Land Tribunal Case Management meeting is short and not very productive. City chokes on 54 pages of 'issues' - offer to lift the ICBL a bit

By Staff

August 4th, 2021



The Ontario Land Tribunal held a Case Management Conference this morning that lasted just a little over an hour.

They didn’t get all that much done.

The City and the Region were required to provide time frames and firm commitments so that the 40+ appeals of the city’s adopted but not in force Official Plan could proceed.

Representatives from the city and the Region were supposed to provide a consolidated list of issues related to the appeals to the new official plan by July 23rd, they failed to provide this.

The city’s  legal team expressed surprise at the 54 pages of issues received, adding it simply was not possible to meet the deadline.

The list of consolidated issues is now expected to be ready by the 8th of September and will be discussed at the next Case Management Conference in October;, a time-frame the Commissioner hearing the appeals said seemed relatively expeditious-  not everyone saw it that way.

Denise Baker, representing the former Hamilton Halton Home Builders Association suggested the city was “punting” this matter down the road.

The city’s legal counsel said they would work toward lifting the Interim Control Bylaw on areas unaffected by the new zoning by-laws, they expected this to content parties –  this also proved unsatisfactory.

Representatives challenged the promise to lift the freeze as vague, ambiguous, and without a time frame.

More later today on this breaking story.


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4 comments to Land Tribunal Case Management meeting is short and not very productive. City chokes on 54 pages of ‘issues’ – offer to lift the ICBL a bit

  • Perry our well eidenced audits show it is the city and regiion who have used deceit and buried public documents to try to get what they want not the developers. Our email and phone are easily found and we can send you the factum and affidavit that is being ignored by Minister Clark and the OLT that sets out the Burlington new official plan scam in a way even our teenage grandcnild can understand. Dont judge until you have got the facts and have made a proper effort to ensure you and the rest of our city are not the victim of the champions of spin as our audit files show we have been since December, 2014.

  • perryb

    Time is long past to kill the OMB. ooops LPAT. ooops OLT. Well-heeled developers can so easily overwhelm any opposition with lawyers and paperwork and comfortable tribunal judges (yes, they act like judges).

  • We almost choked when member Tousaw saw an October CMC as expeditious! Not a word from member Tousaw that the Region/City failed to meet an ordered deadline set with their approval June 11, 2021 and then, believe it or not, failed to let parties know that they would not make the June 23, 2021 ordered deadline until very shortly before the long weekend commenced. This is a member who refused us an extra day to deal with a motion when our printer, Staples, was on lockdown and city hall was not providing commissioning services and we were unsure that McKenna could.. Make no mistake it was the May 31, 2021 decision of Vice-Chair Sills who raked the City over the coals for their refusals over the last three years to provide exemptions to the ICBL and then raise no objections to such happening when Tribunal; motions were forced on those like Better Life (Maple Villa)trying to bring more LTC beds to Burlington, that has initiated the city talking about but not coming up with any firm commitments on the “ICBL unfreeze”.

    Denise Baker tried her best but she is no match for member Tousaw and his “expeditious comments”. Tousaw allows the City to set the Tribunal CMC agenda and run the show. He failed to comment on the city and region lack of respect for his orders and then remains quiet when city counsel barks at his “friend” that she has no reason to complain about member Tousaw’s orders/directions she should just obey them like everyone else. What a very messy three ring circus this is developing into with the worst yet to come if Minister Clark remains as silent as he has on the well-evidemced legitimacy issues that are in his and his representatives hands. .