Stephanie Fleming

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The parties advised the Tribunal that they were working towards a settlement and that the applications had been amended to increase the number of units.

The Tribunal directed Eaglewood to re-circulate notice of its revised proposal and scheduled hearing dates for the presentation of the proposed settlements.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit a high-density residential development consisting of stacked townhouses and a mid-rise condominium building.

The parties reached a comprehensive settlement.

Based on uncontested expert land use planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement, in conformity with the Growth Plan and local official plans, and representative of good planning.

The appeals were allowed and the amendments and site plan were approved.

The Ontario Land Tribunal held a fifth Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The applications seek to permit a 630-unit residential development.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties to govern the upcoming 12-day merit hearing.

This was the second Case Management Conference regarding appeals of Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan for the Town of Milton.

The parties advised the Tribunal of productive settlement discussions and requested a written hearing to consider a motion for partial approval of the Secondary Plan.

The Tribunal scheduled the written hearing for January 19, 2024, and a third Case Management Conference for February 26, 2024, to address further scheduling and procedural matters.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

The appellant appealed the Town of Gravenhurst's passage of a site-specific zoning by-law amendment that permitted the redevelopment of an abutting boathouse.

The amendment allowed for an increased lot coverage and a reduced front yard setback to facilitate the construction of an at-grade deck.

The appellant argued the amendment would facilitate an illegal roof-top patio use and lacked necessary municipal servicing.

The Tribunal dismissed the appeal, finding that the at-grade deck did not constitute a new use requiring municipal services, and that the amendment was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Town of Huntsville's decision on a Community Planning Permit application.

The applicant sought to construct a boat launch and recognize existing structures.

The Tribunal ruled that the appeal could not be split and must proceed as a trial de novo for the entire application.

The Tribunal also addressed status requests, denying party status but granting participant status to the Fox Lake Association and two individuals.

A two-day video hearing was scheduled and a Procedural Order was issued.

The Ontario Land Tribunal held a second 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 for a 447-unit residential development.

The parties agreed to continue with Tribunal-led mediation.

The Tribunal scheduled a third Case Management Conference for December 19, 2023, to finalize the Procedural Order and Issues List, and a nine-day hearing of the merits commencing on May 21, 2024.

The appellant appealed the conditions of draft plan of subdivision and condominium approvals for a residential development.

At the first Case Management Conference, the parties advised that they were engaging in settlement discussions and a Tribunal-facilitated mediation assessment to resolve remaining technical issues.

The Tribunal scheduled a second Case Management Conference to consider the status of the settlement discussions and potentially convert it to a settlement hearing.

Multiple appeals were filed against the municipality's new Comprehensive Zoning By-law and Transition By-law.

The parties reached settlements to resolve one city-wide appeal and three site-specific appeals.

Based on uncontested expert planning evidence, the Tribunal found that the proposed amendments to the by-laws have regard for matters of provincial interest, are consistent with the Provincial Policy Statement, conform to the Growth Plan and applicable Official Plans, and represent good planning.

The Tribunal allowed the appeals in part and amended the zoning by-law accordingly.

The applicant appealed the Town of Lincoln's refusal of a Zoning By-law Amendment application to permit a 453-unit residential development consisting of 20 and 23-storey towers.

The parties reached a settlement prior to the hearing.

Based on the uncontested expert planning evidence, the Tribunal found that the proposed development represented good land use planning, was consistent with the Provincial Policy Statement, and conformed to the applicable Growth Plan and Official Plans.

The Tribunal allowed the appeal and amended the Zoning By-law in accordance with the settlement.

The appellants appealed the Committee of Adjustment's denial of a minor variance to permit a hemp processing facility on a property zoned Specialty Crop.

The Tribunal allowed the appeal, finding that the proposed agriculture-related use is consistent with provincial and regional policies and meets the four tests under the Planning Act.

The Tribunal preferred the evidence of the appellants' planner and the Town's Director of Planning, who was summoned by the appellants, over the Town's retained expert.

The Tribunal concluded that site plan control would adequately address any operational concerns.

The Tribunal held a first 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 for a 447-unit residential development.

The Tribunal granted party status to City Housing Hamilton Corporation on consent.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List, and the parties indicated they were exploring Tribunal-led mediation.

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.

The Tribunal convened a Case Management Conference for an appeal of a Committee of Adjustment decision denying a minor variance to permit a hemp processing facility.

The Tribunal granted participant status to several individuals on consent of the parties.

A three-day merit hearing was scheduled, and procedural directions were issued for the exchange of witness lists, statements, and a joint document book.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 630-unit residential development.

At the third Case Management Conference, the parties advised that a new understanding of a set-back line necessitated a revised development plan.

The Tribunal scheduled a fourth Case Management Conference to allow the parties to consider the new plan and engage in Tribunal-led mediation.

The Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on a site plan application for two industrial buildings.

The Region of Halton sought and was granted party status on consent, as the subject property accesses a regional road and is subject to the regional official plan.

The Tribunal approved the parties' draft Procedural Order and Issues List, and scheduled a two-day video hearing on the merits.

The Township of Selwyn brought a motion to dismiss an appeal of a zoning by-law amendment without a hearing.

The appellant, a numbered company, appealed the by-law because it restricted its ability to package cannabis grown on its farm, classifying the activity as processing rather than an agricultural use.

The Tribunal reviewed expert planning evidence from both parties and found that the appeal raised substantive land use planning issues regarding the definition and categorization of cannabis farming crops.

Concluding that the appeal was not frivolous, vexatious, or without a reasonable prospect of success, the Tribunal dismissed the Township's motion and ordered a second Case Management Conference to schedule a hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to render a decision on Official Plan and Zoning By-law Amendment applications for a 12-storey residential development.

The Tribunal granted participant status to a local resident, directed the parties to submit a draft Procedural Order and Issues List, and scheduled a second Case Management Conference and an eight-day hearing on the merits.