Russell D. Cheeseman

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for the failure of the municipality to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications propose 336 units of affordable housing.

The Tribunal reviewed the history of the appeals, noted the withdrawal of the Ministry of Municipal Affairs and Housing as a party, and scheduled a further Case Management Conference for July 21, 2026, directing the parties to provide a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a comprehensive zoning by-law and a refused consent application for five new residential lots in the Township of Tiny.

The Tribunal granted participant status to several neighbouring property owners but denied it to two individuals whose concerns related to a water pump test not conducted on the subject property.

A 10-day merit hearing was scheduled for November 2026, and the parties were directed to submit a draft Procedural Order and Issues List.

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 applicants appealed the Township's refusal of a zoning by-law amendment to permit the demolition of an existing legal non-conforming dwelling and the construction of a new, slightly larger dwelling.

The Tribunal found that the proposed development, which included a modest footprint increase and improved accessibility, was consistent with the Provincial Planning Statement and conformed to the applicable Official Plans.

Relying on expert engineering evidence, the Tribunal also determined that the municipality had relied on erroneous floodplain calculations, and that the new dwelling would be safely located above the critical flood level.

The appeal was allowed and the zoning by-law was amended.

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 Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make a decision on official plan and zoning by-law amendment applications within the statutory timelines.

The applications seek to permit a 12-storey mixed-use building.

The Tribunal approved the Procedural Order and Issues List, granted participant status to one individual, and scheduled a seven-day hearing to commence in September 2026.

The appellant appealed the municipal Committee of Adjustment's refusal of a minor variance to allow front-yard parking for single-detached homes designed to accommodate two Additional Residential Units (ARUs).

The municipality did not attend the hearing but its planning staff report supported the variance.

The Tribunal found that the variance met the four tests under the Planning Act, noting that it aligned with provincial housing objectives and corrected an inadvertent omission in the updated zoning by-law.

The appeal was allowed and the variance authorized.

The appellant brought a motion for discovery seeking the disclosure of a Market and Economic Analysis Report prepared by an outside consultant for the City of Brampton regarding a planning application.

The City argued the report was protected by litigation privilege as it was commissioned in anticipation of an appeal to the Tribunal.

The Tribunal found that the report was not requested in a public forum, was created for the dominant purpose of litigation, and was therefore protected by litigation privilege.

Furthermore, the Tribunal noted the report was neither necessary nor relevant as the City did not intend to rely on it.

The motion for discovery was dismissed.

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.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the Town of Caledon's decision to adopt Official Plan Amendment No. 285.

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

A second Case Management Conference was scheduled for March 6, 2026.