10 total
Tribunal scheduled a second Case Management Conference and a four-week hearing for Official Plan appeals.
This was a Case Management Conference regarding appeals of the Regional Municipality of York's decision to approve the new Official Plan for the Township of King.
The Tribunal received updates on the status of the appeals, noted a change in ownership for one appellant's lands, and scheduled a second Case Management Conference and a four-week hearing on the merits.
Tribunal issues procedural order for official plan and zoning by-law amendment appeals.
The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal by Dufcen Construction Inc. regarding the City of Vaughan's failure to adopt a requested official plan amendment and zoning by-law amendment.
The order sets out the organization of the hearing, requirements before the hearing, the list of parties, and the consolidated issues list.
Costs of $40,000 awarded to private respondent; municipal respondent denied costs due to causing zoning uncertainty.
Following an application regarding the interpretation of a municipal zoning by-law and legal non-conforming use, the parties made written submissions on costs.
The applicant, a public interest litigant, had partial success but the main issue was decided in favour of the respondents.
The court awarded partial indemnity costs of $40,000 to the respondent Picton Terminals.
The court declined to award costs to the respondent County, finding that its failure to recognize the trans-shipment use in its 2006 zoning by-law generated the uncertainty that led to the application, and recognizing the applicant as a public interest litigant.
Deep water port operations protected as legal non-conforming use despite expansion in types of bulk commodities.
The applicant, representing local ratepayers, brought an application to interpret a municipal zoning by-law, arguing that a deep water port facility's trans-shipment operations contravened the by-law.
The respondents argued the operations were protected as a legal non-conforming use.
The court interpreted the historical zoning by-laws and applied the framework for pre-existing uses, finding that the general historic use of the property for trans-shipment of bulk commodities had not fundamentally changed.
The court held that the current operations constituted a reasonable expansion of earlier activities and remained protected as a legal non-conforming use.
Corporate association lacked standing due to invalid incorporation; 1997 governance order partially vacated; audit denied.
The applicant, an incorporated association managing a recreational park, applied to vacate a 1997 court order that established a two-manager governance system.
Three respondent members brought a counter-application challenging the applicant's corporate standing and seeking an external financial audit.
The court found that the applicant lacked standing because the park's constitution was never properly amended to authorize incorporation.
The court partially vacated the 1997 order, removing provisions related to the defunct two-manager system but leaving other substantive provisions intact.
The request for an external audit was dismissed for failing to meet the statutory threshold under the Corporations Act and lacking majority member support.
Hearing adjourned on consent to allow the appellant to apply for a Niagara Escarpment Plan amendment.
The appellants appealed the refusal of a development permit application to reconstruct a sideroad from seasonal to year-round use.
During a pre-hearing conference, the Township of Clearview requested a six-month adjournment because the proposed road work would encroach into wetland areas, requiring an application to amend the Niagara Escarpment Plan.
All parties consented to the adjournment.
The Hearing Officers granted the adjournment and vacated the previously scheduled hearing dates to allow the amendment process to take place.
Tribunal allowed partial withdrawal of wind turbine appeal but adjourned settlement approval pending related appeals.
The appellant appealed the Director's refusal to approve two wind turbines in a Renewable Energy Approval.
The appellant later sought to withdraw this portion of the appeal and amend a condition regarding Blanding's Turtle as part of a settlement.
The Tribunal allowed the withdrawal of the appeal regarding the turbines but adjourned the hearing on the settlement agreement amending the condition until related appeals by other parties were resolved, to avoid conflicting outcomes.
Motion to adjourn Tribunal hearing pending judicial review dismissed as court outcome would not resolve appeal.
The Moving Parties sought a stay or adjournment of an Environmental Review Tribunal hearing regarding a Renewable Energy Approval for a wind project, pending the outcome of their application for judicial review in the Divisional Court.
The Tribunal determined the request was for an adjournment rather than a stay.
Applying its Rules of Practice, the Tribunal found that an adjournment was not justified, as the judicial review would not necessarily resolve the issues before the Tribunal, and delaying the hearing would prejudice the appellant and not serve the public interest in timely proceedings.
The motion was dismissed.
Motion for a stay of proceedings or adjournment of the hearing dismissed.
The added parties brought a motion for a stay of the proceedings or an adjournment of the hearing regarding the refusal of a Renewable Energy Approval for two wind turbines.
The Environmental Review Tribunal dismissed the motion, with reasons to follow.
Tribunal grants party and presenter status to several entities but denies party status to APPEC.
At a preliminary hearing regarding an appeal of a Renewable Energy Approval for a wind turbine project, several entities requested party or presenter status.
The Environmental Review Tribunal granted party status to the Municipality of Prince Edward County and two individuals with cultural heritage expertise, finding they had a genuine interest and would make relevant contributions.
The Tribunal denied party status to the Alliance to Protect Prince Edward County, as its interest was purely procedural and could be accommodated without formal party status.
The Architectural Conservancy of Ontario was granted presenter status.
The Tribunal also set the procedural schedule for the hearing.
