Scott Snider

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 residential development consisting of apartment buildings and stacked townhouses.

Following a Case Management Conference, the Ontario Land Tribunal issued a procedural order on consent to govern the proceedings leading up to the hearing scheduled for July 2024.

At a Case Management Conference for appeals of the City of Burlington's Official Plan Amendment No. 130, the City requested an amendment to the Procedural Order to change the order of argument so it could present first.

The Tribunal dismissed the request, finding the City failed to demonstrate undue prejudice to justify altering the previously ordered procedure, especially since evidence would be submitted in writing.

The Tribunal granted a joint request to adjourn the merit hearing to allow the parties to consider impending provincial legislation.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the Building Industry and Land Development Association and Burlington Healthcare Centre Inc. & Carriage Gate Inc. against the City of Burlington's Official Plan Amendment 130.

The amendment updated policies in response to Bill 109 regarding pre-consultation processes and complete planning application submissions.

The order sets out the organization of the hearing, requirements before the hearing, key dates, parties, and the issues list.

The Tribunal considered a request for partial approval of the City of Guelph's Official Plan Amendment No. 79 (OPA 79), which introduced the Clair-Maltby Secondary Plan.

Following mediation, the parties reached a partial settlement resulting in modifications to OPA 79.

Based on uncontroverted expert planning evidence, the Tribunal found that the modified OPA 79 is consistent with the Provincial Policy Statement, conforms with the Growth Plan, and represents good planning.

The Tribunal allowed the appeals in part and partially approved the modified OPA 79, while preserving the rights of the remaining appellants for a future merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Sifton Properties Limited against the City of Brantford's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal granted party and participant status to several entities and individuals, and scheduled a 12-day merit hearing to commence in July 2024.

The appellants appealed the Town's refusal of consent and minor variance applications to divide a residential lot containing a historic home into three parcels, as well as the Town's passing of a heritage designation by-law.

The Tribunal found that the property was not a farm remnant and that neither the deep front yard setback nor the former driveshed constituted protectable heritage attributes under the Ontario Heritage Act.

The Tribunal allowed the appeals in part, approving the severances and variances subject to conditions, including a heritage easement to protect views of the historic home, finding the proposal consistent with provincial and municipal planning policies.

The appellants appealed the Region of Halton's approval of Official Plan Amendment No. 54 (the Trafalgar Secondary Plan) to the Town of Milton Official Plan.

Following negotiations, the parties reached a partial settlement regarding approximately 61 policies, leaving 16 policies unresolved.

Based on the uncontroverted expert planning evidence, the Tribunal found the resolved policies were consistent with provincial policy and represented good planning.

The Tribunal allowed the appeals in part, modifying and approving the resolved policies while withholding approval on the unresolved policies.

The City of Guelph brought a motion for directions seeking partial approval of its new Comprehensive Zoning By-law, save and except for certain sections under appeal.

The City also sought to scope the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to site-specific or area-specific appeals.

The Tribunal granted the motion, finding that the notices of appeal for both respondents only provided reasons related to specific properties and did not justify city-wide appeals.

The Tribunal deemed the unappealed portions of the By-law to be in full force and effect and ordered the respondents to scope their appeals accordingly.

The appellants brought a motion for costs against the applicant following the applicant's unsuccessful motion to dismiss their planning appeals.

The appellants argued that the applicant's motion to dismiss had no reasonable chance of success and was brought to exhaust their resources, constituting unreasonable and frivolous conduct.

The Tribunal found that the applicant's conduct was not irrational or lacking seriousness, noting that the motion to dismiss raised novel legal issues under recently enacted legislation.

The Tribunal concluded that the applicant was merely exercising its statutory rights and denied the request for costs.

The Tribunal approved a settlement resolving Phase 2 and Phase 3 of appeals concerning Official Plan Amendment No. 32 (OPA 32) for the Southwest Georgetown Lands in the Town of Halton Hills.

The settlement modifies OPA 32 to establish a secondary plan permitting approximately 9,300 dwelling units, commercial and institutional uses, and a transportation network.

Based on uncontroverted expert planning evidence, the Tribunal found the modified OPA 32 is consistent with the Provincial Policy Statement, conforms to the Growth Plan and Regional Official Plan, and represents good planning.

The appeals were allowed in part to approve the modifications, and the related private official plan amendment appeals were dismissed.

The appellants appealed the Municipality's denial of a consent application to sever a 2.8-hectare residential lot containing two dwellings from a 37.9-hectare farm parcel.

The appellants argued the dwellings were surplus to their farming operation following farm consolidation.

The Tribunal found the application premature under s. 51(24)(b) of the Planning Act because the property was subject to a site-specific zoning by-law prohibiting further severances, and no zoning by-law amendment application was before the Tribunal.

The Tribunal also noted the severance would further reduce an already undersized agricultural parcel.

The appeal was dismissed.

This was the fourth Case Management Conference regarding appeals of the City of Guelph's Official Plan Amendment No. 79 (Clair-Maltby Secondary Plan).

The parties reported substantial progress in settlement discussions and requested a partial Settlement Hearing.

The Tribunal approved a revised Procedural Order and Issues List, and scheduled a partial Settlement Hearing for January 25, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

This was the second Case Management Conference regarding appeals of Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan for the Town of Milton.

The parties advised the Tribunal of productive settlement discussions and requested a written hearing to consider a motion for partial approval of the Secondary Plan.

The Tribunal scheduled the written hearing for January 19, 2024, and a third Case Management Conference for February 26, 2024, to address further scheduling and procedural matters.

This was the fifth Case Management Conference regarding appeals of the Town of Whitchurch-Stouffville's Official Plan Amendment No. 136, which the Region of York failed to approve.

The Tribunal heard updates on settlement discussions and potential motions to hear site-specific appeals together with the OPA appeals.

The Tribunal scheduled an 18-day merit hearing for August 2024 and directed the parties to file a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Lafarge Canada Inc. against a zoning by-law amendment approved by the Town of Collingwood.

The amendment facilitates a residential subdivision on lands adjacent to the appellant's concrete plant.

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

As the parties were optimistic about reaching a settlement, the Tribunal scheduled a second Case Management Conference to either review a settlement or establish a procedural order and issues list.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Far Sight Homes and others against the Town of Whitchurch-Stouffville for failing to make decisions on Official Plan, Zoning By-law, and draft plan of subdivision applications.

The Town requested consolidation with another ongoing appeal, but the Tribunal deferred that decision pending a future conference in the other matter.

The Tribunal set a 10-day hearing commencing June 3, 2024, and granted participant status to a local resident.

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 residential development.

At the first Case Management Conference, the parties requested a second CMC to allow time to finalize the issues in dispute or reach a settlement.

The Tribunal granted the request and scheduled a second CMC.