Coleman’s Notes: The People Lose Their Only Planning Appeal Support With Premier Ford’s Closing of the Local Planning Appeal Support Centre

The LPASC closure comes at a time that Ontario’s planning appeal framework is in a state of flux, with the new Local Appeal Planning Tribunal (LPAT) which replaced the Ontario Municipal Board (OMB) unsure if its authorities, requesting the Ontario Superior Court’s Divisional Court rule on a legal interpretation of LPAT’s governing legislation.

No Outdoor Entertainment on Hamilton Patios for Summer of 2018

Hamilton’s new patio entertainment by-law will not be decided by the Ontario Municipal Board in time for this year’s patio season.

This means the City’s previous ban on entertain on outdoor commercial patios will remain in effect for another patio season.

In a pre-hearing ruling issued Monday, the Ontario Municipal Board set hearing dates of September 25 to 27, 2018 for an appeal of the City’s new bylaw.

Divisional Court Upholds OMB Decisions in Oakville Glen Abbey Development Rulings

The Ontario Divisional Court delivered a rare ruling reviewing an Ontario Municipal Board decision on what constitutes a complete planning application.

This ruling is instructive to those considering appealing the Hamilton Ward Boundaries decision, I wrote in December about the tests of judicial review (Dunsmuir Test), and deference to specialized tribunals and bodies.

Why I Expect OMB Decision on Hamilton’s Ward Boundaries Will be a Landmark Province-Wide Precedent

During the past 20 years, the OMB has wrestled with municipal representation since the mega-amalgamations of the late stages of Premier Mike Harris’ government. With Hamilton’s Ward Boundary OMB hearing, ELTO Executive Chair Dr. Krushelnicki looks poised to set a framework to clarify how to balance numerous criteria and interests in creating municipal wards.