Case Results


Equitable Distribution of Parks and PPS Railway Separation:

June 2022

In Mitchell v. City of Kenora, 2022 CanLII 58199 (ON LT), the appellant sought to challenge a zoning by-law amendment and Official Plan amendment authorizing a change of land use from park and open space to market residential and other uses. Relying upon PPS 2020 policy 1.5.1 and the City Official Plan, the Tribunal held that proposed ZBA and OPA were not consistent with the PPS and did not conform to the City OP upon the equitable distribution of parks in the City. Similarly, it held per PPS policy 1.2.6 and the City Official Plan were not complied with regarding the vicinity of rail facilities to planned sensitive uses including housing and the need to assess alternative sites, adverse effects and any necessary mitigation. 

Practice area(s): Land Use / Zoning

Court: Ontario Land Tribunal

Chantelle Bryson

Chantelle is an experienced counsel in all areas of Municipal and Land Use Planning, Employment and Labour, Professional Regulation and Administrative Law at large.

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