Scott Snider

Mattamy brought a motion to consolidate two competing Official Plan Amendment (OPA) appeals regarding the Southwest Georgetown secondary plan, and to have its site-specific zoning and draft plan appeals heard together with the OPA appeals.

The Town brought a preliminary motion to strike the reply affidavit of Mattamy's planning expert, arguing it contained legal advocacy.

The Tribunal dismissed the motion to strike, finding the affidavit relevant but noting it would separate the planning opinion from the advocacy.

The Tribunal dismissed Mattamy's motion in its entirety, finding that hearing the site-specific appeals together with the OPA appeals would be premature, potentially prejudicial to the approval authorities, and could inappropriately invert the planning hierarchy.

The Tribunal also found no appreciable benefit to formally consolidating the two OPA appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Collingwood's Zoning By-law No. 2022-007, which restricts development unless adequate municipal water and wastewater services are available.

The Tribunal granted party status to four entities and participant status to one entity.

A nine-day video hearing was scheduled, and the Tribunal approved the finalized Procedural Order and Issues List submitted by the parties.

The applicant appealed the City of Brantford's refusal of a zoning by-law amendment to permit a 318-unit residential development consisting of two new six-storey buildings and an existing building.

The central issue was the proposed reduction in parking requirements and the applicant's refusal to unbundle parking costs from rent.

The Tribunal allowed the appeal, accepting uncontradicted expert planning evidence that the proposal represents appropriate residential intensification, conforms to the Growth Plan and Official Plan, and that parking costs cannot be regulated through a zoning by-law.

The appellant appealed the City of Mississauga's failure to make decisions regarding proposed Official Plan and Zoning By-law Amendments and a draft Plan of Subdivision to facilitate residential development and the retention of a heritage dwelling.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence supporting the proposed instruments.

The Tribunal found the proposed instruments consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good planning.

The appeals were allowed in part, and the instruments were approved.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals of the City of Guelph's Official Plan Amendment No. 79, which introduced the Clair-Maltby Secondary Plan.

The Tribunal granted party status to Timberworx Custom Homes Inc. and provisional party status to Foundation for the Support of International Medical Training Inc. A second Case Management Conference was scheduled to finalize the Procedural Order and Issues Lists, and an eight-week merit hearing was scheduled to commence in January 2024.

The Ontario Land Tribunal issued a Procedural Order following a case management conference regarding appeals of the Town of Plympton-Wyoming's Official Plan Amendments 51 and 54.

The appeals concern a request to permit a surplus farm dwelling severance and the Town's five-year review of its Official Plan.

The Order sets out the hearing schedule, issues list, and procedural requirements for the video hearing scheduled to commence on December 11, 2023.

The Ontario Land Tribunal held a second case management conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for a zoning by-law amendment and a plan of subdivision.

The applications propose a 390-unit residential development.

The Tribunal granted party status to a representative of local residents and participant status to several individuals.

A further status hearing was scheduled for July 2023 to finalize the issues list and set hearing dates.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant for the City of Brampton's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit two seven-storey apartment buildings.

The Tribunal finalized the Issues List, declining to include issues related to property values and noise impacts on an adjacent group home, and issued a Procedural Order scheduling a five-day hearing on the merits.

At a case management conference, the Ontario Land Tribunal addressed two motions regarding appeals of Official Plan Amendments 51 and 54.

On consent, the Tribunal ordered the appeals to be heard together.

The Tribunal also ordered the appellant to provide substantive responses to the Town's request for particulars on a without prejudice basis.

A five-day video hearing was scheduled for December 2023.

This was the fourth Case Management Conference regarding appeals of the Town of Halton Hills' failure to adopt a requested Official Plan Amendment and appeals against the adopted Official Plan Amendment 32.

The Tribunal received a status update on mediation efforts concerning natural heritage issues.

The Tribunal directed revisions to the Issues List proposed by a party, finding some issues were not relevant planning matters.

The Tribunal approved the revised Issues List and issued the Procedural Order to govern the upcoming three-phase merit hearing.

At a Case Management Conference regarding appeals for a proposed residential subdivision, the Tribunal scheduled a hearing for the zoning by-law amendment appeal and noted the parties' intent to seek Tribunal-led mediation for the official plan amendment appeals.

The Tribunal also granted participant status to the Blue Mountain Watershed Trust Foundation.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Brampton's adoption of Official Plan Amendment 206-210 (Heritage Heights Secondary Plan).

The Tribunal granted non-appellant party status to the Credit Valley Conservation Authority and the Regional Municipality of Peel, and participant status to TC Energy.

The Tribunal also established a schedule for the parties to finalize a Consolidated Issues List and a draft Procedural Order, and scheduled a second Case Management Conference for March 23, 2023.

At a Case Management Conference regarding appeals of the Town of Plympton-Wyoming Official Plan Amendment No. 54, the Tribunal ordered the separation of the Southside Construction Management Limited appeal from the Venture Group appeal.

The Southside appeal was adjourned sine die on consent to be considered with future site-specific applications.

A second Case Management Conference was scheduled for the Venture Group appeal to allow for ongoing settlement discussions and to be heard together with a related appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Brampton's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit two seven-storey apartment buildings.

The Tribunal granted participant and party status to several individuals and the Region of Peel.

A second Case Management Conference was scheduled to allow the parties to scope issues and prepare a draft Procedural Order.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents an appropriate level of intensification for the site, which is located in an Urban Growth Centre.

The Tribunal allowed the appeals and approved the amendments in principle, subject to conditions including the provision of a 2.0-metre road widening dedication to the City to enhance the public realm.

The Ontario Land Tribunal issued a Procedural Order to govern the upcoming hearing regarding an appeal by the applicant against the municipal authority's refusal or neglect to make a decision on a Zoning By-law Amendment application.

The application seeks to permit the development of an 8-storey apartment building, condominium and townhouse units, and one semi-detached dwelling.

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

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Renimmob Properties Limited against the City of Burlington's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 25-storey mixed-use development.

The Tribunal granted party status to the Regional Municipality of Halton on consent.

A 14-day hearing was scheduled for April and May 2023, and the parties were directed to submit a finalized Procedural Order and Issues List.

The applicant appealed the County of Brant's failure to make a decision on a rezoning and plan of subdivision application for a 390-unit residential development.

At the first Case Management Conference, the Tribunal heard requests for party and participant status from numerous individuals.

The Tribunal reserved its decision on all status requests to allow for further discussions between the parties and consultation with interested individuals, scheduling a second Case Management Conference for December 2022.

Motions were brought by CastandGrey 5 Corp., CastandGrey 7 Corp., and Hamilton Country Properties Ltd. for party status in the appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

The City of Hamilton also brought a motion to dismiss the appeals of the Twenty Road West Landowners without a hearing.

The Tribunal granted party status to the moving landowners, finding they had a direct interest in the urban boundary expansion and that their participation would serve the public interest without causing prejudice, provided they sheltered under existing issues.

The Tribunal also granted the City's motion to dismiss the Twenty Road West Landowners' appeals, finding that the landowners had previously agreed to withdraw their appeals in a binding Minutes of Settlement, and their continued pursuit of the appeals was not in good faith.

The Ontario Land Tribunal held a settlement hearing regarding appeals of the City of Welland's approval of Official Plan Amendment 16, Zoning By-law Amendment No. 2020-61, and conditions of a Draft Plan of Subdivision.

The parties reached a settlement modifying the SWM Pond and Open Space blocks, neighbourhood commercial zoning provisions, and infrastructure timing conditions.

Based on uncontested expert planning evidence, the Tribunal found the modified instruments and conditions consistent with the Provincial Policy Statement and in conformity with applicable plans, and approved the settlement.