Thomas E. Sanderson

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 Tribunal considered a proposed partial settlement regarding appeals of the new Town of Collingwood Official Plan.

The settlement involved modifications to general policies to ensure consistency with the Provincial Policy Statement, 2024, particularly concerning natural heritage and infrastructure.

Based on uncontested expert planning evidence, the Tribunal approved the modifications, finding them consistent with provincial policy and good land use planning, without prejudice to remaining site-specific appeals.

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 Ontario Land Tribunal held a third Case Management Conference regarding an appeal by FNF Enterprises Inc. seeking the issuance of a zoning by-law without a holding provision to permit two industrial warehouse buildings in the City of Cambridge.

The Tribunal reviewed and approved the draft Procedural Order and Issues List submitted by the parties.

A four-day video hearing was scheduled to commence on June 8, 2026.

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 Ontario Land Tribunal held a third Case Management Conference regarding an appeal by the appellants against the Municipality of Port Hope's refusal to issue a demolition permit for heritage properties.

The appellants seek to demolish existing buildings to construct a 192-bed long-term care home.

The Tribunal noted ongoing mediation efforts and scheduled dates for a further Case Management Conference and a three-day hearing on the merits.

The City of Waterloo proposed to expropriate lands owned by the claimant to facilitate the redevelopment of a municipal parking lot and surrounding areas.

The claimant requested a Hearing of Necessity under section 7 of the Expropriations Act.

The Tribunal found that the proposed expropriation was a necessary step to achieve coordinated urban development and was reasonably defensible in achieving the City's objectives.

The Tribunal reported that the taking met the statutory test.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by FNF Enterprises Inc. seeking the issuance of a zoning by-law without a holding provision to permit two industrial warehouse buildings.

The parties requested additional time to finalize the Draft Procedural Order and Issues List.

The Tribunal scheduled a third Case Management Conference for February 2026 and a four-day merit hearing for May 2026.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant seeking the issuance of a zoning by-law without a holding provision to permit two industrial warehouse buildings.

The parties requested additional time to finalize a Draft Procedural Order and Issues List.

The Tribunal scheduled a second Case Management Conference and set deadlines for the submission of the required documents.

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 appellant appealed the County's failure to make a decision on applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit a 390-unit residential development.

The parties reached a settlement proposal.

Based on uncontested expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the County Official Plan, and representative of good land use planning.

The appeals were allowed in part to approve the Draft Plan of Subdivision and Zoning By-law Amendment subject to conditions.

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 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.

The appellant appealed the Committee of Adjustment's denial of five minor variances for a property located at 775 Vaughan Road.

The variances sought to increase the building height from 38 to 45 storeys, increase gross floor area, and adjust setback and amenity space requirements to facilitate a purpose-built rental building with additional community benefits.

The Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, were consistent with the Provincial Planning Statement, and represented good planning.

The appeal was allowed and the variances were approved subject to conditions securing affordable housing or community cultural space.

Multiple appeals were brought under subsection 17(36) of the Planning Act regarding the adoption of a new town-wide Official Plan by the Town of Collingwood, as approved by the County of Simcoe.

At the first Case Management Conference, the Tribunal granted participant status to four requesting entities without objection.

The Tribunal deferred three requests for party status until the next CMC or until an Issues List is formalized, to allow the proposed parties to identify which issues they will shelter under pursuant to Rule 8.3 of the Tribunal's Rules of Practice and Procedure.

A second CMC was scheduled to consider the deferred requests and further organize the appeals.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by Telephone City Aggregates Inc. concerning the failure of the County of Brant to make a decision on applications for a zoning by-law amendment and a plan of subdivision.

The applications propose a 390-unit residential development.

The hearing is scheduled to commence on August 18, 2025, for five days.

The moving parties brought a motion for leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court dismissed the motion on jurisdictional grounds and awarded costs of $5,000 to the responding party.

At a Case Management Conference for appeals concerning applications to rezone and approve a plan of subdivision, the County of Brant requested an adjournment of the merit hearing to review a newly received geotechnical report.

The appellant consented on the condition that the report be circulated on a 'with prejudice' basis and the hearing be rescheduled by August 2025.

The Tribunal granted the adjournment, rescheduled the five-day merit hearing to August 18, 2025, and issued procedural directions.

The Receiver sought orders to approve a construction management contract and related financing for the Heart Lake Project, and to authorize amendments or disclaimers of pre-sale agreements for the Uptowns Project.

The court granted the relief, finding it was the best path to maximize stakeholder recovery, noting that the proposed amendments to pre-sale agreements offered homebuyers an option to retain value or claim deposits from a surety policy, and that disclaiming agreements was necessary for financing and project completion.

The court also approved sealing certain financial information to protect future marketability.