Will Thomson

The Ontario Land Tribunal held a Case Management Conference regarding numerous appeals of the new Official Plan for the Town of Collingwood.

The Tribunal directed the parties to prepare a draft Procedural Order and Issues List, and scheduled a further Case Management Conference to address procedural matters and a motion by the Town to bring unappealed portions of the Official Plan into force.

The Tribunal considered a proposed partial settlement regarding appeals of the new Town of Collingwood Official Plan.

The settlement involved modifications to general policies to ensure consistency with the Provincial Policy Statement, 2024, particularly concerning natural heritage and infrastructure.

Based on uncontested expert planning evidence, the Tribunal approved the modifications, finding them consistent with provincial policy and good land use planning, without prejudice to remaining site-specific appeals.

The appellants appealed the Township of Oro-Medonte's new Official Plan regarding short-term rental (STR) policies.

The parties reached a settlement to replace the STR policies and mapping.

The Tribunal found the revised policies represented good planning and approved them.

However, the Tribunal denied the parties' request to withhold the Final Order until a site-specific zoning by-law amendment for certain appellants was processed, finding that delaying a Township-wide policy for a private agreement was not in the public interest.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the County of Simcoe against the Township of Tiny's Committee of Adjustment decision approving a consent application for two residential lots.

The Tribunal granted party status to the applicants, approved the Draft Procedural Order, and scheduled a three-day merit hearing.

The Tribunal held a Case Management Conference to finalize the Procedural Order for appeals against the County of Simcoe's approval of the Town of Collingwood's new Official Plan.

Lorablue Developments Inc. requested an adjournment of its appeal, arguing it was site-specific and required ecological studies.

The Tribunal denied the adjournment, finding the appeal included broad policy issues that should be addressed at the scheduled hearing, though the parties could later agree to defer the issues if narrowed.

The Tribunal approved the Procedural Order and set the hearing dates.

Peterborough Action for Tiny Homes (PATH) appealed the City's refusal of a Temporary Use By-law application to permit 24 transitional housing sleeping cabins on a property adjacent to an existing heavy industrial facility.

The central issue was whether the cabins should be classified as 'dwellings' or 'noise sensitive institutional purpose buildings' under provincial noise guidelines (NPC-300) for the purpose of determining land use compatibility.

The Tribunal found the cabins constituted dwellings, requiring more stringent noise mitigation.

Because the proposal introduced a sensitive land use immediately adjacent to a Class II industrial facility without adequate mitigation mechanisms, the Tribunal held it was inconsistent with the Provincial Policy Statement and did not conform to the City Official Plan.

The appeal was dismissed.

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the Town of Collingwood's new Official Plan.

The Tribunal directed the parties to submit a finalized Procedural Order and Issues List, and scheduled a written settlement hearing and a telephone conference call to address a revised phased hearing plan and proposed settlements.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals by Huntingwood Trails (Collingwood) Ltd. against the Town of Collingwood's refusal of applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision to permit a 69-unit residential development.

Following Tribunal-led mediation, the parties submitted a revised draft Procedural Order and Issues List.

The Tribunal approved the updated Procedural Order and scheduled a 30-day merits hearing to commence in January 2026.

At a Case Management Conference regarding appeals for a 69-unit residential development, the Blue Mountain Watershed Trust Foundation requested party status to address flood plain protection issues.

The applicant opposed the request, arguing it would duplicate efforts, while the Town and County supported it.

The Tribunal granted party status to the Foundation, finding it had key interests and its intended expert evidence was necessary.

Participant status was also granted on consent to three individuals.

A further Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

Multiple appeals were brought under subsection 17(36) of the Planning Act regarding the adoption of a new town-wide Official Plan by the Town of Collingwood, as approved by the County of Simcoe.

At the first Case Management Conference, the Tribunal granted participant status to four requesting entities without objection.

The Tribunal deferred three requests for party status until the next CMC or until an Issues List is formalized, to allow the proposed parties to identify which issues they will shelter under pursuant to Rule 8.3 of the Tribunal's Rules of Practice and Procedure.

A second CMC was scheduled to consider the deferred requests and further organize the appeals.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Peterborough Action for Tiny Homes against the City of Peterborough's refusal of a zoning by-law amendment for a transitional housing development.

The Tribunal granted party status to Toromont Industries Ltd. and participant status to several others on consent.

A Procedural Order was approved, and a 10-day merit hearing was scheduled to commence in June 2025.

The Town of Collingwood brought a motion to dismiss appeals filed by Huntingwood Trails (Collingwood) Ltd. regarding a proposed 69-unit residential development.

The Town argued the appeals had no reasonable prospect of success due to a potential Ministry of Transportation bypass and concerns from the local conservation authority regarding a proposed watercourse crossing.

The Tribunal found that the potential bypass was not a 'planned corridor' under the Provincial Planning Statement and that the conservation authority's concerns did not render the appeals hopeless.

The Tribunal also denied the Town's alternative request to phase the hearing, finding that a single comprehensive hearing would be more efficient.

The motion to dismiss was denied.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of the Township of Oro-Medonte's new Official Plan.

At a previous CMC, the parties had agreed that the Oro-Medonte Association of Responsible STRs' appeal was deemed dismissed by the Cutting Red Tape to Build More Homes Act, 2024 (Bill 185).

However, the Association subsequently argued that its appeal was saved by a transition provision in the Planning Act, because other valid appeals had been filed in respect of the same plan.

The Tribunal agreed with the Association's interpretation of s. 17(24.0.2)(b) of the Planning Act, finding that the Association's appeal was not deemed dismissed and that it maintained its full rights as an appellant party.

The Tribunal also declined to approve a settlement between the Township and other appellants at this stage, directing the parties to provide a status update.

The applicant appealed the Town of Collingwood's refusal of applications for an official plan amendment, zoning by-law amendment, and plan of subdivision to permit a 69-unit residential development.

At the first Case Management Conference, the applicant requested a six-week hearing be scheduled.

The Tribunal found that there were too many indeterminate matters, including a proposed bypass that may affect the development, and instead scheduled a second Case Management Conference to update the status of the appeals and finalize the procedural order.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Township of Oro-Medonte's new Official Plan.

Following the enactment of Bill 185, the appeal by the Oro-Medonte Association of Responsible STRs was dismissed.

The Association requested that a member be substituted as an appellant, which the Tribunal denied as the appeal period had lapsed.

However, the Tribunal permitted the submission of a Party Status Request to be added as a party sheltering under existing issues.

The Tribunal also approved the Issues List and scheduled a third Case Management Conference to address potential settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Township of Oro-Medonte's new Official Plan.

Prior to the hearing, two appellants withdrew their appeals.

The Township requested a delay in scheduling the hearing on the merits due to proposed Bill 185, which could retroactively remove the remaining appellants' appeal rights.

The Tribunal scheduled a second Case Management Conference for June 2024 to finalize the Procedural Order and Issues List, and to set hearing dates if necessary.

The County of Grey appealed a Committee of Adjustment decision granting consent for a lot boundary adjustment without a requested road-widening condition.

The applicant sought to convey an existing driveway to an abutting parcel.

The County requested a 5.182-metre road widening along Alfred Street West, consistent with its Official Plan policies for future growth and infrastructure expansion.

The Tribunal adopted the uncontested expert planning evidence that the road widening was required and represented good planning.

The appeal was allowed, and provisional consent was granted subject to the road widening condition.

The applicant appealed the Town's Committee of Adjustment refusal of applications to sever two new residential lots from the subject property.

The Ontario Land Tribunal allowed the appeal, relying on the uncontroverted expert planning evidence that the proposed lot creation is consistent with the Provincial Policy Statement, conforms to the applicable Official Plans, and represents appropriate infill development on full municipal services.

Provisional consents were granted subject to conditions.

The Conservation Review Board and Ontario Municipal Board issued a procedural order for concurrent hearings regarding a property in the Town of Bradford West Gwillimbury.

The owners appealed the Town's failure to make a decision on consent applications, appealed a minor variance application, and objected to a notice of intention to designate the property under the Ontario Heritage Act.

The order sets the hearing dates, order of evidence, and disclosure requirements.