Steven O'Melia

The appellant appealed the Township's passing of a zoning by-law that permitted a maximum of eight townhouse units, seeking to permit twelve stacked townhouse units.

Prior to the hearing, the parties reached a settlement to amend the zoning by-law to permit a maximum of ten stacked townhouse units.

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

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a decision issued on July 22, 2024.

The amendment clarified the upcoming hearing event information regarding a Case Management Conference and a Merit Hearing scheduled for November 2024.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided status updates on Phase 3, 4, and 7 appeals, as well as various topic-specific and site-specific appeals, noting several withdrawals and ongoing settlement discussions.

The Tribunal ordered a further Case Management Conference for November 2024 and scheduled a three-day merit hearing for a specific site appeal.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated May 21, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal added the word 'maximum' to a section of the attachment regarding lot coverage.

In all other respects, the original decision remains unchanged.

The Ontario Greenhouse Vegetable Growers appealed the approval of an Official Plan Amendment and Zoning By-law Amendment by the County of Essex and the Municipality of Leamington regarding boarding houses and farm worker housing.

The parties reached a settlement that modified the amendments to remove pedestrian connection requirements, adjust occupancy thresholds for boarding houses, and clarify zoning for off-site farm worker dwellings.

The Tribunal accepted uncontested expert planning evidence that the modified amendments are consistent with the Provincial Policy Statement, conform to the applicable Official Plans, and represent good planning by supporting the agricultural sector and ensuring safe housing for farm workers.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal from the refusal of consent and minor variance applications by the Township of Woolwich Committee of Adjustment.

The Tribunal granted Party status to the Regional Municipality of Waterloo on consent.

The Tribunal also approved the draft Procedural Order and Issues List submitted by the parties and scheduled a five-day video hearing.

The Ontario Land Tribunal issued a procedural order on consent following a case management conference regarding appeals by Alan and Tamara Hutchinson.

The appellants seek an Official Plan Amendment, Zoning By-law Amendment, and Consent to permit the creation of two new lots for a wellness retreat centre in the Municipality of Shuniah.

The order sets out the procedural steps, issues list, and order of evidence for a five-day video hearing scheduled to commence on July 8, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Bradley & Company Inc. against the Township of Wellesley's decision on a Zoning By-Law Amendment application.

The amendment seeks to permit a 12-unit stacked townhouse development.

The Tribunal clarified that the appeal falls under s. 34(19) of the Planning Act, approved the draft Procedural Order, and scheduled a three-day merit hearing to commence on October 2, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The parties submitted a draft Procedural Order and scoped Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a five-day hearing of the merits to commence on August 26, 2024.

The appellant appealed the municipality's approval of a zoning by-law amendment that permitted cluster housing dwellings and recognized existing setbacks on the subject property.

The parties reached a settlement to add site-specific criteria to the by-law to address the appellant's concerns.

Based on uncontested planning evidence, the Tribunal found the revised amendment consistent with provincial policy and local official plans.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Alan and Tamara Hutchinson against the Municipality of Shuniah's refusal of applications for an Official Plan Amendment, Zoning By-Law Amendment, and consents to permit a wellness retreat centre.

The Tribunal granted party status to 19 neighbouring property owners on consent.

A five-day merit hearing was scheduled to commence on July 8, 2024, by video hearing.

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

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

This was the fourth Case Management Conference regarding appeals of the City of Guelph's Official Plan Amendment No. 79 (Clair-Maltby Secondary Plan).

The parties reported substantial progress in settlement discussions and requested a partial Settlement Hearing.

The Tribunal approved a revised Procedural Order and Issues List, and scheduled a partial Settlement Hearing for January 25, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Stop Petersburg Sand Pit Inc. against the Township of Wilmot's approval of a Zoning By-law Amendment to permit a gravel pit operation.

The Tribunal granted Party status to the Regional Municipality of Waterloo.

The Parties advised that a related Aggregate Resources Act licence application is nearing completion and will likely be referred to the Tribunal.

The Tribunal ordered that a second Case Management Conference be scheduled once the referral is confirmed, and directed the Applicant to provide monthly status updates.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its previous decision dated August 1, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the appearances list without prior notice to the parties.

In all other respects, the original decision remains unchanged.

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

The Tribunal received status updates on various phases and topic-specific appeals, including parking, cemeteries, multi-tenant housing, places of worship, propane storage, and school boards.

Several appeals were noted as withdrawn or resolved.

The Tribunal scheduled dates for the submission of motion materials and written hearings to resolve Phases 3 and 4, as well as Appeal No. 62.

A further Case Management Conference was scheduled for November 6, 2023.

The appellant appealed the Municipality of Leamington's Zoning By-law No. 17-21 and Official Plan Amendment No. 8, which relate to minimum standards for boarding houses and farm worker dwellings.

At a case management conference, the Tribunal granted a consent order to consolidate the two appeals due to commonality and overlapping issues.

The Tribunal also set dates for a 15-day merit hearing and directed the parties to file a final procedural order and issues list.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the Ontario Greenhouse Vegetable Growers against the Municipality of Leamington's Zoning By-law No. 17-21 and Official Plan Amendment No. 8, which relate to minimum standards for boarding houses and farm worker dwellings.

The Tribunal ordered the consolidation of the two appeals on consent of the parties.

A 15-day merit hearing was scheduled to commence on April 15, 2024, by video.

The Appellants sought approvals for a Zoning By-law Amendment and Draft Plans of Subdivision to facilitate a large residential development.

The central issue was whether a 14-unit portion of the development (Block 1 Stage 5), which required a private roadway through a Natural Heritage Feature and Area (NHFA), should be permitted.

The Tribunal denied the development of Block 1 Stage 5, finding that the roadway would negatively impact the NHFA's ecological functions and wildlife linkages, rendering it inconsistent with the Provincial Policy Statement.

The Tribunal also reviewed various conditions of Draft Plans approval, striking down conditions that unlawfully required the developer to fund non-local services or convey lands for purely environmental purposes without compensation.

The balance of the development was approved in principle, subject to resolving parkland dedication requirements.

The applicant appealed a condition of approval for a draft plan of subdivision imposed by the municipality.

The parties reached a settlement involving revisions to the proposed conditions and a minor change to the draft plan.

Based on uncontested expert planning evidence, the Tribunal found that the revised draft plan and conditions represented good planning, were consistent with provincial policies, and conformed to the applicable official plans.

The appeal was allowed in part to approve the revised draft plan subject to the agreed-upon conditions.