Quote:
Originally Posted by Steely Dan
^ but doesn't Canada have civil courts where "concerned citizens" can just tie up anything that they don't like in indefinite litigation without end?
Maybe Canada just isn't as lawsuit-happy as the the US is? Or maybe Canadian courts just have much lower tolerance for those kinds of painfully transparent stall tactics?
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I think the gist of the answer to your question is already out there.
But maybe I can build on that a bit.
1) The Ontario Land Tribunal IS the first place any appeal of a land-use decision must go. You can't go to civil court first, its not a choice.
The venue for dispute is decided by law.
2) OLT decisions can't be easily appealed.
3) Finally, certain types of decisions can't be appealed at all.
Let me then elaborate on the above.
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On #2
Neither the failure to comply with the rules, nor the exercise of discretion, is a ground to set aside an OLT decision on an application for judicial review or an appeal, unless the OLT’s failure or exercise of its discretion causes a substantial wrong affecting the final disposition of a proceeding.
Taken from:
https://www.osler.com/en/resources/r...mental-matters
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On #3
Limits on appeals
Under the Planning Act, there are specific matters that cannot be appealed to the Ontario Land Tribunal. Generally, there are no appeals for matters related to:
- official plan policies and zoning bylaw provisions authorizing additional residential units (for example, basement apartments, accessory units)
-official plan policies and zoning bylaw provisions that relate to inclusionary zoning
-official plans/amendments that implement certain matters with previous provincial approval, such as source water protection boundaries, A Place to Grow: Growth Plan for the Greater Golden Horseshoe employment and population projections, and Greenbelt Plan boundaries
-official plan policies and zoning bylaw provisions that designate and zone lands identified as a Protected Major Transit Station Area (lands around stations/stops for rail, subway and certain other forms of transit that are protected by official plan policies)
-to accommodate densities (number of people, jobs and building floor area per hectare) that support transit
Taken from:
https://www.ontario.ca/document/citi...unal#section-1