Tom Halinski

The applicant appealed the Township of King's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 28-unit single detached residential development.

Prior to the merit hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with the Provincial Policy Statement, in conformity with applicable provincial and municipal plans, and representative of good planning.

The Tribunal allowed the appeals in part on an interim basis, approving the draft plan and zoning by-law amendments in principle, with the final order withheld pending satisfaction of specified conditions.

At a Case Management Conference for appeals regarding consent and minor variance applications, the Tribunal granted participant status to a neighbouring property owner.

The Tribunal also conditionally consolidated the current appeals with an anticipated appeal of a Notice of Intention to Designate the subject property under the Ontario Heritage Act, finding that consolidation would allow for efficient hearing of overlapping evidence.

A four-day merit hearing was scheduled.

The Ontario Land Tribunal held Case Management Conferences regarding appeals by 7080 Yonge Limited against 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 application.

The Tribunal issued a Procedural Order on consent, setting out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence for a 15-day video hearing scheduled to commence on October 23, 2023.

The Tribunal issued an amending decision pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure to correct a technical error in a previous decision.

The amendment corrected the name of the Applicant in the Title of Proceedings and the Appearances section, and updated the introductory paragraph to reflect the correct Applicant's name.

The Ontario Land Tribunal issued a Procedural Order to govern the proceedings for an appeal concerning a proposed Official Plan Amendment and Zoning By-law Amendment to permit a vacation rental unit in the City of Niagara Falls.

The order sets out the hearing dates, the list of parties and participants, the issues list, and the schedule for the exchange of witness statements and other evidence.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by 2593033 Ontario Limited against the Township of King's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan Approval.

The applications seek to permit the redevelopment of a property as a landscape material and garden centre.

Two area residents were granted participant status on consent.

The parties indicated openness to mediation and noted a related site-specific appeal of the Township's comprehensive Zoning By-law.

A second Case Management Conference was scheduled for March 28, 2023.

The applicants appealed the City of Grimsby's refusal of their applications to amend the Official Plan and Zoning By-law to permit a 7-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted participant status to a local business group.

Due to the upcoming municipal election, the parties requested and the Tribunal scheduled a second Case Management Conference for March 2023 to allow the City to receive direction from the new Council.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Burgess Heritage Group Inc. against the Town of Grimsby's failure to make decisions on applications for Official Plan and Zoning By-law amendments.

The applications seek to permit a 5-storey mixed-use building.

The Tribunal issued a Procedural Order on consent, setting the hearing dates, procedural steps, and the issues list.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a residential development.

Prior to the hearing, the parties reached a settlement for a revised proposal consisting of a 5-storey, 129-unit condominium apartment building.

Based on the uncontroverted expert land use planning evidence, the Tribunal found the revised proposal consistent with provincial policy and in the public interest.

The Tribunal granted the zoning appeal in part and granted site plan approval in principle, withholding the final order pending finalization of conditions.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the City of Kawartha Lakes 2012 Official Plan.

The parties confirmed that a Phase 3 hearing was no longer necessary and scoped the remaining issues for a Phase 4 hearing.

The Tribunal approved the final Procedural Order and Issues List for the Phase 4 hearing, scheduled a six-week hearing for May 2023, and granted party status to Ibrans Developments Ltd. on consent.

The applicant sought judicial review to quash a municipal council resolution directing staff to proceed with the development of an arena/event centre.

The applicant alleged procedural unfairness and bad faith, arguing that a staff update report failed to include requested information.

The Divisional Court dismissed the application, finding no evidence of procedural unfairness, bad faith, or arbitrary conduct by the council.

The court also noted that while an alternative statutory remedy existed under the Municipal Act, it exercised its discretion to hear the judicial review to avoid further delay in the long-standing planning process.

The City of Niagara Falls brought a motion to dismiss two appeals of a Zoning By-law Amendment (ZBA) intended to implement the Transit Station Secondary Plan.

One appellant brought a cross-motion to dismiss the City's motion, alleging perjury by a City planner.

The Tribunal dismissed the cross-motion as being outside its jurisdiction and advanced for delay.

The Tribunal granted the City's motion and dismissed both appeals without a hearing under s. 34(25) of the Planning Act, finding that neither appeal raised genuine land use planning grounds, both were based on personal apprehensions rather than expert evidence, and neither had a reasonable prospect of success.

The appellant appealed the Town's failure to make a decision on a site plan application for a 243 square meter addition to an existing group home.

Prior to the hearing, the parties reached a settlement.

Based on uncontradicted expert planning evidence that the revised site plan constitutes good planning and conforms to provincial policies regarding accessibility and special needs housing, the Tribunal allowed the appeal in part and approved the site plans in principle, subject to conditions.

Several parties appealed the Regional Municipality of York's approval of the new Official Plan for the Township of King.

During a phased hearing process, five appellants reached a settlement with the Township regarding site-specific and area-specific policies.

The Tribunal accepted uncontested expert planning evidence that the proposed modifications to the Official Plan were consistent with the Provincial Policy Statement, conformed to applicable provincial and regional plans, and represented good land-use planning.

The Tribunal allowed the appeals in part to implement the settlement and scheduled a case management conference for the remaining Phase 2 appeals.

The Tribunal heard an appeal regarding the 'Prime Agricultural' designation of a 42.95-hectare parcel of land in the City of Kawartha Lakes' Official Plan.

The appellants argued that the lands should be designated 'Rural' based on an Agricultural Land Evaluation which found the lands consisted mostly of Class 4 soils with drainage and topography constraints.

The City argued the designation was appropriate and any changes should occur during a Municipal Comprehensive Review.

The Tribunal preferred the appellants' evidence, finding no clear justification for the original 'Prime Agricultural' designation, and ordered the lands be re-designated as 'Rural'.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The appellants appealed the Township of King's failure to make a decision on a Zoning By-law Amendment and the conditions imposed on a Draft Plan of Subdivision for a 51-lot residential development.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with applicable official plans.

The appeals were allowed in part, approving the Zoning By-law Amendments and the Draft Plan of Subdivision in principle, subject to conditions.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan (OPAs 13-18).

The City brought a motion for partial approval (Draft Order 3) to resolve numerous Phase 2 issues based on an Agreed Statement of Facts by land use planning experts, which the Tribunal approved.

The Tribunal also considered Draft Order 4 to implement Minutes of Settlement regarding settlement boundaries.

Fenelon Trails requested a deferral of the Fenelon Falls urban boundary approval, arguing it would restrict growth.

The Tribunal denied the deferral request, noting Fenelon Trails was a non-appellant party sheltering under another appeal that had settled, and approved Draft Orders 3 and 4 to implement the settlement and boundary adjustments.

The applicant appealed the City of Niagara Falls' failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 390-unit apartment development with 21-storey and 12-storey towers.

The Tribunal dismissed the appeals, finding that while the proposal was consistent with the Provincial Policy Statement, it failed to conform to the Growth Plan and the City's Official Plan.

The Tribunal accepted the City's evidence that the proposed height and massing represented overdevelopment, failed to provide an appropriate transition to the adjacent low-rise residential neighbourhood, and did not harmoniously fit with the existing planned context.

This was a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and related Official Plan Amendments.

The Tribunal was updated on settlement discussions, a recent Minister's Zoning Order, and the resolution of issues with one of the appellants.

The Tribunal ordered the parties to file a final hearing plan by February 9, 2022, and scheduled a further Case Management Conference and hearing dates.