Stephanie Fleming

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a comprehensive zoning by-law and a refused consent application for five new residential lots in the Township of Tiny.

The Tribunal granted participant status to several neighbouring property owners but denied it to two individuals whose concerns related to a water pump test not conducted on the subject property.

A 10-day merit hearing was scheduled for November 2026, and the parties were directed to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Town of Caledon's adoption of Official Plan Amendment No. 285 and Official Plan Amendment No. 2, which establish the Wildfield Village Secondary Plan.

The parties reported ongoing discussions to narrow the issues but had not yet finalized a Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference for June 16, 2026, and directed the parties to submit a draft Procedural Order in advance.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal against the Town of Milton's passing of a Zoning By-law to permit a transportation terminal.

The parties disagreed on whether certain issues, specifically those involving a temporary use by-law, were properly before the Tribunal.

The Tribunal scheduled a Motion for Determination to resolve the dispute over the Issues List.

The applicant appealed the City of Hamilton's failure to make a decision on a Zoning By-law Amendment application to permit a residential development.

The parties reached a settlement for a revised proposal consisting of two residential buildings providing 519 rental apartment units.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement, in conformity with the City's Urban Official Plan, and representative of good planning.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Slessor Square LP1 against the Town of Milton's failure to approve an Official Plan Amendment and Zoning By-law Amendment for a high-density mixed-use development.

The Tribunal granted participant status to 29 individuals, subject to them providing written confirmation of their proximity to the proposed development.

The Tribunal also directed the parties to finalize a Procedural Order and Issues List and scheduled a 19-day merit hearing for April 2027.

The applicants appealed the Township's refusal of a zoning by-law amendment to permit the demolition of an existing legal non-conforming dwelling and the construction of a new, slightly larger dwelling.

The Tribunal found that the proposed development, which included a modest footprint increase and improved accessibility, was consistent with the Provincial Planning Statement and conformed to the applicable Official Plans.

Relying on expert engineering evidence, the Tribunal also determined that the municipality had relied on erroneous floodplain calculations, and that the new dwelling would be safely located above the critical flood level.

The appeal was allowed and the zoning by-law was amended.

The applicant appealed the Township's refusal of a consent application and its failure to make a decision on a related zoning by-law amendment.

The proposal sought to create a new rural residential lot and a retained lot with no direct road frontage, relying instead on an existing registered driveway easement.

The Tribunal allowed the appeals, accepting uncontroverted expert planning evidence that the proposal conforms to the intent of the Official Plans, is consistent with the Provincial Policy Statement, and represents good planning because the existing access arrangement will continue with no new functional impacts.

The applicant Town sought judicial review of an Ontario Land Tribunal decision finding that a proposed cemetery was in the public interest under the Funeral, Burial and Cremation Services Act, 2002.

The Tribunal had bifurcated the hearing, leaving the related site plan appeal under the Planning Act to be determined separately.

The Divisional Court dismissed the application for judicial review as premature, holding that the Tribunal's process was not complete and that courts should not interfere in ongoing administrative proceedings absent exceptional circumstances.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the Town of Caledon's adoption of Official Plan Amendment No. 285 and Official Plan Amendment No. 2, which establish the Wildfield Village Secondary Plan.

The Tribunal granted party status to Global Properties Inc. and related entities, and participant status to the Peel District School Board.

A further Case Management Conference was scheduled to allow the parties to finalize a draft Procedural Order and Issues List.

The appellant appealed the enactment of a Development Charges By-law by the Township of Severn.

At the first Case Management Conference, the parties provided an update, submitted a draft Procedural Order, and requested dates for a five-day merit hearing.

The Tribunal approved the Procedural Order and scheduled the hearing.

At a Case Management Conference, the Tribunal considered appeals regarding a proposed 21-storey residential tower in the City of Vaughan.

The Tribunal granted the appellant's request to hear an appeal against the City's Comprehensive Zoning By-law together with the current appeals.

A 15-day hearing was scheduled for July 2026, and a Procedural Order was approved.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the Town of Caledon's decision to adopt Official Plan Amendment No. 285.

The Tribunal granted party status to Global Properties Inc. and related entities, and participant status to the Peel District School Board.

A second Case Management Conference was scheduled for March 6, 2026.

The moving party, The Corporation of the City of Peterborough, brought a motion for leave to appeal a prior decision.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $10,000 to the responding party.

This was the second Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 777 (Sheppard East Secondary Plan).

The Tribunal granted added party status to Lencroft Holdings Inc., allowing it to shelter under an existing appeal.

The Tribunal also granted requests to adjourn two specific appeals while those appellants pursue site-specific applications.

Procedural dates were established for the exchange of materials ahead of Tribunal-led mediation and a third Case Management Conference.

The applicant appealed the Township of Seguin's refusal of a Zoning By-law Amendment to permit the redevelopment of a cottage and boathouse with increased lot coverage, gross floor area, and dock size.

Prior to the hearing, the parties reached a settlement that reduced the proposed maximums.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Township's Official Plan.

The appeal was allowed and the zoning by-law was amended in accordance with the settlement.

The Tribunal held a Case Management Conference regarding appeals against the City of Brantford's new Comprehensive Zoning By-law and Official Plan Amendment 11.

The Tribunal scheduled future hearing dates and approved a procedural order.

Additionally, the Tribunal heard and approved a settlement between BSC Landco Inc. and the City regarding the property at 555 Greenwich Street.

Based on uncontested planning evidence, the Tribunal allowed the appeal in part to rezone a portion of the property from 'Core Natural' to a 'Holding - General Employment' zone, finding it consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The Tribunal held a second Case Management Conference regarding an appeal of a zoning by-law amendment application for a proposed residential development in Oakville.

The applicant advised that a revised application, including an Official Plan Amendment, would be submitted to increase the proposed height from 26 to 42 storeys.

The Town noted it was awaiting provincial approval of OPA 70.

On consent, the Tribunal scheduled a third Case Management Conference for April 2026 to allow the parties time to advance the revised applications and continue discussions.

The parties convened a status hearing to resolve a dispute over the wording of an issue for the Procedural Order in a site plan appeal for a proposed cemetery.

The Town sought to include an issue regarding whether the scale and phasing of the development was consistent with demonstrated need under the Provincial Planning Statement.

The applicant argued that 'need' is not a requirement for site plan approval under section 41 of the Planning Act.

The Tribunal directed the inclusion of a precursor issue asking whether need is a requirement for site plan approval, finding that the Tribunal must be guided by statutory requirements rather than importing what it deems valid considerations.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a zoning by-law amendment, official plan amendment, and draft plan of subdivision for a proposed residential development in Woodstock.

The statutory parties advised that a settlement had been reached.

The Tribunal considered requests for Party and Participant status.

John Bell's request for Party status was denied as there were no remaining issues to shelter under given the settlement, and his participation as a Party would cause prejudice through increased hearing length and cost; he was granted Participant status instead.

The Tribunal granted Participant status to 85 other requestors, ordered the matters to be heard together, and scheduled a settlement hearing.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by Rowhedge Construction Ltd. against the Town of Oakville's refusal of Official Plan and Zoning By-law amendments.

The amendments seek to permit the development of 40 stacked townhouse units.

The Tribunal scheduled a 9-day video hearing to commence on June 22, 2026, and established the procedural dates and issues list.