Tom Halinski

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of a brownfield site into a mixed-use neighbourhood.

The parties reached a partial settlement on a revised proposal for 660 residential units and commercial space.

The Tribunal accepted expert planning evidence that the revised proposal is consistent with provincial policy and conforms to the official plan.

The Tribunal allowed the appeals in part, approving the agreed-upon planning instruments and scheduling a further hearing for the outstanding issues.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal of the Town of Georgina's refusal to adopt a requested zoning by-law amendment.

The amendment would permit the conversion of a single detached dwelling into an accessory structure.

The Tribunal granted party status to one individual and participant status to several others on consent.

A three-day hearing on the merits was scheduled, and a procedural order was approved.

This was the second Case Management Conference regarding appeals against the Township of King's Zoning By-law 24-024.

Settlement discussions were ongoing for some appeals, while others were deferred pending a related review application.

A request for party status by Concerned Citizens of King Township and Save The Oak Ridges Moraine was opposed and deferred.

A third Case Management Conference was scheduled for February 2025.

The appellants appealed the Township of King's Urban and Rural Zoning By-laws.

The parties reached a settlement agreement.

The Tribunal approved site-specific modifications to the Urban ZBL for the Via-Ru Lands, changing the zoning from 'Future Use' to 'Residential Future'.

The Tribunal also scoped and adjourned the Bushland appeal and dismissed the Ontario appeal, as requested by the parties.

The Ontario Land Tribunal held a first case management conference regarding appeals by SNAM Investment Group Inc. against the Town of Grimsby's failure to adopt requested official plan and zoning by-law amendments.

The applications seek to facilitate a 548-unit high-rise residential development.

The Tribunal approved the draft procedural order and issues list submitted by the parties and scheduled a 10-day video hearing on the merits for April 2025.

The respondents sought costs against the self-represented applicant after the Board dismissed the applicant's applications under the Farming and Food Production Protection Act, 1998 as frivolous and vexatious.

The Board found that the applicant had commenced a civil action in the Superior Court of Justice based on the same facts and seeking similar relief prior to applying to the Board, constituting a multiplicity of proceedings.

The Board held that the threshold for awarding costs against an unrepresented litigant was met.

The applicant was ordered to pay costs fixed at $7,350 to the respondents.

This was the first Case Management Conference regarding appeals by four landowners against the Township of King's new comprehensive Zoning By-Law 24-028.

The parties agreed to categorize the grounds of appeal into three main groups, with some issues to be deferred pending the outcome of a related jurisdictional review in another proceeding.

The Tribunal scheduled a second CMC to allow the parties further time to scope the issues, potentially resolve minor site-specific corrections, and address pending party status requests from two citizens' groups.

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

The Divisional Court dismissed the motion for leave to appeal.

Costs were awarded to the responding parties in the total amount of $8,972.66.

The appellant filed an objection to the Town of Grimsby's Notice of Intention to Designate a property under the Ontario Heritage Act.

At the first Case Management Conference, the appellant advised the Tribunal that the appeal was withdrawn.

The Tribunal confirmed the withdrawal, closed the case file, and confirmed that the designating by-law is in force and effect.

Multiple appeals were filed regarding the City of Kawartha Lakes 2012 Official Plan and its Secondary Plans.

The parties reached a settlement resolving the remaining phases of the appeals, including site-specific zoning by-law amendments and modifications to the Bobcaygeon and Omemee Secondary Plans.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications and amendments were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and represented good planning.

The Tribunal approved the settlement and modified the planning instruments accordingly.

The appellant appealed the Town of Grimsby Committee of Adjustment's refusal of minor variances to permit the development of a two-storey single detached dwelling.

The requested variances sought relief for reduced side yard setbacks and increased lot coverage.

The Tribunal accepted the uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The appeal was allowed and the variances were authorized subject to tree preservation conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of a brownfield site.

The parties reported progress toward a settlement and requested the scheduling of a further CMC and a five-day merit hearing.

The Tribunal approved the proposed path forward, scheduled the requested events, and approved the final Procedural Order.

The applicant appealed the Committee of Adjustment's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and Consent to sever.

The applications sought to permit the development of a single detached dwelling and accessory structures on a property containing natural heritage features.

The parties reached a settlement agreement.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed development was consistent with provincial policies, conformed to applicable official plans, and represented good planning.

The appeals were allowed and the instruments were approved.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The appellant appealed the Committee of Adjustment's decision denying a minor variance to reduce the minimum parking ratio for a proposed mixed-use development.

The appellant also sought variances for increased building height.

The Town did not oppose the appeal.

Based on the uncontroverted expert evidence in land use planning and transportation engineering, the Tribunal found that the requested variances met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a transit-oriented development at 88 Steeles Avenue West.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed Zoning By-law Amendment, which permits two high-rise residential towers, represents good planning and conforms to applicable provincial and municipal policies.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle on an interim basis, contingent on the fulfillment of specified conditions.

The appellant brought a motion seeking the Tribunal's approval of a settlement agreement with the Township of King regarding site-specific modifications to the new Comprehensive Zoning By-law No. 2022-053.

The modifications change the zoning of the subject property from 'Future Use' to 'Hamlet Residential – Future' to provide clarity for future residential lot creation, consistent with the Official Plan.

Based on uncontroverted expert planning and ecological evidence, the Tribunal found the modifications represent good land use planning, are consistent with provincial policies, and are in the public interest.

The motion was granted and the zoning by-law was amended accordingly.

The applicant brought an application under sections 5 and 6 of the Farming and Food Production Protection Act, 1998, alleging disturbances from the respondents' property and seeking enforcement of a municipal noise by-law.

The Board dismissed the section 5 application without a hearing, finding it lacked jurisdiction because the applicant failed to establish that the disturbances arose from an agricultural operation.

In the alternative, the Board found the application vexatious due to a concurrent civil action seeking the same relief.

The Board also dismissed the section 6 application, holding it had no jurisdiction to enforce municipal by-laws or order a municipality to do so.

The applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit the development of eight new residential units on a waterfront property.

The Tribunal considered issues related to stormwater management, environmental impacts, and conformity with local land use planning policies.

While finding that a holding provision could address stormwater and environmental concerns, the Tribunal ultimately dismissed the appeal.

The Tribunal concluded that the proposed urban form of development was uncharacteristic of the surrounding hodgepodge cottage country, did not harmoniously integrate into the waterfront community, and failed to conform to the Town's Official Plan and the Crystal Beach Secondary Plan.

The appellant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment application to permit a commercial refuelling station for transport trucks.

Prior to the merit hearing, the parties reached a settlement on a revised proposal.

Based on uncontradicted expert land use planning evidence, the Tribunal found the revised proposal optimized the use of existing land and infrastructure and was consistent with provincial and regional policies.

The Tribunal allowed the appeal in part and approved the proposed Zoning By-law Amendment.