Steven J. O’Melia

The Ontario Land Tribunal held a Case Management Conference regarding numerous appeals of the new Official Plan for the Town of Collingwood.

The Tribunal directed the parties to prepare a draft Procedural Order and Issues List, and scheduled a further Case Management Conference to address procedural matters and a motion by the Town to bring unappealed portions of the Official Plan into force.

The appellant filed appeals regarding proposed residential developments.

A motion in writing was brought on consent to amend the A1 and M1 appeal forms to correct discrepancies in the statutory section references under the Planning Act.

The Tribunal allowed the motion, finding that correcting the forms to accurately reflect appeals under s. 17(24) and s. 51(39) of the Planning Act would offer the best opportunity for a fair, just, and expeditious resolution of the proceedings without causing prejudice to any party.

The appellant brought a motion for costs following a successful appeal.

However, the respondent subsequently filed a Request for Review, which was granted by the Chair, resulting in the original decision being rescinded and a re-hearing ordered.

The Tribunal found the motion for costs to be premature and directed that it be considered at the conclusion of the re-hearing by a different Member.

The Appellant appealed the Township's passage of an Interim Control By-law (ICBL) that prohibits human habitation uses on properties zoned institutional.

At the first Case Management Conference, the Tribunal directed the parties to submit a draft Procedural Order and scheduled a five-day video hearing for July 2026.

The Tribunal convened a Case Management Conference for four distinct appeals relating to proposed expansions of the Fergus Urban Centre boundary in the Township of Centre Wellington.

The parties agreed to a phased hearing approach, with Phase 1 addressing overarching population forecasts and land needs assessments, and Phase 2 addressing site-specific issues.

The Tribunal ordered the appeals to be heard together for Phase 1 and granted party status to several requesting entities, including the appellants in each other's appeals, adjacent landowners, and the local school board.

A 14-day hearing was scheduled for Phase 1.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Fergus South Inc. against the Township of Centre Wellington's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications.

The applications propose a mixed-density residential development of up to 323 units.

The Tribunal granted party status to the Upper Grand District School Board, as an elementary school would be required if the applications are approved.

The parties expressed interest in mediation, and the Tribunal scheduled a second Case Management Conference for August 5, 2026, directing the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against applications for a 667-unit residential development in the Township of Wilmot.

The Tribunal granted non-appellant party status to Stremma Developments, directed a motion in writing to correct a discrepancy in the appeal forms, and scheduled a 15-day hearing.

The Tribunal held a Case Management Conference to finalize the Procedural Order for appeals against the County of Simcoe's approval of the Town of Collingwood's new Official Plan.

Lorablue Developments Inc. requested an adjournment of its appeal, arguing it was site-specific and required ecological studies.

The Tribunal denied the adjournment, finding the appeal included broad policy issues that should be addressed at the scheduled hearing, though the parties could later agree to defer the issues if narrowed.

The Tribunal approved the Procedural Order and set the hearing dates.

The appellant appealed the Town's decision to dismiss his complaint regarding development charges (DCs) levied upon his application for a building permit.

The appellant argued he was double-charged for water services, having previously paid a Local Improvement Charge (LIC) for a watermain.

The Tribunal dismissed the appeal, finding that the LIC and DCs were separate and distinct charges authorized under different legislation; the LIC funded localized infrastructure, while the DCs funded Town-wide water services and supply.

The Ontario Land Tribunal held a Case Management Conference to obtain status updates on the remaining appeals of the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on various issue-specific and site-specific appeals, noting ongoing settlement discussions.

The Tribunal directed all appellants to provide written updates to the City regarding their intentions to continue settlement discussions or provide an issues list, and scheduled a further Case Management Conference for June 2026.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Saugeen Valley Conservation Authority's refusal of permission for an existing single detached dwelling.

After the Conservation Authority failed to respond to multiple communications regarding the draft Procedural Order, the Tribunal issued the Procedural Order as filed by the appellant, setting a three-day hearing to commence on April 27, 2026.

The appellant appealed the Saugeen Valley Conservation Authority's refusal to approve an Application to Alter a Regulated Area for an existing single detached dwelling.

At the first Case Management Conference, the parties had not fully discussed mediation or prepared a draft Procedural Order.

The Tribunal declined to set hearing dates due to uncertainty regarding the number of required hearing days and directed the parties to file a draft Procedural Order and advise on the required hearing days.

A Case Management Conference was held regarding multiple appeals of the Town of Collingwood's new Official Plan.

The Town proposed a revised hearing plan extending into 2027, which the Tribunal rejected due to its mandate for timely proceedings.

Instead, the Tribunal added ten hearing days in May 2026 and directed parties to advise if more time is needed for site-specific appeals.

Additionally, the Tribunal granted an unopposed request by one appellant to adjourn its appeals sine die to allow for seasonal fieldwork and testing.

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the Town of Collingwood's new Official Plan.

The Tribunal directed the parties to submit a finalized Procedural Order and Issues List, and scheduled a written settlement hearing and a telephone conference call to address a revised phased hearing plan and proposed settlements.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated June 23, 2025.

The amendment revised paragraph 6 to update the deadlines for certain appellants to submit revisions to their issues lists on consent.

In all other respects, the original decision remains unchanged.

The appellant appealed the Township's Committee of Adjustment decision denying consent and minor variance applications to permit the severance of a property into four lots for 16 residential units (four fourplexes).

The Township opposed the development, arguing it represented overdevelopment and required a 3-metre road widening conveyance.

The Tribunal preferred the appellant's expert evidence, finding the road widening request unreasonable and concluding the proposed infill development was transit-supportive, met the four tests for minor variances, and satisfied the consent criteria under the Planning Act.

The appeals were allowed, variances authorized, and provisional consent granted.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Town of Collingwood's new Official Plan.

The Tribunal granted non-appellant Party Status to three entities on consent, noting they must shelter under the appellants' issues.

The Tribunal also scheduled a third Case Management Conference and a 25-day merit hearing, and directed the parties to continue scoping issues and exploring settlement.

A status Case Management Conference was held regarding the remaining appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on settlement discussions concerning various issue-specific and site-specific appeals, including those related to propane storage, school boards, parking, cemeteries, and places of worship.

The Tribunal scheduled a further one-day CMC for December 3, 2025, and directed the City to provide a written status update and an updated tracking chart of remaining appeals by November 26, 2025.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals by Huntingwood Trails (Collingwood) Ltd. against the Town of Collingwood's refusal of applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision to permit a 69-unit residential development.

Following Tribunal-led mediation, the parties submitted a revised draft Procedural Order and Issues List.

The Tribunal approved the updated Procedural Order and scheduled a 30-day merits hearing to commence in January 2026.

The appellant appealed the Municipality of Chatham-Kent's Development Charges By-law No. 30-2024.

At the second Case Management Conference, the parties requested a third CMC to continue settlement discussions and obtain an expert's report.

The Tribunal granted the request, scheduled a third CMC, and directed the parties to submit a draft Procedural Order and Issues List or request a settlement hearing prior to the next date.