Steven C. Ferri

The applicants appealed the City of Brampton's failure to make a decision on a zoning by-law amendment application to permit a 10-storey commercial building.

At the first Case Management Conference, the Ontario Land Tribunal granted party status to an abutting landowner and participant status to a local resident.

The Tribunal also scheduled a seven-day merit hearing for February 2026 and approved the Procedural Order and Issues List.

The Minister of Natural Resources and Forestry proposed to transfer an aggregate licence from the objector (the current licensee) to the applicant (the landowner) after the extraction agreement between them expired and the pit sat dormant for over 20 years.

The objector requested a hearing, arguing the transfer should be subject to a condition requiring the applicant to pay $750,000 in compensation for the economic value of the licence.

The Tribunal found that while an aggregate licence has an economic value tied to the remaining resource, the Tribunal does not have the jurisdiction under the Aggregate Resources Act or the Ontario Land Tribunal Act to attach a condition requiring financial compensation to a licence transfer.

The Tribunal held that resolving financial disputes between private parties is not necessary or incidental to its mandate of managing aggregate resources.

The Tribunal directed the Minister to carry out the transfer without conditions.

A Case Management Conference was held following a settlement of appeals regarding a proposed subdivision.

The parties disputed whether shared or individual driveway culverts should be used, leading the City to refuse to clear draft plan conditions.

The Tribunal tentatively scheduled a written motion to resolve the issue and directed the parties to file a draft Procedural Order.

When the parties failed to confirm their intention to proceed by the deadline, citing ongoing settlement discussions, the Tribunal released the reserved motion date.

The appellants appealed the Township of King's Urban and Rural Zoning By-laws.

The parties reached a settlement agreement.

The Tribunal approved site-specific modifications to the Urban ZBL for the Via-Ru Lands, changing the zoning from 'Future Use' to 'Residential Future'.

The Tribunal also scoped and adjourned the Bushland appeal and dismissed the Ontario appeal, as requested by the parties.

The applicant sought costs of $445,375.56 against the City following the settlement of a planning appeal.

The applicant argued the City unreasonably delayed delivering the appeal package contrary to the Planning Act and engaged in other unreasonable conduct during settlement negotiations.

The Tribunal found the City's 75-day delay in delivering the appeal package was clearly unreasonable and awarded $2,500 in costs.

However, the Tribunal dismissed the balance of the costs claim, finding the City's conduct during negotiations did not meet the high threshold for costs under Rule 23.9 and the applicant failed to particularize the costs associated with the alleged misconduct.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated July 4, 2024.

The amendment corrected the date of the Draft Plan referenced in the order approving the plan of subdivision.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to facilitate the redevelopment of a former golf course into a 44-lot residential subdivision.

Prior to the hearing, the parties reached a settlement with revised plans.

The Tribunal accepted uncontested expert planning evidence that the revised applications were consistent with provincial policies and represented good land use planning.

The appeals were allowed in part to implement the settlement.

The appellant brought a motion seeking the Tribunal's approval of a settlement agreement with the Township of King regarding site-specific modifications to the new Comprehensive Zoning By-law No. 2022-053.

The modifications change the zoning of the subject property from 'Future Use' to 'Hamlet Residential – Future' to provide clarity for future residential lot creation, consistent with the Official Plan.

Based on uncontroverted expert planning and ecological evidence, the Tribunal found the modifications represent good land use planning, are consistent with provincial policies, and are in the public interest.

The motion was granted and the zoning by-law was amended accordingly.

The Minister of Natural Resources and Forestry referred the proposed transfer of an aggregate licence to the Tribunal after the current licensee objected.

On a motion to qualify expert witnesses, the Tribunal considered objections to two proposed experts based on alleged conflicts of interest.

The Tribunal qualified both experts, finding that the aggregate industry executive's general financial interest in the industry did not disqualify him, and that the Ministry employee's role was sufficiently detached to allow him to provide impartial evidence.

Two other proposed witnesses were conceded to be factual witnesses only.

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 appealed the Town of Caledon's failure to make a decision on a zoning by-law amendment application to permit an industrial warehouse and distribution building.

Prior to the hearing, the parties reached a settlement that included site-specific zoning provisions and a holding provision to secure the extension of a local road.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment was consistent with provincial policy and conformed to the applicable official plans.

The appeal was allowed in part to implement the settlement.

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 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 applicant appealed the Township of King's comprehensive zoning by-law regarding its failure to recognize an approved consent and incorporate appropriate modifications for a site-specific exception zone.

The parties reached a settlement proposing minor modifications to clarify farm help dwelling permissions and add zoning standards.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications consistent with the Provincial Policy Statement and in conformity with applicable provincial and municipal plans.

The motion was granted and the zoning by-law was amended accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by NJS Developments Inc. against the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a 348-unit residential apartment building.

The Tribunal granted party status to the Region of York and G Group Major Mackenzie Inc., and scheduled a second Case Management Conference and a 15-day hearing on the merits.