Shelley Kaufman

A Case Management Conference was held regarding appeals by the appellant against the township and county concerning an Official Plan Amendment and Zoning By-law regulating cannabis cultivation facilities.

The parties advised the Tribunal that a settlement concept is in place but requires municipal council endorsement.

The Tribunal ordered the parties to provide status updates and, if no settlement is reached, to submit a final draft Procedural Order and Issues List.

The City of Brampton adopted the Heritage Heights Secondary Plan, which was subsequently appealed by multiple landowners and developers.

Following extensive mediation, the parties reached a settlement resulting in a Revised Heritage Heights Secondary Plan that accommodates provincial transportation and transmission corridors while increasing projected population and jobs.

Based on uncontroverted expert planning evidence, the Tribunal found the revised plan consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part, approving the modified plan save for two deferred areas that remain subject to ongoing discussions.

The applicant appealed the failure of the County of Brant to make decisions regarding applications to rezone and approve a plan of subdivision for a 390-unit residential development.

At the third Case Management Conference, the parties indicated ongoing settlement discussions and requested the scheduling of a five-day merit hearing and a fourth Case Management Conference.

The Tribunal scheduled the merit hearing for February 2025 and the next Case Management Conference for November 2024, and directed the parties to file a draft Procedural Order and Issues List.

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.

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 an appeal by Enniskillen Pepper Co. Ltd. against a zoning by-law affecting cannabis cultivation in the Township of Enniskillen.

The Tribunal granted party status to a neighbouring property owner and participant status to several individuals, while denying participant status to a proposed expert witness.

A second Case Management Conference was scheduled to address the potential consolidation of this appeal with another related file.

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.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, 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 following a settlement between the parties.

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

The Ontario Land Tribunal issued a procedural order to govern the proceedings for appeals concerning a proposed official plan amendment and zoning by-law amendment in the City of Cambridge.

The amendments seek to permit a mixed-use residential and commercial development, including a 10-storey building.

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

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment for properties in the City of Cambridge.

The Tribunal directed the parties to finalize the Procedural Order and Issues List, and scheduled a 25-day video hearing to commence in March 2024.

The appellant appealed the Town of Milton's adoption of an Official Plan Amendment and a Zoning By-law Amendment that permitted a mixed-use development.

The parties reached a settlement and presented revised instruments to the Tribunal.

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

The Tribunal allowed the zoning appeal in part to implement the settlement and confirmed the withdrawal of the official plan appeal, bringing it into effect.

At a second Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment for a proposed mixed-use development, the Tribunal noted that the parties had not made significant progress in scoping the Issues List as previously ordered.

The Tribunal scheduled a third Case Management Conference to allow the parties additional time to refine the Issues List and ordered that a revised draft Procedural Order be provided in advance.

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

The parties agreed to collaborate on policy wording and continue drafting the Procedural Order and Issues List, with a focus on resolving issues related to the GTA West Corridor.

The Tribunal scheduled a third Case Management Conference for July 6, 2023, and directed the parties to submit a revised draft Procedural Order by June 22, 2023.

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 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 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.

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.