Tom Richardson

The appellants appealed an Engineer's Report regarding the Wignell Municipal Drain under the Drainage Act.

The appellants argued that the proposed drainage works would not ameliorate flooding on their properties, objected to the assessment of costs for bank restoration, and argued that the costs of previous incomplete engineering reports should not be assessed to the drain.

The Tribunal dismissed the MacNeils' appeals but adjusted the assessment schedule for the Bank Restoration Improvement Program.

The Tribunal allowed Whisky Run Golf Club's appeals in part, ordering that the engineering fees from previous incomplete reports be borne solely by the Municipality, that a mobile pump be used instead of a permanent pump, and that the cost of pumping be divided as 50% Outlet Liability and 50% Benefit to lands lower than the top of the gates.

The appellants appealed the Niagara Escarpment Commission's decision to grant a conditional development permit for an on-farm diversified use (an event venue) on agricultural lands.

The parties reached a settlement and submitted agreed-upon terms and conditions.

Relying on uncontested expert planning evidence, the Hearing Officer found the proposed use, subject to the agreed conditions, was consistent with the Provincial Planning Statement and conformed to the Niagara Escarpment Plan.

The appeal was dismissed and the permit was confirmed with the additional conditions.

At a Case Management Conference regarding appeals of a development permit for an on-farm diversified use, the Town of Lincoln requested and was granted party status without opposition.

The parties subsequently informed the Tribunal that a settlement had been reached.

The Tribunal scheduled a written settlement hearing and directed the filing of supporting materials.

The applicant appealed the City of Welland's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 3-storey, 24-unit residential building.

Prior to the hearing, the parties reached a settlement that included dedicating portions of the site containing a woodland feature to the City.

Based on uncontroverted planning evidence, the Tribunal found the settlement proposal consistent with provincial policies, in conformity with applicable official plans, and representative of good planning.

The appeals were allowed and the amendments were approved.

At a Case Management Conference regarding appeals of a zoning by-law amendment and an official plan amendment, a motion for document production was adjourned.

The parties agreed to a pathway forward wherein the moving party would revise its document request and the responding parties would provide lists of relevant documents.

A further Case Management Conference was scheduled to finalize issues lists and restructure the order of the merit hearings.

The Ontario Land Tribunal issued a procedural order to govern the proceedings leading up to a hearing scheduled for November 12, 2024.

The hearing concerns appeals by the applicant regarding the municipality's failure to adopt a requested official plan amendment and zoning by-law amendment to permit a 3-storey condominium with 24 residential units.

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

At a Case Management Conference, the Ontario Land Tribunal considered appeals by Cytec Canada Inc. and 2610832 Ontario Inc. regarding the City of Niagara Falls' By-law 2023-078 and Official Plan Amendment 147, which relate to the conversion of employment lands.

The Tribunal ordered that the appeals be heard together sequentially in a three-phase hearing and scheduled dates for potential motions and the merits hearing.

The appellant appealed the refusal of a minor variance application by the Township's Committee of Adjustment.

The application sought variances to permit a gas station and convenience store on a uniquely shaped property.

Prior to the hearing, the parties reached a settlement.

The Tribunal heard uncontested land use planning evidence supporting the settlement.

The Tribunal found that the requested variances met the four tests under s. 45(1) of the Planning Act, as they were minor in nature, desirable for the appropriate development of the land, and maintained the general intent of the official plan and zoning by-law.

The appeal was allowed in part to authorize the variances subject to conditions, including site plan approval to address noise, traffic, and lighting concerns.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Lucchetta Builders Inc. for a non-decision on Official Plan and Zoning By-law amendments to permit a 24-unit condominium in Welland.

The Tribunal granted party status to an area resident and participant status to three others.

A seven-day hearing was scheduled for November 2024, and the parties were directed to submit a draft Procedural Order.

The appellant appealed the municipality's enactment of a zoning by-law that updated the definition of 'Dwelling, Townhouse'.

Prior to the hearing, the parties reached a settlement that included a new definition and site-specific exceptions for the appellant's lands.

Based on uncontested expert land use planning evidence, the Tribunal found the settlement consistent with provincial policy and local official plans.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The applicants appealed the Town of Niagara-on-the-Lake's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision within the statutory timeframes.

The applications sought to permit a 53-lot residential subdivision.

Prior to the hearing, the parties reached a settlement for a revised proposal consisting of 49 residential lots and an enlarged park block.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and local official plans.

The Tribunal allowed the appeals in part to approve the revised draft plan and zoning by-law amendment.

The respondent brought preliminary motions challenging the jurisdiction of the Board of Inquiry to hear a human rights complaint regarding the provision of handicapped parking spaces.

The respondent argued that the matter should be dealt with under the Municipal Act or Planning Act, and that the delay in bringing the complaint forward violated s. 7 of the Charter and constituted an abuse of process.

The Board dismissed the motions, finding that the Human Rights Code takes precedence over municipal by-laws, that s. 7 of the Charter does not apply to these proceedings, and that the delay did not prejudice the respondent's ability to have a fair hearing.

The Communications Workers of Canada applied for certification to represent employees of CTG Telecommunications Systems, an interconnect company that sells, installs, and maintains telephone systems.

The respondent challenged the Ontario Labour Relations Board's jurisdiction, arguing its operations were an integral part of the Bell Canada network and thus fell under federal jurisdiction.

The Board held that the respondent's operations were not vital, essential, or integral to the core federal undertaking of Bell Canada, and therefore fell within provincial jurisdiction.

The Board also determined the composition of the appropriate bargaining unit and ordered a representation vote.