Tom Halinski

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 2593033 Ontario Limited against the Township of King's failure to make a decision on zoning by-law amendment and site plan applications, as well as an appeal of the Township's new comprehensive zoning by-law.

The Tribunal ordered the consolidation of the three appeal files and directed the parties to provide a status update on their ongoing settlement discussions regarding a revised proposal for the subject property.

The appellants appealed the City of Guelph'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.

At the first Case Management Conference, the Tribunal granted party status to the Canadian National Railway Company and a local residents' association, and participant status to a local resident.

The Tribunal also directed the parties to finalize an Issues List and Procedural Order, and scheduled a 14-day merit hearing.

This was the first Case Management Conference regarding multiple appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal granted party status to 2793031 Ontario Inc. on consent.

The parties advised that discussions were ongoing to scope the issues and potentially bring parts of the by-law into force.

The Tribunal scheduled a scoping motion and a second Case Management Conference, and directed the submission of a draft Procedural Order and Issues List.

The applicants appealed the denial of minor variances and consent applications, as well as objected to a heritage designation by-law concerning their property in the Town of Grimsby.

On consent of all parties, the Ontario Land Tribunal issued a revised Procedural Order to govern the proceedings leading up to a four-day video hearing scheduled to commence on November 14, 2023.

The revised order sets out the updated schedule for the exchange of witness lists, expert reports, and other pre-hearing requirements.

A case management conference was held regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and its Secondary Plans.

The Tribunal received status updates on the remaining phases of the appeals, noting the withdrawal of certain appeals and the closure of the Phase 6 hearing file.

The Tribunal directed the parties to work collaboratively to prepare a final procedural order and issues list for the Phase 5 hearing, and scheduled a further case management conference to set hearing dates and address outstanding matters.

The applicant appealed the Town of Lincoln's refusal of a Zoning By-law Amendment application to permit a 453-unit residential development consisting of 20 and 23-storey towers.

The parties reached a settlement prior to the hearing.

Based on the uncontested expert planning evidence, the Tribunal found that the proposed development represented good land use planning, was consistent with the Provincial Policy Statement, and conformed to the applicable Growth Plan and Official Plans.

The Tribunal allowed the appeal and amended the Zoning By-law in accordance with the settlement.

This was the second Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

The Tribunal held certain party status requests in abeyance, approved the scoping of several appeals, and established a Procedural Order and Issues List for two phased hearings.

The Tribunal also scheduled a motion for the Township to seek approval of the un-appealed portions of the by-law and inverted a previous consolidation of a site-specific appeal.

The applicants appealed the denial of minor variances and consent applications, as well as objected to a heritage designation by-law concerning their property.

The Ontario Land Tribunal issued a procedural order setting out the organization of the hearing, requirements before the hearing, and the issues list for the upcoming video hearing.

The appellants appealed the Committee of Adjustment's denial of a minor variance to permit a hemp processing facility on a property zoned Specialty Crop.

The Tribunal allowed the appeal, finding that the proposed agriculture-related use is consistent with provincial and regional policies and meets the four tests under the Planning Act.

The Tribunal preferred the evidence of the appellants' planner and the Town's Director of Planning, who was summoned by the appellants, over the Town's retained expert.

The Tribunal concluded that site plan control would adequately address any operational concerns.

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.

The appellants appealed a Notice of Intention to Designate their property under the Ontario Heritage Act, as well as the refusal of consent and minor variance applications under the Planning Act.

At a Case Management Conference, the parties requested that the heritage and planning appeals be consolidated.

The Ontario Land Tribunal found consolidation appropriate for a fair and efficient hearing, ordered the appeals consolidated, and scheduled a four-day video hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicants from the City of Toronto's failure to make a decision on an Official Plan Amendment application for the Centrepoint Mall property.

The Tribunal granted party status to several neighbouring landowners and the Toronto Catholic District School Board, and participant status to a local resident.

A second Case Management Conference was scheduled for January 22, 2024, to address procedural matters and a potential consolidation with a related appeal.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1306497 Ontario Inc. concerning the City of Vaughan's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment.

The amendments seek to permit a transit-oriented development including residential towers, amenity, retail, and office space at 88 Steeles Avenue West.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1306497 Ontario Inc. for a proposed transit-oriented development in the City of Vaughan.

The Tribunal granted party status to eleven requesters and participant status to one ratepayers association without objection.

The Tribunal directed the applicant to finalize the Procedural Order and Issues List for submission by July 11, 2023, and scheduled a five-day hearing on the merits for April 2024.

The appellant appealed the City of Niagara Falls' adoption of an Official Plan Amendment and Zoning By-law Amendment that permitted a vacation rental unit in an existing detached dwelling.

The appellant argued that the official plan prohibited vacation rental units in the River Road Satellite District and that the proposal would result in an undue concentration of tourist accommodations.

The Tribunal accepted the uncontroverted expert planning evidence that the amendments were consistent with provincial policies, conformed to regional and local official plans, and did not create an undue concentration of vacation rental units.

The appeals were dismissed and the amendments were approved.

The applicant appealed the Township of King's comprehensive zoning by-law regarding its failure to recognize an approved consent and incorporate appropriate modifications for a site-specific exception zone.

The parties reached a settlement proposing minor modifications to clarify farm help dwelling permissions and add zoning standards.

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

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

The Tribunal convened a Case Management Conference for an appeal of a Committee of Adjustment decision denying a minor variance to permit a hemp processing facility.

The Tribunal granted participant status to several individuals on consent of the parties.

A three-day merit hearing was scheduled, and procedural directions were issued for the exchange of witness lists, statements, and a joint document book.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals of the Township of King's new Comprehensive Zoning By-law 2022-053.

The Tribunal granted participant status to one requestor and deferred two party status requests to a second CMC.

The Tribunal also consolidated two related appeals and set a schedule for a written motion regarding a settlement reached by one of the appellants.

A second CMC was scheduled to finalize the procedural order and issues list.

The applicant appealed the Town of Grimsby's failure to make decisions on Official Plan and Zoning By-law amendment applications to permit a 5-storey mixed-use building.

The proposal included retaining and repurposing an existing heritage house on the site.

The Town opposed the intensity of the development, arguing it was an overdevelopment for a Neighbourhood Commercial designation.

The Tribunal allowed the appeals in part, finding that the proposed infill development was appropriate and compatible with the heritage structure and surrounding neighbourhood, but directed specific modifications to the building setbacks and commercial floor area requirements.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.