3 total
Motion to adjourn denied; moving party failed to proactively address witness unavailability.
The City of Toronto brought a motion to adjourn a scheduled 5-day merit hearing regarding a zoning by-law amendment appeal.
The City argued that its planning witness was on medical leave and its urban design witness was on approved vacation.
The Tribunal dismissed the motion, finding that the City had sufficient notice of the witnesses' unavailability to arrange for alternatives or raise the issue earlier.
The Tribunal held that granting the adjournment would unfairly prejudice the appellant through delay and additional costs, and ordered the hearing to proceed as scheduled.
Tribunal grants party status and schedules 15-day hearing for residential development appeals.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals against applications for a 667-unit residential development in the Township of Wilmot.
The Tribunal granted non-appellant party status to Stremma Developments, directed a motion in writing to correct a discrepancy in the appeal forms, and scheduled a 15-day hearing.
Tribunal approves settlement expanding subdivision boundaries to resolve parkland dedication dispute.
The appellant appealed the City's failure to make a decision on zoning by-law amendment and draft plan of subdivision applications for a residential development.
The parties reached a settlement to geographically expand the applications to include an adjacent parcel, resolving a dispute over parkland dedication rates under Bill 23.
The Tribunal applied the Claremont test to permit the boundary modification and, relying on uncontroverted expert planning evidence, approved the consolidated instruments as representing good planning.
