Roslyn Houser

The City of Burlington requested a review of a Tribunal decision that refused to dismiss an appeal of the new City Official Plan.

The original decision held that the appeal survived the sale of the subject property because it was 'tied to the land', and directed the City to contact the new owner.

The Tribunal Chair granted the request for review, finding that the original decision contained an error of law.

The Chair held that while Tribunal decisions regarding permitted land uses run with the land (in rem), the right to commence, maintain, or withdraw an appeal is a personal right (in personam).

The original decision was varied to dismiss the appeal without a hearing on the merits.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Regional Municipality of Halton's approval of the new City of Burlington Official Plan, as well as appeals against OPA 119 and ZBL 418.

The Tribunal granted non-appellant party status to Canadian National Railway Company, substituted Inaria Burlington Inc. for Burlington Healthcare Centre Inc., and scheduled a motion hearing to consider dismissing certain appeals and addressing potential settlements.

This was a status hearing regarding multiple appeals against the Region of Halton's approval of the new City of Burlington Official Plan, as well as appeals against Official Plan Amendment No. 119 and Zoning By-law Amendment No. 2020-418.

The Tribunal deferred a party status request from Canadian National Railway Company to the next Case Management Conference to allow parties time to obtain instructions.

The Tribunal scheduled a further Case Management Conference for July 16, 2025.

Multiple appeals were filed regarding the City of Toronto's adoption of Official Plan Amendment 469 and the Sherway Area Secondary Plan.

Cadillac Fairview Corporation Limited and the City presented a settlement proposal to resolve Cadillac Fairview's site-specific appeals concerning 25 The West Mall.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal has regard for matters of provincial interest, is consistent with the Provincial Planning Statement, and conforms to the Official Plan.

The Tribunal allowed the appeals in part to implement the settlement.

At the first Case Management Conference for appeals against the City of Toronto's adoption of Official Plan Amendment 716 (Downsview Secondary Plan), the Tribunal granted party status to two entities on consent.

The Tribunal directed that OPA 716 is in force and effect as of August 9, 2024, for lands not subject to the appeals.

A second Case Management Conference was scheduled to allow the parties to further scope the issues and finalize the Procedural Order.

At a second Case Management Conference regarding appeals for Official Plan and Zoning By-law amendments to permit nine detached dwellings, the Tribunal considered a new Official Plan Amendment appeal filed by the appellants.

On consent of the parties, the Tribunal ordered the consolidation of the new appeal with the existing appeals and approved an amended Procedural Order.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.

At a second Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on an Official Plan Amendment application, the Tribunal substituted CF Sherway Tru Rec Inc. as a party and granted party status to Home Depot of Canada Inc. and Amexon Realty Inc. The Tribunal also scheduled a motion to determine whether to consolidate this appeal with the Sherway Gardens Appeal, and scheduled a third Case Management Conference.