Trenton C. McBain

The appellant appealed the City of Ottawa Committee of Adjustment's refusal of consent and minor variance applications to sever a residential property into two lots and permit reduced lot width, area, and side yard setbacks.

The City did not attend the hearing.

The Tribunal heard uncontroverted expert planning evidence that the proposal represents good planning, is consistent with the Provincial Policy Statement, and meets the legislative tests under the Planning Act.

The Tribunal allowed the appeals, granting provisional consents subject to conditions and authorizing the minor variances.

At a Case Management Conference, the applicant brought a motion to consolidate several appeals and referrals relating to the proposed Macleod Quarries.

The proceedings included appeals under the Planning Act regarding official plan and zoning by-law amendments, and a referral under the Aggregate Resources Act for a Class A licence.

With the consent of all parties, the Tribunal granted the motion to consolidate the proceedings to avoid inconsistent findings and ensure an expeditious resolution.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff mortgagee's action for negligent distribution of insurance proceeds, arguing the claim was barred by a one-year limitation period in the policy and that the plaintiff suffered no damages.

The defendant alternatively sought to transfer the proceeding from Ottawa to Kingston.

The court dismissed the motion for summary judgment, finding genuine issues requiring a trial regarding whether the insurer's conduct created a separate cause of action subject to the discoverability rule and whether the plaintiff suffered damages due to loss of control over the proceeds.

The court also dismissed the transfer motion, as the defendant failed to show Kingston was a significantly better venue.