Russell D. Cheeseman

The appellants appealed the Town's refusal to grant minor variances for an accessory structure built without a permit.

The variances sought relief for maximum height and minimum interior side yard setback.

The Town did not appear at the hearing.

Based on the unchallenged expert planning evidence, the Tribunal found that the variances met the four-part test under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed and the variances were authorized.

The Conservation Review Board issued a procedural order regarding multiple objections to Notices of Intention to Designate various properties under the Ontario Heritage Act.

Several objectors withdrew their objections, leading the Board to close those files.

The remaining objectors, who had failed to participate in previous proceedings, were ordered to either withdraw their objection or provide written submissions explaining why their matter should not be dismissed.

The scheduled hearing was canceled.

The Conservation Review Board issued a procedural order regarding objections to Notices of Intention to Designate multiple properties in the Town of Aurora under the Ontario Heritage Act.

Due to the provincial emergency, the hearing was scheduled to proceed by video conference.

The previously scheduled site visit was cancelled, and the parties were directed to jointly provide photographs of the properties in lieu of a site visit.

Following an unsuccessful motion for leave to appeal, the responding parties sought costs.

Tweed Farms Inc. sought partial indemnity costs of $36,701.06, arguing the moving party's unreasonable positions and the expedited nature of the proceeding increased costs.

The moving party argued the amounts were excessive.

The court awarded Tweed Farms Inc. $25,875 and 2470689 Ontario Inc. $5,940, finding these amounts reasonable and proportionate.

This endorsement addresses the costs arising from an unsuccessful motion for leave to appeal brought by The Corporation of the Town of Niagara-on-the-Lake (NOTL).

The responding parties, Tweed Farms Inc. and 2470689 Ontario Inc., sought costs.

Tweed Farms claimed increased costs due to NOTL's abandoned positions, the expedited nature of the motion, and challenges related to virtual hearings during COVID-19.

NOTL argued the claimed amounts were excessive.

The court applied principles of proportionality and reasonable expectations, adjusting counsel rates and acknowledging the impact of NOTL's litigation conduct.

The court awarded Tweed Farms Inc. $25,875 and 2470689 Ontario Inc. $5,940, both on a partial indemnity basis.

The Town of Niagara-on-the-Lake sought leave to appeal an interlocutory procedural order of the Local Planning Appeal Tribunal (LPAT) regarding appeals of an interim control by-law restricting cannabis-related land uses.

The Divisional Court dismissed the motion for leave to appeal as premature.

The court held that there were no exceptional or extraordinary circumstances to justify departing from the general rule against fragmenting administrative tribunal proceedings by hearing appeals from interlocutory decisions.

The Conservation Review Board issued a procedural order setting the schedule and procedures for a hearing regarding objections to Notices of Intention to Designate multiple properties in the Town of Aurora under the Ontario Heritage Act.

The order established dates for a site visit, exchange of witness lists, expert meetings, and document disclosure.

The Board also noted that the hearing format could be altered due to the ongoing provincial emergency.

Procedural order arising from a pre-hearing conference regarding objections to Notices of Intention to Designate multiple properties under the Ontario Heritage Act.

The Conservation Review Board consolidated the hearings, granted party and participant status, noted the failure of several property owners to attend, and set a schedule for disclosure and the finalization of an Agreed Statement of Facts and Issues List.

A pre-hearing conference was held regarding multiple objections to Notices of Intention to Designate several properties under the Ontario Heritage Act.

Several property owners failed to attend the conference despite receiving proper notice.

Pursuant to section 7(1) of the Statutory Powers Procedure Act, the Conservation Review Board ordered that it would proceed in their absence and that they are no longer entitled to further notice.

The Board also established a procedural schedule for the remaining active parties to finalize disclosure, an Agreed Statement of Facts, and an Agreed Issues List ahead of a 3-day hearing.

The Conservation Review Board issued a procedural order following a pre-hearing conference regarding an objection to a Notice of Intention to Designate a property.

The order sets out the organization and conduct of the upcoming three-day hearing, including dates for the hearing, site visit, and deadlines for the exchange of witness lists, expert reports, and documentary evidence.