Priority Settlement Hearings for Former Ontario Municipal Board Matters
To promote the early resolution of disputes, the Ontario Land Tribunal (Tribunal) will be offering priority settlement hearing times. These priority hearing times are only offered for matters received by the former Ontario Municipal Board (OMB) prior to April 3, 2018.
Priority hearing times would typically occur the last week of every month at the Tribunal’s office at 655 Bay Street in Toronto. Up to four priority settlement hearings could be heard per day, docket-style and would occur either by appearance, telephone conference or a combination.
Priority settlement hearings deal with matters where all of the parties or known parties to the appeal are in agreement with a resolution. If there is no agreement between all of the parties or known parties, a priority settlement hearing will not be scheduled.
Only matters which meet the following criteria are eligible for a priority hearing:
- Held at least one Case Management Pre-hearing Conference or a first hearing event
- Identified all interested parties and participants
- A prepared issues list that identifies the issues arising in the appeal(s)
- Confirmation that all persons on the notice list do not intend to participate in the hearing or are in support of the settlement
- A settlement which addresses all issues raised in the appeal(s)
It is unlikely that a priority settlement hearing will be scheduled before a first hearing event or if it is evident that there are persons with an interest who might seek party status at the first hearing event.
To request a priority settlement hearing, please submit these filing materials to the Tribunal:
- Priority Settlement Hearing Request Form (HTML | Word)
- Signed settlement agreement
- Affidavit of planning evidence that supports the settlement and demonstrates that the proposal complies with all statutory instruments and is good planning
- Draft order(s), including instrument(s) to be approved
- Written confirmation that all persons on the notice list do not intend to participate in the hearing or are in support of the settlement
The Tribunal will review the submission and decide if your matter should be assigned to a priority settlement hearing block.
More information about “Settlements Before a Tribunal Proceeding” can be found in Rule 12 of the Tribunal’s Rules of Practice and Procedure.