Russell Cheeseman

The Tribunal held a Case Management Conference to address preliminary issues in an appeal concerning a site plan application for a proposed cemetery.

The primary issue was the admissibility of two new witness statements filed by the Town, which the applicant argued were improper and raised new issues.

The Tribunal ruled that the witness statements were relevant to the site plan appeal and permissible.

The Tribunal also declined to stay the proceedings pending a related judicial review application, finding no exceptional circumstances, and scheduled a four-day merit hearing.

The Ontario Land Tribunal issued an amending decision to correct technical and typographical errors in its previous decision dated July 22, 2025.

The amendments included replacing a paragraph regarding a party's position on a technical error and correcting the spelling of counsel's name.

In all other respects, the original decision remains unchanged.

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

The Tribunal granted requests from several parties to withdraw their appeals.

Additionally, the Tribunal granted a request by Losani Homes to consolidate its site-specific appeals of the Comprehensive Zoning By-law with its appeals of privately-initiated applications for the same properties, finding it would be an effective and efficient use of resources.

Further Case Management Conference dates were scheduled.

The Tribunal held a first Case Management Conference regarding 13 appeals against three Town of Oakville Official Plan Amendments (OPAs 68, 332, and 333) adopted in response to Bill 97.

The Town advised that it is undertaking a process to consider modifications to the OPAs, which may render the appeals moot.

The Tribunal scheduled a second Case Management Conference for February 9, 2026, to allow the Town time to complete its process and directed the Town to provide a status update prior to the hearing.

The appellant appealed the Town of Oakville's conditional approval of its site plan application, specifically challenging a condition that required the subject lands to be removed from the Parkway Belt West Plan.

During a teleconference, the parties requested a further teleconference to update the Tribunal on the status of their request to the Ministry of Municipal Affairs and Housing regarding the removal of the lands.

The Tribunal ordered a further teleconference to be scheduled for November 3, 2025.

At a third Case Management Conference, the parties informed the Tribunal that a settlement had been reached regarding appeals for an Official Plan Amendment, Zoning By-Law Amendment, and Plan of Subdivision to facilitate 33 single-detached residential units.

The Tribunal ordered the vacating of the previously scheduled ten-day merit hearing, reserving one day for a settlement hearing to consider the merits of the finalized instruments and conditions.

The applicant appealed the Township's refusal of a zoning by-law amendment to permit a hobby farm on an undersized lot and to revise the definition of a hobby farm to be based on nutrient units rather than a strict animal count.

The Township argued the proposal amounted to a commercial farming operation unsuitable for the constrained rural lot.

The Tribunal allowed the appeal, preferring the applicant's expert evidence that the proposal remains small-scale, complies with Minimum Distance Separation guidelines, and is consistent with provincial and local planning policies encouraging rural agricultural uses and local food systems.

This was the first 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 the Toronto Lands Corporation, finding it is a public body that meets the statutory requirements under the Planning Act.

The Tribunal also granted Participant status to the Sheppard Avenue East Community Group on consent.

The Tribunal directed the parties to consider mediation and set a schedule for finalizing the Issues List ahead of the next Case Management Conference.

The applicant appealed the City's calculation of a cash-in-lieu of parkland dedication fee under s. 42(10) of the Planning Act.

The applicant argued that the fee should be calculated under the new Bill 23 caps because the first building permit for construction was issued after November 28, 2022.

The City argued that demolition permits issued prior to that date constituted the first building permit in respect of the development.

The Tribunal agreed with the City, finding that the demolition permits facilitated the redevelopment and thus qualified as building permits under s. 42(3.5).

The appeal was dismissed and the original fee calculation of $1,908,576.00 was upheld.

The appellant appealed a municipal by-law designating a farmhouse under the Ontario Heritage Act.

Following a structural assessment revealing significant deterioration, the parties reached a settlement.

Based on expert architectural evidence that the property met only one of the required criteria for designation, the Tribunal allowed the appeal and repealed the designating by-law, noting the parties' agreement to salvage and relocate historic materials.

The Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 21-storey residential tower.

The Tribunal granted participant status to three individuals and scheduled a second Case Management Conference to consider consolidation of appeals and finalize a Procedural Order and Issues List.

The appellant appealed the Town of Aurora's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to facilitate a 33-unit residential development.

At the second Case Management Conference, the Tribunal considered requests for party and participant status.

The Tribunal granted party status to adjacent landowners who raised concerns about the proposed location of a road connection, finding no prejudice or delay would result.

Participant status was granted to two individuals.

A third Case Management Conference was scheduled to allow the parties to continue settlement discussions.

The applicant appealed the Committee of Adjustment's deferral of a minor variance application to permit a farm labour residence in the basement of an approved agri-tourism retreat.

The parties reached a settlement and presented a revised variance request.

Based on uncontroverted expert planning evidence, the Tribunal found the revised variance met the four tests under s. 45(1) of the Planning Act, was consistent with the Provincial Planning Statement, and had appropriate regard for provincial interests.

The appeal was allowed and the variance was approved subject to conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the Township of Seguin's refusal of a Zoning By-law Amendment to permit the redevelopment of a cottage and boathouse.

The Tribunal granted party status to the Lake Joseph North Association on consent.

The parties expressed openness to mediation, and the Tribunal approved a draft Procedural Order, scheduling a three-day video hearing for September 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the municipality's failure to make decisions on an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The proposed development involves a mixed-use community with buildings up to 15 storeys.

The Tribunal granted party status to an adjacent property owner and issued procedural directions for the parties to finalize a Procedural Order and Issues List and to schedule a hearing on the merits.

The Tribunal held a first Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on a Zoning By-law Amendment application for a proposed 26-storey residential building.

At the CMC, the applicant advised of its intention to revise the application to propose a 40-storey building, which would require an Official Plan Amendment.

The municipality requested time to seek further direction from Council regarding the proposed revisions.

The Tribunal scheduled a second CMC for September 29, 2025, to allow for the revisions and ongoing mediation.

The City of Brantford brought a motion to scope appeals of its new Comprehensive Zoning By-law (CZBL) and to bring the unappealed portions of the CZBL into full force and effect on a city-wide basis.

The appellant parties consented to scoping their appeals to their specific sites or areas.

Relying on uncontested planning evidence, the Tribunal found that granting the motion represented good planning as it would streamline the development process.

The Tribunal granted the motion pursuant to s. 34(31) of the Planning Act, bringing the CZBL into force save and except for the specific properties under appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by TWTH Development Inc. against the Town of Aurora's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications aim to facilitate 33 single-detached residential units.

The Tribunal scheduled a second CMC to allow the Town to produce an Issues List and set a 10-day hearing on the merits.

Requests for party and participant status were deferred or declined pending the second CMC.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 4, 2025.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to correct the spelling of counsel Diana Doracin's name in the appearances list.

In all other respects, the original decision and order remain unchanged.

The Ontario Land Tribunal issued a Procedural Order governing the procedures leading up to and including the hearing scheduled to commence on May 26, 2025, regarding an appeal by the applicant against the municipality's failure to adopt a requested Official Plan Amendment.