tribunal held a case management conference regarding appeals by Nelson Aggregate Co. for official plan amendments and licenses to permit a quarry expansion.

The City of Burlington brought a motion to consolidate related Niagara Escarpment Commission appeals.

Due to concerns raised by the Tribunal regarding the City's supporting affidavit being sworn by a law clerk, the City withdrew its motion with liberty to refile.

The Tribunal scheduled a further case management conference to finalize the procedural order and hear the refiled motion.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Nelson Aggregate Co. for official plan amendments and an Aggregate Resources Act license to permit a quarry expansion.

The Tribunal granted party status to six entities, including the City of Burlington and the Regional Municipality of Halton, and participant status to 66 individuals.

The Tribunal directed the parties to collaborate on a Draft Procedural Order and Issues List and scheduled a further Case Management Conference to address a forthcoming motion for consolidation.

The appellant appealed the City's failure to adopt an official plan amendment to establish a secondary plan for a large master-planned community.

All parties except one landowner reached a settlement.

The opposing landowner argued the plan did not conform to the Greenbelt Plan due to proposed collector roads crossing the Greenbelt, and sought to have its lands excluded.

The Tribunal found that the approved Municipal Class Environmental Assessment (MCEA) established conformity with the Greenbelt Plan and that the Tribunal should rely on it.

The Tribunal also found no planning basis to exclude the opposing landowner's lands from the comprehensive secondary plan.

The appeal was allowed in part to approve the settlement plan in principle.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Jackson Harvest Farms Ltd. for a zoning by-law amendment and an aggregate licence to permit a gravel pit operation.

The Tribunal granted participant status to several individuals and scheduled a motion hearing to address the potential exclusion of witnesses.

The Tribunal also heard factual information regarding Minutes of Settlement reached between the applicant, the Township, and the Region, while deferring the hearing on the merits to a previously scheduled date.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Jackson Harvest Farms Ltd. for a Zoning By-law Amendment and an Aggregate Resources Act licence to permit a gravel pit operation.

The Tribunal formally consolidated the two appeals on consent of the parties.

The Tribunal also scheduled a third Case Management Conference to consider proposed Minutes of Settlement and approved the final Procedural Order and Issues List for the hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Jackson Harvest Farms Ltd. against the Town of Wilmot's refusal of a zoning by-law amendment application to permit a gravel pit operation.

The Tribunal granted party status to Citizens for Safe Groundwater Inc. and participant status to 37 individuals on consent.

The Tribunal scheduled a second Case Management Conference for March 2023 and a 22-day hearing for October 2023, anticipating administrative consolidation with a related Aggregate Resources Act license referral.