Stephanie Fleming

This was the first Case Management Conference regarding multiple appeals against the City of Brantford's new Comprehensive Zoning By-law No. 124-2024 and Official Plan Amendment 11.

The Tribunal granted party status to several entities on consent.

The parties agreed to schedule a Motion Hearing to further scope the issues, which may lead to the resolution or withdrawal of some appeals.

The Tribunal scheduled the Motion Hearing for March 4, 2025, and a second Case Management Conference for April 30, 2025.

The appellant appealed two City-initiated Official Plan Amendments (OPA 218 and OPA 41) and a Zoning By-law Amendment to the Ontario Land Tribunal.

At the first Case Management Conference, the appellant formally withdrew the appeals relating to the Official Plan Amendments.

The Tribunal accepted the withdrawals, closed those files, and scheduled a further Case Management Conference for the remaining Zoning By-law Amendment appeal.

The appellant appealed the Town of Oakville's refusal of a Draft Plan of Subdivision and Zoning By-law Amendment to permit the development of 11 freehold townhouse dwelling units.

At a settlement hearing, the Tribunal accepted uncontested expert planning evidence that the revised proposal represents good land use planning, is consistent with the Provincial Planning Statement, and conforms to the regional and local official plans.

The appeals were allowed in part to approve the Draft Plan of Subdivision and Zoning By-law Amendment.

The Ontario Land Tribunal issued a procedural order to govern the upcoming five-day hearing regarding appeals by the applicant against the municipality's refusal or neglect to make a decision on applications for a zoning by-law amendment and a proposed plan of subdivision.

The order sets out the procedural dates, issues list, and order of evidence for the hearing.

The appellant appealed the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed medium-density residential development, including an eight-storey apartment building and stacked townhouses.

The City opposed the development, arguing it was incompatible with the neighbourhood character and would cause adverse shadow impacts on an adjacent school yard.

The Tribunal allowed the appeals, finding that the development integrates well with the surrounding area, meets the City's Sun Shadow Guidelines, is consistent with the Provincial Planning Statement, 2024, and represents good land use planning.

The Ontario Land Tribunal held a first case management conference regarding appeals by SNAM Investment Group Inc. against the Town of Grimsby's failure to adopt requested official plan and zoning by-law amendments.

The applications seek to facilitate a 548-unit high-rise residential development.

The Tribunal approved the draft procedural order and issues list submitted by the parties and scheduled a 10-day video hearing on the merits for April 2025.

The applicant appealed the City of Welland's failure to adopt a requested Official Plan Amendment and make a decision on a Zoning By-law Amendment to permit a 122-unit residential development on a brownfield site.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments represent good planning, are consistent with the Provincial Planning Statement, and conform to the applicable official plans.

The Tribunal allowed the appeals in part to approve the amendments in accordance with the settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the Township of Severn and the County of Simcoe for failing to make decisions on a zoning by-law amendment and a draft plan of subdivision.

The proposed development consists of 534 residential units.

The Tribunal granted participant status to thirteen individuals, approved the final Procedural Order and Issues List, and scheduled a 15-day merit hearing to commence in July 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Spruce Rose Inc. against the Town of Oakville's refusal of a Zoning By-law Amendment and Draft Plan of Subdivision.

The Tribunal granted participant status to two individuals on consent, noted the parties' intent to pursue mediation, and approved the Procedural Order and Issues List to govern the five-day merit hearing scheduled for March 2025.

The applicant appealed the Town of Huntsville's decision regarding a Community Planning Permit application to recognize existing non-complying structures and to permit the construction of a boat launch and access path.

The Town had provisionally approved the existing structures subject to conditions requiring the removal of a deck and obtaining building permits, but denied the boat launch proposal due to concerns about environmental impacts on a wetland and fish habitat.

The Ontario Land Tribunal allowed the appeal in part, granting final approval to recognize the existing structures without the Town's conditions, finding them unnecessary and inappropriate.

The Tribunal also granted provisional approval for the boat launch, subject to conditions including the completion of an Environmental Impact Study and obtaining necessary approvals from Fisheries and Oceans Canada and the Ministry of Natural Resources and Forestry.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by MacDonald Rose Inc. against the Town of Oakville's refusal of Zoning By-law Amendment and Draft Plan of Subdivision applications for a proposed 11-unit townhouse development.

The Tribunal granted participant status to a local resident, approved the final Procedural Order and Issues List, and scheduled a three-day merit hearing to commence by video on January 13, 2025.

The applicant appealed the Committee of Adjustment's denial of minor variances to permit reduced landscaping widths for outside storage at an industrial property.

The parties reached a settlement and presented uncontroverted expert planning evidence supporting the variances.

The Tribunal found the variances satisfied the four tests under section 45(1) of the Planning Act, were consistent with provincial policies, and represented good planning.

The appeal was allowed and the variances were authorized subject to conditions.

The applicant brought a motion for costs against the appellant after the appellant withdrew his appeal of a zoning by-law amendment.

The applicant sought costs on a substantial indemnity basis, alleging the appellant lacked promptness in communications.

The Tribunal dismissed the motion, finding the appellant's conduct was reasonable, well-intentioned, and fell well short of the threshold for a costs award under Rule 23.9.

The Tribunal noted that costs should not be used as a threat to deter public participation in planning processes.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by DGB Trafalgar Limited objecting to the Town of Oakville's heritage designation By-law 2023-154 for the Bentley Family Farmhouse.

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

The hearing is scheduled to commence by video on September 10, 2024.

At a second Case Management Conference, the Tribunal administratively consolidated appeals concerning site-specific exemptions to the Town of Whitby's Official Plan Amendment No. 126.

On consent of the parties, the Tribunal scheduled a nine-day hearing for the consolidated appeals and issued an order bringing the unappealed portions of OPA 126 into full force and effect pursuant to section 17(39) of the Planning Act.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Tribunal held a first Case Management Conference regarding appeals of the Regional Municipality of Halton's approval of Official Plan Amendment 50.

The Town of Halton Hills was granted Party status, and the Regional Municipality of Peel was granted Participant status on consent.

The parties indicated an intention to engage in Tribunal-assisted mediation and requested a second Case Management Conference to provide a draft Procedural Order and Issues List, which the Tribunal scheduled for October 2024.

The Ontario Land Tribunal held a second Case Management Conference concerning an appeal by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a seasonal residential development consisting of 173 cottages.

The Tribunal approved the draft Procedural Order and Issues List, and confirmed a 13-day hearing commencing in November 2024.

The Ontario Land Tribunal held a case management conference regarding appeals by Markham Suites Hotel Limited against the City of Markham's failure to adopt requested Official Plan and Zoning By-law amendments for a high-density residential mixed-use development.

On consent of the parties, the Tribunal issued a Procedural Order setting the hearing dates, procedural deadlines, and the Issues List for the upcoming 10-day hearing.

The Ontario Land Tribunal held a case management conference regarding appeals by the appellant against the municipality's approval of an official plan amendment and zoning by-law amendment for a property owned by the applicant.

The Tribunal granted party status to the property owner, directed the appellant to provide a revised issues list, and scheduled a motion for the property owner to seek dismissal of the appeals without a hearing.

The Tribunal also approved a procedural order and scheduled a ten-day hearing on the merits for January 2025.