Thomas E. Sanderson

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 Applicant brought a motion to dismiss the Appellant's appeal of a Zoning By-law Amendment and Official Plan Amendment without a hearing.

The Appellant argued that the Town failed to hold a public hearing on a materially different revised application and raised traffic concerns regarding the use of a local road.

The Tribunal found it lacked jurisdiction to review the Town's decision on further public notice under s. 34(17) of the Planning Act.

Relying on uncontested expert planning evidence, the Tribunal concluded the appeal raised no genuine, legitimate, or authentic planning grounds and had no reasonable prospect of success.

The motion was granted and the appeal dismissed.

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 applicant appealed the failure of the County of Brant to make decisions regarding applications to rezone and approve a plan of subdivision for a 390-unit residential development.

At the third Case Management Conference, the parties indicated ongoing settlement discussions and requested the scheduling of a five-day merit hearing and a fourth Case Management Conference.

The Tribunal scheduled the merit hearing for February 2025 and the next Case Management Conference for November 2024, and directed the parties to file a draft Procedural Order and Issues List.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application intended to facilitate a residential subdivision.

Prior to the hearing, the parties reached a settlement that included protections for a great blue heron habitat.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment consistent with provincial policies and local official plans.

The appeal was allowed and the zoning by-law was amended.

The appellant brought a motion claiming that its first demolition permit application remained valid because the municipality failed to make a decision within the statutory timelines under the Ontario Heritage Act.

The Tribunal denied the motion, finding that the municipality had the authority to change its by-law to refuse the demolition permit.

The Tribunal also issued a procedural order and issues list for the upcoming merits hearing regarding the denial of the second demolition permit application.

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 Ontario Land Tribunal issued a procedural order on consent of the parties to govern the procedures leading up to a 7-day hearing regarding a zoning by-law amendment appeal.

The amendment seeks to permit an autobody repair establishment on agricultural lands in the Municipality of South Bruce.

The appellant brought a motion seeking an order that its demolition permit application was deemed consented to under the Ontario Heritage Act because the Municipality failed to provide notice of its decision within the statutory 90-day period.

The Tribunal agreed that deemed consent occurred due to the lack of timely notice.

However, the Tribunal found that the Municipality possessed the authority under the Municipal Act to revoke the by-law associated with the demolition permit, effectively revoking the permit.

The motion was therefore dismissed.

The Tribunal considered a request for partial approval of the City of Guelph's Official Plan Amendment No. 79 (OPA 79), which introduced the Clair-Maltby Secondary Plan.

Following mediation, the parties reached a partial settlement resulting in modifications to OPA 79.

Based on uncontroverted expert planning evidence, the Tribunal found that the modified OPA 79 is consistent with the Provincial Policy Statement, conforms with the Growth Plan, and represents good planning.

The Tribunal allowed the appeals in part and partially approved the modified OPA 79, while preserving the rights of the remaining appellants for a future merit 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.

The applicants sought a declaration of possessory title over a three-foot strip of land abutting their cottage property.

The court found that while the applicants had actual possession of the disputed lands, they failed to establish an intention to exclude the true owners or that they effectively excluded them.

The disputed lands were open and accessible to the community, and the true owners frequently crossed and used the lands without restriction.

The application for adverse possession was dismissed.

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 Lafarge Canada Inc. against a zoning by-law amendment approved by the Town of Collingwood.

The amendment facilitates a residential subdivision on lands adjacent to the appellant's concrete plant.

The Tribunal granted party status to the Simcoe County District School Board on consent.

As the parties were optimistic about reaching a settlement, the Tribunal scheduled a second Case Management Conference to either review a settlement or establish a procedural order and issues list.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Southbridge Health Care GP Inc. against the Municipality of Port Hope's refusal of a demolition permit for heritage properties.

The Tribunal granted participant status to three individuals and scheduled future hearing dates, including a motion hearing, a second CMC to finalize the Procedural Order and Issues List, and a three-day merits hearing.

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 held a third Case Management Conference regarding multiple appeals of the City of Guelph's adoption of Official Plan Amendment No. 79, which introduces the Clair-Maltby Secondary Plan.

The parties requested a revised procedural order with a staggered schedule for document exchange to allow more time for ongoing settlement discussions.

The Tribunal approved the revised procedural order, finding that the staggered approach would not prejudice any party and would provide flexibility for continued settlement efforts.

A fourth Case Management Conference was scheduled for December 5, 2023.

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.

The applicant appealed the Township's refusal of a zoning by-law amendment to permit a reduced front yard depth for a proposed six-unit apartment building.

The parties reached a settlement to permit a 3-metre minimum front yard depth, increased from the originally requested 1 metre.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeal was allowed in part to implement the settlement.

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.