Russell D. Cheeseman

The applicant appealed the Committee of Adjustment's denial of minor variances to permit reduced landscaping widths for outside storage at an industrial property.

The parties reached a settlement and presented uncontroverted expert planning evidence supporting the variances.

The Tribunal found the variances satisfied the four tests under section 45(1) of the Planning Act, were consistent with provincial policies, and represented good planning.

The appeal was allowed and the variances were authorized subject to conditions.

The applicant brought a motion for costs against the appellant after the appellant withdrew his appeal of a zoning by-law amendment.

The applicant sought costs on a substantial indemnity basis, alleging the appellant lacked promptness in communications.

The Tribunal dismissed the motion, finding the appellant's conduct was reasonable, well-intentioned, and fell well short of the threshold for a costs award under Rule 23.9.

The Tribunal noted that costs should not be used as a threat to deter public participation in planning processes.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by DGB Trafalgar Limited objecting to the Town of Oakville's heritage designation By-law 2023-154 for the Bentley Family Farmhouse.

The order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence.

The hearing is scheduled to commence by video on September 10, 2024.

The Tribunal held a Case Management Conference regarding appeals by Roseville Properties Inc. against the Town of Oakville's failure to make a decision on a Zoning By-law Amendment and its conditional approval of a Site Plan Application for a 10-townhouse development.

The Tribunal ordered that the Site Plan Appeal be heard together with the Zoning By-law Amendment Appeal.

The Region of Halton was granted Party status in the Site Plan Appeal.

The Tribunal also set deadlines for the submission of the Procedural Order, Issues List, and witness statements ahead of the scheduled hearing.

At a second Case Management Conference, the Tribunal administratively consolidated appeals concerning site-specific exemptions to the Town of Whitby's Official Plan Amendment No. 126.

On consent of the parties, the Tribunal scheduled a nine-day hearing for the consolidated appeals and issued an order bringing the unappealed portions of OPA 126 into full force and effect pursuant to section 17(39) of the Planning Act.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for an Official Plan Amendment and Zoning By-Law Amendment to permit a residential development in Hamilton.

The Tribunal granted participant status to nine individuals, approved the Draft Procedural Order and Issues List, and scheduled a nine-day merit hearing to commence on October 1, 2024.

This was the first Case Management Conference regarding appeals by the applicant concerning the failure of the Township of Severn and the County of Simcoe to make decisions on a Zoning By-Law Amendment and a Draft Plan of Subdivision.

The Tribunal granted party status to the Simcoe County District School Board on consent.

The parties advised they are scheduled for Tribunal-led mediation in August 2024.

A second Case Management Conference was scheduled for September 19, 2024, to finalize a Procedural Order and Issues List.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Tribunal held a first Case Management Conference regarding appeals of the Regional Municipality of Halton's approval of Official Plan Amendment 50.

The Town of Halton Hills was granted Party status, and the Regional Municipality of Peel was granted Participant status on consent.

The parties indicated an intention to engage in Tribunal-assisted mediation and requested a second Case Management Conference to provide a draft Procedural Order and Issues List, which the Tribunal scheduled for October 2024.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 630-unit residential development and the adaptive reuse of a heritage building.

Prior to the hearing, the parties reached a settlement.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed development consistent with provincial policies and local plans.

The appeals were allowed in part, and the planning instruments were approved subject to conditions.

The appellants appealed the Township of West Lincoln's adoption of Official Plan Amendment No. 63, which implements a Secondary Plan for lands added to the Smithville Urban Area.

Following Tribunal-led mediation, the parties reached a partial settlement resolving numerous issues.

The Township brought a motion to approve the partial settlement, supported by uncontested expert planning affidavit evidence.

The Tribunal allowed the appeal in part, approving the modified OPA 63 save for scoped site-specific policies, and scheduled a merit hearing for the remaining issues.

The Ontario Land Tribunal held a second Case Management Conference concerning an appeal by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a seasonal residential development consisting of 173 cottages.

The Tribunal approved the draft Procedural Order and Issues List, and confirmed a 13-day hearing commencing in November 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City's failure to make a decision on Official Plan and Zoning By-law amendment applications.

The applications propose a 122-unit residential development.

The Tribunal scheduled a five-day video hearing to commence on October 28, 2024, and approved the Procedural Order and Issues List.

The applicant appealed the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 16-storey residential development.

Prior to the hearing, the parties reached a settlement for a revised 17-storey mixed-use building with 319 units.

The Tribunal accepted uncontested expert planning evidence that the settlement proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and local official plans, and represents good transit-oriented development.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a case management conference regarding appeals by Markham Suites Hotel Limited against the City of Markham's failure to adopt requested Official Plan and Zoning By-law amendments for a high-density residential mixed-use development.

On consent of the parties, the Tribunal issued a Procedural Order setting the hearing dates, procedural deadlines, and the Issues List for the upcoming 10-day hearing.

The parties attended a Case Management Conference regarding appeals from the City of Hamilton's non-decision on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications for a 630-unit residential development.

A previously scheduled settlement hearing was delayed due to a cyber security attack on the City.

The parties requested additional time for document review and sought to schedule a new half-day settlement hearing.

The Tribunal granted the request and scheduled the settlement hearing for May 27, 2024.

The Ontario Land Tribunal held a case management conference regarding appeals by the appellant against the municipality's approval of an official plan amendment and zoning by-law amendment for a property owned by the applicant.

The Tribunal granted party status to the property owner, directed the appellant to provide a revised issues list, and scheduled a motion for the property owner to seek dismissal of the appeals without a hearing.

The Tribunal also approved a procedural order and scheduled a ten-day hearing on the merits for January 2025.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application intended to facilitate a residential subdivision.

Prior to the hearing, the parties reached a settlement that included protections for a great blue heron habitat.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment consistent with provincial policies and local official plans.

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

The applicant appealed the County of Haldimand's failure to make a decision on an Official Plan Amendment and Zoning By-Law Amendment to permit a seasonal residential development.

At the first Case Management Conference, the Tribunal granted participant status to two individuals, noted the parties' openness to mediation, and scheduled a second Case Management Conference and a 13-day hearing.

The Tribunal held a first Case Management Conference regarding appeals of the Town of Whitby's Official Plan Amendment No. 126.

The appellants, owners of properties on Brock Street North, appealed the OPA to protect their respective mixed-use redevelopment proposals.

Bara Group (Whitby) Inc. requested and was granted party status.

The Tribunal scheduled a second Case Management Conference for June 28, 2024, to allow the parties further time for dialogue and to present options to Town Council.