Hodero Holdings Ltd. v. Halton (Region). PL180499. May 13, 2020.
Acted on behalf of the Town of Halton Hills. Case dealt with modified policies through a settlement to permit the development of the lands for major employment uses.
Ministry of Municipal Affairs and Housing v. Peel (Region). PL 190371. September 11, 2020.
Acted on behalf of the Town of Halton Hills and the Region of Halton. Decision resolved the appeal of Peel Official Amendment No. 32 and dealt with Aggregate Resources mapping and GTA West Corridor protection.
Cytec Canada Inc. v. Niagara Falls (City). PL 150852. April 1, 2020.
Acted on behalf of Cytec dealing with the approval of a severance and minor variance applications sought by a neighbouring landowner.
Mattamy v. Halton Hills (Town). PL 170219. May 1, 2019.
Acted on behalf of the Town of Halton Hills. The Tribunal approved a negotiated settlement dealing with Natural Heritage policies in the Region of Halton Official Plan.
Longworth v. Halton Hills (Town). PL 180800. April 9, 2019.
Acted on behalf of the Town of Halton Hills. Imposition of additional conditions on a variance to minimize the impact on the heritage features of a townhouse building.
Greenwood Construction Company Limited v. East Garafraxa (Township). PL 151041, February 8, 2019.
Acted on behalf of the Township of East Garafraxa and the County of Dufferin. This was a settlement hearing dealing with the approval of an Official Plan Amendment, Zoning By-law, and licence applications under the Aggregate Resources Act for the expansion of two pits. The municipalities also obtained a development agreement dealing with a multitude of matters including upgrades to the haul route.
Halton Hills (Town) and Halton (Region) and Eden Oak (Creditview Heights) Inc. PL 150 128, April 3, 2017.
Acted on behalf of the Town and Region. The Town, Region and CVC supported a settlement plan approved by the Board. This resulted in the approval of a 31 lot draft plan of subdivision in the Hamlet of Glen Williams in Halton Hills. Issues included lot yield, the conveyance of sensitive natural heritage lands into public ownership, implementation of zoning by-law provisions together with architectural controls and urban design guidelines to achieve conformity with the Secondary Plan, tree compensation, and the resolution of stormwater management issues, including the design of a two cell stormwater management facility.
Halton Hills (Town) and Halton (Region) and Silvercreek Commercial Builders Inc. PL 160870, March 17, 2017.
Acted on behalf of the Town and Region. Through Board assisted mediation and the subsequent Board issued Decision, the Board approved a 10 storey mixed use residential and commercial development in downtown Georgetown with the commercial uses at grade. Utilizing a section 37 agreement, the resolution included the reconstruction and restoration of the facades of the historic McGibbon Hotel as an integral part of the development, and also included the payment of monies towards heritage conservation initiatives to increase the historic connection to Downtown Georgetown and/or for the provision of additional public facilities and improvements within and adjacent to Downtown Georgetown to increase the vitality of the Downtown area.
Cytec Canada Inc. City of Niagara Falls. PL111325, October 24, 2014.
Acted on behalf of Cytec Canada to successfully resolve its concerns regarding environmental and natural heritage system mapping in the City’s Official Plan Amendment.
Preston Sand and Gravel Company Limited v. CRAND. (2014) 79 O.M.B.R. 347.
Acted on behalf of the aggregate company to successfully obtain approval of its proposal to zone and licence an above water table gravel pit. Issues included the failure of the residents’ group to comply with the Procedural Order; the residents’ group allegation of bias against the OMB member; and, issues regarding the appropriate conduct of the hearing. The residents’ group has sought permission to appeal the Decision to the Courts.
Amaranth (Township) and Allto Investments Holdings. (2014) 80 O.M.B.R. 240. Acted on behalf of the Township to successfully secure a costs award against the appellant owing to the failure of the appellant to comply with the directives and orders of the OMB. The appellant’s failures caused the Township to incur substantial costs to ensure that the appellant appropriately restored and rehabilitated the peat fields where the appellant had illegally extracted peat.
Halton Hills (Town) and Queen Street Acton East Development Inc. PL130140, January 28, 2014.
Acted on behalf of the Town to secure the approval of a proposed supermarket in Acton.
Grand Valley (Town) and Ministry of Municipal Affairs. PL130625, January 24, 2014.
Acted on behalf of the Town through Board assisted mediation and subsequent Board issued Decision. The Board Decision/Order approved OPA No. 4 which expanded the urban area of the Village and also redesignated and reallocated various employment and residential lands within the Village relying on the Town’s land supply analysis which demonstrated conformity with the Growth Plan.
Miller v. Ministry of Municipal Affairs. (2013) 76 O.M.B.R. 465.
Acted on behalf of the landowner in the Town of Fort Erie to include those lands within the urban area. Successfully obtained a ruling that the Official Plan Amendments to amend the urban area and redesignate lands for residential development were transitioned under the Growth Plan Transition Regulation 311/06. The Divisional Court subsequently denied the Province’s motion for leave to appeal the Board Decision resulting in the OMB Decision being upheld. The Province amended the Planning Act partly as a result of this case.
Preston Sand and Gravel Company Limited and Woolwich (Township). PL110809, February 1, 2013.
Acted on behalf of the aggregate company to successfully obtain approval of a gravel pit opposed by the surrounding residents. The matter proceeded through Board assisted mediation and subsequent Board issued Decision which approved the Zoning By-law. Issues included noise, visual impact, hydrogeology, traffic, recycling and a holding provision within the Zoning By-law regarding underwater extraction.
Lundy v. East Garafraxa (Township). PL120517, January 25, 2013.
Acted on behalf of the Township to successfully oppose a severance for a dwelling proposed to be surplus to a farm. Issues included Minimum Distance Separation Distance (MDS) and the interpretation of the Provincial Policy Statement (PPS), Official Plan and Zoning By-law.
East Garafraxa (Township) and A-Line Developments Inc. PL111173, September 27, 2012.
Acted on behalf of the Township through Ontario Municipal Board assisted mediation and subsequent OMB issued Decision which approved the zoning and draft plan of subdivision for estate residential lots. The approvals included dealing with the satisfaction of a best efforts clause, stormwater design, a well monitoring program, and parkland dedication.
Cytec Canada Inc. and Terma Holdings Inc. PL090224, August 31, 2012.
Acted on behalf of Cytec Canada regarding its issues with the upstream development proposed by Terma Holdings and their potential impact on Cytec’s ongoing operations.
Halton Hills (Town) and Eden Oak (Main Street) Inc. MM110043, March 15, 2012.
Acted on behalf of the Town with respect to parkland valuation issues. The Ontario Municipal Board Decision interprets the provisions of the Planning Act and the Building Code Act to reconcile the competing timelines within the statutes and determines the appropriate valuation date.
Halton (Region) and Halton Hills (Town) and Georgetown Estates Corporation. PL110970, February 22, 2012.
Acted on behalf of the Region and Town dealing with HPBATS, the Norval Bypass and the acquisition of lands to preserve the corridor.
Halton Hills (Town) re Comprehensive Zoning By-law 2010-0050. PL100931, February 1, 2011.
Acted on behalf of the Town to scope the appeals of the appellants so as to bring into full force and effect the Town’s new Zoning By-law and subsequently dealt with the appeals of the various appellants on corridor protection and drive through restaurant matters.
Preston Sand and Gravel Company Limited v. Puslinch (Township). PL090122, March 10, 2010.
Acted on behalf of the aggregate company to obtain approval of its proposal to zone and licence a pit including extraction below the water table. Issues included environmental, hydrogeology, noise, dust, traffic, social impact analyses re the haul route, and the establishment of a private haul route, and official plan conformity.
Amaranth (Township) and Edelbrock Bros. Limited. PL050096, March 16, 2010.
Acted on behalf of the Township to finalize the appeals on its 2004 Plan resulting in the confirmation of the boundaries of the Hamlet of Laurel. This confirmation recognized development lands consisting of approximately 100 lots on the eastern boundary of the Hamlet. Issues included the transition provisions of the Growth Plan; the agricultural capability of the lands and Minimum Separation Distances from agricultural operations on surrounding lands.
Amaranth (Township) and Allto Investments Holdings. PL050096, February 25, 2010.
Acted on behalf of the Township to deal with existing and proposed peat extraction operations. The Ontario Municipal Board approved modifications to the Township’s Official Plan resulting in the incorporation of peat extraction – industrial policies into the Plan.
Amaranth (Township) and Hamount Investments Limited/Valleygrove Investments Incorporated. PL030316, August 5, 2009.
Acted on behalf of the Township. The Ontario Municipal Board approved the zoning and conditions of draft plan approval for the estate residential subdivisions with a yield of 92 lots. Issues included the appropriate servicing of the subdivision with the resulting servicing being by a Township public water system and private septic systems with tertiary treatment; the establishment of this development in the vicinity of Town of Orangeville wells; the transition provisions of the Greenbelt Plan and the Growth Plan; and conditions of draft approval to address the continued maintenance of a pioneer cemetery and buffers to the existing butternut trees on the development lands.
The Murray Group Limited v. Centre Wellington (Township) and PERA. PL050956, May 12, 2008.
Acted on behalf of the aggregate company to obtain approval of the proposal to zone and license two gravel pits. Issues included environmental, hydrogeology, noise, dust, traffic, ecological assessment, fish habitat, proximity to a hamlet and official plan conformity.
Canadian Hydro Developers Inc. v. Amaranth (Township). (2007) 58 O.M.B.R. 236.
Acted on behalf of the Township on a wind turbine farm proposal, resulting in a settlement of the Township issues, secured in a number of development agreements. Primary issues at the hearing involved transformer noise and the operation of aerodromes in the vicinity of the proposed turbines, including constitutional issues regarding aeronautics being a federal undertaking.
Halton (Regional Municipality) v. Devins et al. (2007) 55 O.M.B.R. 474.
Successfully acted on behalf of the Region of Halton with respect to the decision on the development serviced by private septic tertiary treatment systems and boundary limits for hamlet of Glen Williams. The proposal was to service the development with the “Waterloo Biofilter”, a nitrate removal system. Review of Servicing guidelines and municipalities being more stringent in their guidelines than the Ministry of Environment.
Paletta International Corporation v. Regional Municipality of Halton. (2006) 54 O.M.B.R. 91.
Acted on behalf of the Region of Halton to bring a motion to dismiss the application on the basis that the Niagara Escarpment Planning and Development Act precluded the Board proceeding with the hearing, and seeking a determination of the Ontario Municipal Board with respect to the applicability of the “Clergy principle.” The Divisional Court subsequently set aside the Board’s decision on jurisdictional grounds.
Limerick (Township) v. Trident Members Inc. (2005) 52 O.M.B.R. 77.
Acted on behalf of the developer seeking to have approval of an additional 52 lots to be added to an 88 lot subdivision of which 31 lots were within 300 metres of the shoreline and were proposed to be serviced by septic systems including phosphorus tertiary treatment. The Ontario Municipal Board deferred consideration for a further period of observation and monitoring. Remaining additional lots were draft approved in separate hearings.
Limerick (Township) v. Hastings (County). (2004) 48 O.M.B.R. 299.
Successfully acted on behalf of a developer seeking a review of a prior settlement decision of the Ontario Municipal Board, as new scientific research and evidence warranted a rehearing. This is a leading decision on the Ontario Municipal Board’s section 43 review process. The decision also deals with lapsing condition and vacant land condominium approval.
Paletta v. Region of Halton and City of Burlington. PL020384, July 20, 2004.
Successfully acted on behalf of the Region of Halton to oppose the conversion of a parcel of land consisting of approximately 329 acres from employment lands to residential lands. Decision included an analysis of market issues including land supply and economic analysis.
Mono (Town) Official Plan Amendment No. 23. (2000) 41 O.M.B.R. 190.
Motion for dismissal based on the lack of filing of the requisite appeal fee on the Official Plan Amendment by the appellant.
Hoddinott v. Halton Hills (Town). (1999) 39 O.M.B.R. 325.
Review of the criteria for a vacant land condominium and the determination by the Ontario Municipal Board that it did not have jurisdiction to approve same as the Condominium Act refinements had not yet come into effect.
Babic v. Halton Hills (Town) Committee of Adjustment. (1997) 35 O.M.B.R. 35.
Successfully acted on behalf of the Town of Halton Hills. The Ontario Municipal Board confirmed that it neither had the jurisdiction to grant declaratory relief or the jurisdiction to permit the extension of the non-conforming use in these circumstances.
Muhos Development Corp. v. Mason (1993) 28 O.M.B.R. 495
Co-counsel. Secured an award of costs in favour of client owing to change by opposition of position at hearing.
