Russell Cheeseman

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Town of Caledon's adoption of Official Plan Amendment No. 285 and Official Plan Amendment No. 2, which establish the Wildfield Village Secondary Plan.

The parties reported ongoing discussions to narrow the issues but had not yet finalized a Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference for June 16, 2026, and directed the parties to submit a draft Procedural Order in advance.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal against the Town of Milton's passing of a Zoning By-law to permit a transportation terminal.

The parties disagreed on whether certain issues, specifically those involving a temporary use by-law, were properly before the Tribunal.

The Tribunal scheduled a Motion for Determination to resolve the dispute over the Issues List.

The applicant appealed the City of Hamilton's failure to make a decision on a Zoning By-law Amendment application to permit a residential development.

The parties reached a settlement for a revised proposal consisting of two residential buildings providing 519 rental apartment units.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement, in conformity with the City's Urban Official Plan, and representative of good planning.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Slessor Square LP1 against the Town of Milton's failure to approve an Official Plan Amendment and Zoning By-law Amendment for a high-density mixed-use development.

The Tribunal granted participant status to 29 individuals, subject to them providing written confirmation of their proximity to the proposed development.

The Tribunal also directed the parties to finalize a Procedural Order and Issues List and scheduled a 19-day merit hearing for April 2027.

The applicant appealed the Township's refusal of a consent application and its failure to make a decision on a related zoning by-law amendment.

The proposal sought to create a new rural residential lot and a retained lot with no direct road frontage, relying instead on an existing registered driveway easement.

The Tribunal allowed the appeals, accepting uncontroverted expert planning evidence that the proposal conforms to the intent of the Official Plans, is consistent with the Provincial Policy Statement, and represents good planning because the existing access arrangement will continue with no new functional impacts.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Town of Caledon's adoption of Official Plan Amendment No. 285 and Official Plan Amendment No. 2, which establish the Wildfield Village Secondary Plan.

The Tribunal granted party status to Global Properties Inc. and related entities, and participant status to the Peel District School Board.

A further Case Management Conference was scheduled to allow the parties to finalize a draft Procedural Order and Issues List.

The appellant appealed the enactment of a Development Charges By-law by the Township of Severn.

At the first Case Management Conference, the parties provided an update, submitted a draft Procedural Order, and requested dates for a five-day merit hearing.

The Tribunal approved the Procedural Order and scheduled the hearing.

A Case Management Conference was held regarding appeals of the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 336-unit affordable housing development.

The parties requested an adjournment as the South Simcoe Growth Initiative is currently underway and its outcome could impact the appeals.

The Tribunal granted the adjournment and scheduled a subsequent Case Management Conference for April 9, 2026.

At a Case Management Conference, the Tribunal considered appeals regarding a proposed 21-storey residential tower in the City of Vaughan.

The Tribunal granted the appellant's request to hear an appeal against the City's Comprehensive Zoning By-law together with the current appeals.

A 15-day hearing was scheduled for July 2026, and a Procedural Order was approved.

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 applicant appealed the Committee of Adjustment's denial of a minor variance to increase the maximum dwelling depth to permit a covered rear porch on a single detached dwelling under construction.

Prior to the hearing, the parties reached a settlement.

Based on the uncontroverted expert planning evidence, the Tribunal found the variance met the four tests under the Planning Act, was consistent with the Provincial Policy Statement, and would not cause adverse impacts on adjacent properties.

The appeal was allowed and the variance authorized subject to a condition requiring an amended site plan agreement.

This was the second Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 777 (Sheppard East Secondary Plan).

The Tribunal granted added party status to Lencroft Holdings Inc., allowing it to shelter under an existing appeal.

The Tribunal also granted requests to adjourn two specific appeals while those appellants pursue site-specific applications.

Procedural dates were established for the exchange of materials ahead of Tribunal-led mediation and a third Case Management Conference.

The applicant appealed the Township of Seguin's refusal of a Zoning By-law Amendment to permit the redevelopment of a cottage and boathouse with increased lot coverage, gross floor area, and dock size.

Prior to the hearing, the parties reached a settlement that reduced the proposed maximums.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Township's Official Plan.

The appeal was allowed and the zoning by-law was amended in accordance with the settlement.

The Tribunal held a Case Management Conference regarding appeals against the City of Brantford's new Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal scheduled future hearing dates and approved a procedural order.

Additionally, the Tribunal heard and approved a settlement between BSC Landco Inc. and the City regarding the property at 555 Greenwich Street.

Based on uncontested planning evidence, the Tribunal allowed the appeal in part to rezone a portion of the property from 'Core Natural' to a 'Holding - General Employment' zone, finding it consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The Tribunal held a second Case Management Conference regarding an appeal of a zoning by-law amendment application for a proposed residential development in Oakville.

The applicant advised that a revised application, including an Official Plan Amendment, would be submitted to increase the proposed height from 26 to 42 storeys.

The Town noted it was awaiting provincial approval of OPA 70.

On consent, the Tribunal scheduled a third Case Management Conference for April 2026 to allow the parties time to advance the revised applications and continue discussions.

The parties convened a status hearing to resolve a dispute over the wording of an issue for the Procedural Order in a site plan appeal for a proposed cemetery.

The Town sought to include an issue regarding whether the scale and phasing of the development was consistent with demonstrated need under the Provincial Planning Statement.

The applicant argued that 'need' is not a requirement for site plan approval under section 41 of the Planning Act.

The Tribunal directed the inclusion of a precursor issue asking whether need is a requirement for site plan approval, finding that the Tribunal must be guided by statutory requirements rather than importing what it deems valid considerations.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by Rowhedge Construction Ltd. against the Town of Oakville's refusal of Official Plan and Zoning By-law amendments.

The amendments seek to permit the development of 40 stacked townhouse units.

The Tribunal scheduled a 9-day video hearing to commence on June 22, 2026, and established the procedural dates and issues list.

The applicant appealed the municipality's refusal of its applications for an official plan amendment and zoning by-law amendment to permit the development of 40 stacked townhouses.

The Tribunal held a case management conference where no requests for party or participant status were made.

The Tribunal directed the parties to file a final procedural order and scheduled a nine-day merit hearing.