Stephanie Fleming

The appellant appealed the Committee of Adjustment's refusal of a minor variance to permit a marihuana production facility at 47 Crockford Boulevard.

The variance sought to reduce the required separation distance from an Open Space Zone from 70m to 0m.

The Toronto Local Appeal Body allowed the appeal, finding that the facility resembled a Class I industrial use requiring only a 20m separation under provincial guidelines, and that the actual separation distance exceeded 20m.

The Tribunal concluded the variance met the four tests under s. 45(1) of the Planning Act.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application intended to facilitate a residential subdivision.

Prior to the hearing, the parties reached a settlement that included protections for a great blue heron habitat.

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

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

The applicant appealed the County of Haldimand's failure to make a decision on an Official Plan Amendment and Zoning By-Law Amendment to permit a seasonal residential development.

At the first Case Management Conference, the Tribunal granted participant status to two individuals, noted the parties' openness to mediation, and scheduled a second Case Management Conference and a 13-day hearing.

The Tribunal held a first Case Management Conference regarding appeals of the Town of Whitby's Official Plan Amendment No. 126.

The appellants, owners of properties on Brock Street North, appealed the OPA to protect their respective mixed-use redevelopment proposals.

Bara Group (Whitby) Inc. requested and was granted party status.

The Tribunal scheduled a second Case Management Conference for June 28, 2024, to allow the parties further time for dialogue and to present options to Town Council.

The Tribunal held a Case Management Conference regarding an appeal of a Zoning By-law Amendment that establishes site-specific zoning for an existing Tourist Commercial Zone to permit three-season trailers.

The Tribunal granted participant status to two area residents, scoped the issues down to a single issue regarding the adequacy of setbacks for three-season trailers along the appellant's property line, and issued a Procedural Order setting a one-day hearing.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the Town's refusal to permit the establishment of a cemetery and its failure to make a decision on a site plan application.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming five-day hearing on the merits.

The applicant appealed the Town of Oakville's failure to make a decision on a zoning by-law amendment application to facilitate a 10-unit townhouse development.

At the second Case Management Conference, the Tribunal scheduled a six-day merit hearing and a third Case Management Conference.

The Tribunal also noted the parties' intent to consolidate an anticipated site plan appeal with the current proceedings.

The Tribunal convened a first Case Management Conference for appeals by Markham Suites Hotel Limited against the City of Markham for failing to make decisions on Official Plan and Zoning By-law Amendment applications within statutory timeframes.

The proposed development consists of five high-rise residential towers and a public park.

The Tribunal granted party status to York Region Standard Condominium Corporation No. 1122 and participant status to Aryeh Construction Limited and the Unionville Residents Association.

A 10-day merit hearing was scheduled for December 2024.

The applicants appealed the Town of Oakville's failure to make decisions on their respective applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision to permit residential developments.

Prior to the hearing, both applicants reached settlements with the Town.

The Tribunal held a settlement hearing and, based on uncontested expert planning evidence, found that the proposed developments have regard for matters of provincial interest, are consistent with the Provincial Policy Statement, and conform to the applicable growth and official plans.

The Tribunal allowed the appeals in part and approved the planning instruments to implement the settlements.

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 City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The applicant brought a motion for costs against the appellant following the dismissal of the appellant's appeal of a zoning by-law amendment.

The applicant argued that the appellant's motion to adjourn the merit hearing and the evidence presented at the hearing were unreasonable and frivolous.

The Tribunal found that the motion to adjourn was justified due to an incomplete municipal record, and that the appeal was based on valid land use planning grounds.

The Tribunal concluded that the appellant's conduct was neither vexatious nor in bad faith, and dismissed the motion for costs.

The appellant appealed the city's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a residential development consisting of townhouses and an apartment building.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the city's Official Plan.

The Tribunal allowed the appeals in part to approve the settlement.

The applicant appealed the Town's refusal to establish a cemetery and its failure to approve a site plan for the subject property.

At the first Case Management Conference, the Tribunal granted participant status to seven individuals opposing the proposal due to concerns over agricultural land loss, groundwater contamination, and traffic.

The Tribunal scheduled a second CMC and a five-day hearing on the merits, directing the parties to submit a revised Procedural Order and Issues List.

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 applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendments, and Site Plan Approval to permit a residential building.

Following Tribunal-led mediation, the parties reached a settlement for a revised 14-storey building with 227 units, including an affordable housing component.

Based on uncontroverted planning evidence, the Tribunal found the revised proposal consistent with provincial policies and representative of good land use planning.

The appeals were allowed and the planning instruments were approved.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the Canadian National Railway Company against the City of Hamilton's approval of an Official Plan Amendment and Zoning By-law Amendment.

The amendments would permit a 447-unit residential development near a railway yard.

The Tribunal received an update on mediation efforts and approved the draft Procedural Order and Issues List to govern the upcoming nine-day merits hearing scheduled for May 2024.

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

The parties reported progress on resolving issues and requested the Tribunal ratify a draft Procedural Order and Issues List.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming 10-day video hearing.

The Ontario Land Tribunal conducted a case management conference to address multiple appeals of the City of Vaughan's Comprehensive Zoning By-law 001-2021 and Transitional By-law 039-2022.

The Tribunal heard and approved several settlement motions on consent, which corrected mapping errors and recognized site-specific exceptions for various properties.

Based on uncontested expert planning evidence, the Tribunal found the amendments consistent with provincial policies and good planning.

The Tribunal also issued an order under section 34(31) of the Planning Act deeming the un-appealed portions of the Comprehensive Zoning By-law to be in force.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by 2799568 Ontario Inc. against the Township of Selwyn's approval of Zoning By-law No. 2021-066 concerning cannabis land uses.

The Tribunal approved the finalized Issues List and Procedural Order, noted that mediation was not appropriate, and scheduled a five-day video hearing to commence on May 6, 2024.