Russell D. Cheeseman

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant from the respondent's failure to make a decision on a Zoning By-law Amendment application.

The amendment sought to facilitate a subdivision development by reducing exterior side-yard setbacks and increasing maximum permitted height.

The Tribunal granted participant status to five individuals who raised environmental and built form concerns.

A second Case Management Conference and a ten-day hearing were scheduled to allow the parties to finalize the issues list and complete an Environmental Impacts Assessment.

At a Case Management Conference regarding appeals for a site-specific Official Plan amendment and Zoning By-law amendment to permit an 11-storey mixed-use building, the Ontario Land Tribunal granted Party status to the Regional Municipality of Durham and Participant status to a local resident on consent.

The Tribunal scheduled a 10-day hearing on the merits and directed the parties to finalize a Procedural Order and Issues List.

The appellant sought to sever a property to build two semi-detached dwellings, requiring variances for lot area, frontage, side yard setbacks, and building height.

The Committee of Adjustment denied the application, and the owner appealed to the Toronto Local Appeal Body.

The Tribunal found that the proposed built form and lot dimensions respected and reinforced the prevailing physical character of the neighbourhood, which included nearby semi-detached dwellings on similarly sized lots.

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

The Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on a site plan application for two industrial buildings.

The Region of Halton sought and was granted party status on consent, as the subject property accesses a regional road and is subject to the regional official plan.

The Tribunal approved the parties' draft Procedural Order and Issues List, and scheduled a two-day video hearing on the merits.

The Township of Selwyn brought a motion to dismiss an appeal of a zoning by-law amendment without a hearing.

The appellant, a numbered company, appealed the by-law because it restricted its ability to package cannabis grown on its farm, classifying the activity as processing rather than an agricultural use.

The Tribunal reviewed expert planning evidence from both parties and found that the appeal raised substantive land use planning issues regarding the definition and categorization of cannabis farming crops.

Concluding that the appeal was not frivolous, vexatious, or without a reasonable prospect of success, the Tribunal dismissed the Township's motion and ordered a second Case Management Conference to schedule a hearing on the merits.

The appellant appealed a decision regarding a minor variance application for the property at 3753-3755 Lake Shore Blvd.

W. Following a hearing where expert witnesses testified on potential conditions of approval, the Toronto Local Appeal Body issued an interim order.

The applicant was directed to submit a finalized list of requested variances, updated recommendations for conditions, and corresponding plans and elevations by May 10, 2023.

The appellant sought to sever a lot into two and requested associated minor variances to construct two detached homes.

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed development did not respect and reinforce the physical character of the immediate neighbourhood, which predominantly featured larger lots and lower densities.

Furthermore, the tribunal found that the development would result in the loss of mature trees and a decrease in tree canopy coverage, failing to maintain the tree preservation policies of the Official Plan.

The applicant appealed the City of Markham's neglect to make a decision on applications for a zoning by-law amendment and site plan approval to permit a 31-unit townhouse development.

At the Case Management Conference, the Tribunal was informed that the parties had reached a settlement.

The Tribunal granted participant status to two area residents and scheduled a settlement hearing for April 27, 2023.

The applicant appealed the Town's refusal of a minor variance application.

At the first Case Management Conference, the parties advised they were engaged in settlement discussions and promised to provide an update.

After failing to do so in a timely manner, the Tribunal directed the parties to inform it by May 15, 2023, regarding the scheduling of either a hearing or a settlement hearing.

The applicant appealed the City of Welland Committee of Adjustment's refusal of a minor variance application to permit the construction of a three-storey, 15-unit multiple dwelling with zero on-site parking.

The Tribunal accepted the uncontested expert planning evidence that the proposal represents appropriate residential intensification, makes efficient use of municipal infrastructure, and satisfies the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized.

The applicant appealed the Committee of Adjustment's refusal of a minor variance application to permit the construction of an 8-unit multiple dwelling with reduced parking, reduced rear yard setback, and increased lot coverage.

The Ontario Land Tribunal allowed the appeal and authorized the variances, accepting uncontested expert planning evidence that the proposal represents appropriate residential intensification, is transit-supportive, and meets the four tests under the Planning Act.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to render a decision on Official Plan and Zoning By-law Amendment applications for a 12-storey residential development.

The Tribunal granted participant status to a local resident, directed the parties to submit a draft Procedural Order and Issues List, and scheduled a second Case Management Conference and an eight-day hearing on the merits.

The Township of Tiny brought a motion under s. 34(31) of the Planning Act to bring into force the unappealed portions of its new comprehensive Zoning By-law No. 22-075.

The Tribunal granted the motion, bringing the unappealed portions into effect and amending the by-law to permit a Mineral Aggregate Resources zone on specific lands in accordance with a previous Tribunal decision.

The Tribunal also scheduled hearing dates for the remaining site-specific and section-specific appeals, including those related to short-term rentals, boathouses, and specific zoning designations.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of a refused consent application to sever a lot containing an existing kennel.

The Town of Oakville and Region of Halton had opposed the severance due to fragmentation of prime agricultural land.

On consent, the Tribunal granted party status to the Region of Halton.

As the parties were prepared to proceed, the Tribunal scheduled a three-day hearing on the merits and dispensed with the need for a Procedural Order and Issues List.

The appellant appealed the municipality's failure to make a decision on a site plan application for two industrial buildings within the required timeframe.

At the first Case Management Conference, the parties requested an adjournment to allow for ongoing discussions regarding the removal of the subject property from the Parkway Belt West Plan and the review of a resubmitted site plan.

The Tribunal scheduled a second Case Management Conference and directed that notice be provided to the regional municipality.

The appellant brought a motion to preemptively restrict a lay witness, the president of the responding neighbourhood association, from giving opinion evidence regarding a severance and minor variance application.

The appellant argued that since their own witnesses were qualified experts, the lay witness should be limited to factual evidence unless she met the test in R v Graat.

The tribunal dismissed the motion as premature, noting that the distinction between fact and opinion can be argued in closing submissions, and emphasized that the Statutory Powers Procedure Act grants the tribunal broad discretion to admit evidence that might be inadmissible in a court.

The applicant appealed the Town of Oakville's failure to make a decision on applications for a Zoning By-law amendment and draft Plan of Subdivision for a residential development.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted the uncontested expert planning evidence that the settlement represents good planning, conforms to the relevant official plans, and is consistent with the Provincial Policy Statement.

The appeals were allowed in part, the Zoning By-law was amended, and the draft Plan of Subdivision was approved subject to conditions.

The applicant appealed the Town of Oakville's failure to make a decision on zoning by-law and draft plan of subdivision applications within the legislative timeframe.

At the first Case Management Conference, the Tribunal granted party status to the Region of Halton, Conservation Halton, Eaglewood Communities Inc., and Dennis Khanna.

The Tribunal scheduled a second Case Management Conference to consider a draft Procedural Order and Issues List, and directed that Eaglewood's related appeals be heard together with these proceedings.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Victoria Park Village Inc. against the City of Guelph's refusal to adopt an Official Plan Amendment and a Zoning By-law Amendment for a proposed high-density residential development.

The Tribunal consolidated the two appeals, approved the agreed-upon Procedural Order and Issues List, and scheduled a 10-day video hearing for August 2023.