Steven O'Melia

The appellant appealed a zoning by-law amendment passed by the Town of Atikokan to permit a 20-unit transitional housing facility for Indigenous youth, categorized as a group home.

The appellant argued the facility was institutional in nature and incompatible with the residential neighbourhood.

The Tribunal dismissed the appeal, accepting the applicant's expert planning evidence that the amendment was consistent with the Provincial Policy Statement, conformed to the Official Plan, and represented good planning.

The Tribunal found the proposed residential use appropriate and noted that site plan concerns would be addressed through municipal processes.

The applicant sought approval of revised draft plan of subdivision and draft plan conditions, and the issuance of the Phase 2 Order for a residential development in the Town of Milton.

The Tribunal had previously withheld the Phase 2 Order pending the satisfaction of certain conditions, including the registration of private agreements and a restriction on pre-sales until servicing allocation was secured.

Based on uncontested affidavit evidence from a land use planner confirming that these conditions had been met and that all parties consented to the revisions, the Tribunal approved the revised draft plan and conditions, issued the Phase 2 Order, and extended the lapsing date by three years.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Collingwood's Zoning By-law No. 2022-007, which restricts development unless adequate municipal water and wastewater services are available.

The Tribunal granted party status to four entities and participant status to one entity.

A nine-day video hearing was scheduled, and the Tribunal approved the finalized Procedural Order and Issues List submitted by the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals of the City of Guelph's Official Plan Amendment No. 79, which introduced the Clair-Maltby Secondary Plan.

The Tribunal granted party status to Timberworx Custom Homes Inc. and provisional party status to Foundation for the Support of International Medical Training Inc. A second Case Management Conference was scheduled to finalize the Procedural Order and Issues Lists, and an eight-week merit hearing was scheduled to commence in January 2024.

At a Case Management Conference regarding appeals for a proposed residential subdivision, the Tribunal scheduled a hearing for the zoning by-law amendment appeal and noted the parties' intent to seek Tribunal-led mediation for the official plan amendment appeals.

The Tribunal also granted participant status to the Blue Mountain Watershed Trust Foundation.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals concerning the Region of Waterloo's Proposed Official Plan Amendment No. OPA 128.

The order sets out the organization of the video hearing scheduled for November 6, 2023, the requirements before the hearing including the exchange of witness statements and expert reports, and the issues list.

The applicant appealed the Town's failure to make a decision on a site-specific Zoning By-law Amendment application to permit commercial cooking equipment within an existing Estate Winery.

The Tribunal granted party status to abutting neighbours but denied it to others who did not raise legitimate land use planning issues.

Relying on the uncontested expert planning evidence of the applicant, the Tribunal found that the proposed amendment represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Greenbelt Plan, Growth Plan, and local official plans.

The appeal was allowed and the Zoning By-law was amended.

The appellants appealed the Town of Collingwood's refusal to grant a retroactive heritage permit for painting the masonry of their home, located in a Heritage Conservation District.

The parties reached a settlement after expert evidence confirmed that removing the paint would cause extensive damage to the masonry.

The Tribunal allowed the appeal and directed the Town to issue the permit, noting that the settlement ensures the integrity of the heritage structure.

The appellant appealed the City of Cambridge's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 185-unit residential development.

The parties reached a settlement, which included preserving a heritage dwelling and existing trees, and replacing a proposed apartment building with stacked townhouses.

Based on the uncontested expert planning evidence and the consent of all parties, the Tribunal allowed the appeals and approved the revised zoning by-law and draft plan of subdivision.

The applicant appealed the City of Brampton's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a seven-storey apartment building, stacked townhouses, and a two-storey office building.

The Tribunal found that the proposed development represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan, Region of Peel Official Plan, and City of Brampton Official Plan.

The Tribunal allowed the appeals in part, approving the amendments in principle but withholding the final order pending confirmation of a site plan control application consistent with the proposed concept plans.

The Tribunal held a settlement hearing regarding an appeal by Joseph and Laura Puopolo against the Region of Waterloo's adoption of Regional Official Plan Amendment No. 2 (ROPA 2).

The settlement proposed utilizing the appellants' lands as a stormwater retention pond and outlet facility, freeing up other lands within ROPA 2 for residential development without expanding the urban area.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with provincial policies and the Regional Official Plan, allowed the appeal in part, and amended ROPA 2 accordingly.

At a Case Management Conference for appeals concerning official plan and zoning by-law amendments to permit a residential development, several individuals sought party or participant status.

The Tribunal granted party status to an individual representing an unincorporated citizens' group, and participant status to others.

The Tribunal also finalized a Procedural Order and scheduled a six-day video hearing.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for a large dwelling and accessory structures.

Following case management conferences, the parties reached an agreement to modify the conditions of approval, specifically regarding the septic bed design and fill placement.

The Ontario Land Tribunal, functioning as the Niagara Escarpment Hearings Office, found the agreed-upon conditions to be correct and allowed the appeals in part to implement the revised conditions.

The applicant appealed the municipality's refusal of a Zoning By-law Amendment required to sever a surplus farm dwelling from a consolidated agricultural property.

Prior to the hearing, the parties entered into Minutes of Settlement agreeing to a reduced severed area.

The Tribunal approved the revised amendment, finding it consistent with the Provincial Policy Statement, in conformity with the County Official Plan, and representative of good land use planning.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for a large dwelling and accessory structures.

During a telephone conference call to finalize the issues list, the Hearing Officer determined that issues related to an adjacent quarry lake were not properly before the Tribunal.

The issues list was finalized, with the primary remaining issue being the location of the septic bed, and the hearing was reduced to a single day.

The appellant appealed the adoption of an Official Plan Amendment and a Zoning By-law Amendment by the County of Perth and the Municipality of North Perth.

The parties reached a compromise settlement to revise the amendments to continue permitting a mixed-use development.

Based on uncontroverted expert land use planning evidence, the Tribunal found the revised amendments consistent with the Provincial Policy Statement 2020 and in conformity with the County Official Plan.

The appeals were allowed in part to approve the revised amendments.

The appellant appealed the municipality's refusal to grant a proposed zoning by-law amendment, which was a condition precedent to a surplus farm-dwelling severance consent application.

At the first Case Management Conference, the parties advised the Tribunal that they had reached a tentative resolution but required time to complete procedural steps, including an application to modify the conditional consent before the County Land Division Committee.

The Tribunal adjourned the matter to allow the parties to finalize their settlement discussions.

The appellant, a detective sergeant with 26 years of service, appealed the disciplinary penalties imposed after being found guilty of two counts of discreditable conduct for submitting false expense claims to an external law enforcement network.

The Hearing Officer had imposed a forfeiture of 20 days' leave for the first count and a six-month reduction in rank to sergeant for the second count.

On appeal, the appellant argued the penalties were excessive and violated the totality principle.

The Ontario Civilian Police Commission dismissed the appeal, finding that the two infractions were distinct and separated by time, justifying cumulative penalties.

The Commission concluded that the Hearing Officer properly weighed the mitigating factors and that the penalties were consistent with prior cases involving misappropriation by police officers.