Table of Contents
June 30, 2023
The Honourable Doug Downey
Attorney General of Ontario
Ministry of the Attorney General
720 Bay Street, 11th Floor
Dear Attorney General Downey:
We are pleased to submit to you the 2022-23 Annual Report for the Ontario Land Tribunal.
This report reflects the activities of the Ontario Land Tribunal for the fiscal year ending March 31, 2023.
Since it was created in 2021, the integrated Tribunal has taken important steps to streamline our processes, eliminate the unnecessary overlap between cases and find efficiencies in our adjudication and mediation.
This year, the Tribunal received additional resources to invest in people and technology. The investments have strengthened our capacity to improve the scheduling of hearing events and issuance of decisions to support faster dispute resolution and thus to better serve Ontarians.
We look forward to continuing working with your ministry in the upcoming year.
Ontario Land Tribunal
Ontario Land Tribunal
I am pleased to report on our recent successes within this Annual Report.
On March 30, 2022, the government announced it would be investing $14.7 million over three years to address backlogs and accelerate decisions at the Ontario Land Tribunal (OLT). The investments will increase the number of Order In Council (OIC) members, case processing staff and expert land use planning mediators. The OLT also received funding for Information Technology (IT) platforms to improve access to online services.
The government further invested $2.5 million in other resources to support faster dispute resolution and to help reduce the overall caseload at the Tribunal following the introduction of The More Homes Built Faster Act, 2022, which received royal assent on November 28, 2022.
The OLT understands the important independent role it plays in resolving disputes that then leads to increases in the housing supply. We are actively engaged in recruitment efforts to fill existing vacancies with qualified candidates. We understand the significance of having a skilled and diverse workforce to handle the complexity of cases that come before us. We are working diligently to expedite the recruitment process and ensure we have the necessary expertise to provide efficient and effective dispute resolution services.
Additionally, we have invested in digital technology, making our services more user-friendly, more efficient and helping the Tribunal reduce the time between the filing of appeals and the scheduling of hearing events.
I am pleased to report that the use of expert land mediators and the expansion of OLT’s Mediation program has proven to be highly successful. Mediation offers parties a valuable opportunity to resolve their issues through facilitated discussions and negotiations to help settle disputes earlier and narrow issues for faster adjudication.
I am grateful to all our members and staff for continuing to ensure the delivery of timely, fair and principled resolutions for the matters that come before us, and I look forward to continuing working together to serve the people of Ontario.
Within this annual report, I am pleased to share the accomplishments of our staff and members during this past operating year for the Ontario Land Tribunal.
This year our organization was successful in improving our digital services to the public, supporting professional development of staff and creating a People-First workplace culture through significant improvements in the employee experience.
In 2022-23, an online case status service was launched on our website for the public to be able to look up the status of a case simply by the search of an address. Our website was also redesigned based on public user consultations to improve usability. Content is now easy to read and navigate, more visually appealing and up to date. In addition to our Appeal Guide, we have also created a Hearings Guide and Hearing Submission Guide to help the public better understand our processes. We will continue to update the site to communicate key information to the public.
The Tribunal also achieved very positive employee experience results. We remain committed to building a People-First workplace that supports anti-racism, diversity and inclusion, employee wellness and professional development. Our staff-led Anti-racism committee holds the organization accountable to initial and ongoing commitments outlined in the OLT’s Anti-Racism Action Plan.
Our Staff Professional Development strategy promotes training events, diversity programs, and wellness supports. We look forward to continuing to work on these priorities in the future.
I would like to thank staff and members for their work and accomplishments over this past year, and I look forward to continuing our work improving our services for the public.
The OLT was established on June 1, 2021, under the authority of section 2 of the Ontario Land Tribunal Act, 2021. The Act amalgamated and continues the Board of Negotiation under the Expropriations Act, the Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal, as the OLT.
The OLT adjudicates and mediates matters related to land use planning, environmental and heritage protection, expropriated land valuation, mining and other matters. It focuses on land-related dispute resolution to help increase the housing supply in the province, while balancing the needs of environmental protection and conservation.
The OLT holds proceedings throughout the province and promotes the early resolution of a multitude of matters using a variety of dispute resolution methods. It processes files from intake to closure, which may include issuance of decisions, orders and recommendations arising from pre-hearings and mediations, settlement conferences and, if required, a formal hearing.
The OLT and all who work within it are committed to providing access to justice and to high quality, independent, timely, fair and principled resolutions of the matters brought before them.
The OLT is led by the Chair, who is accountable to the Minister (Attorney General) for the performance of the OLT in fulfilling its mandate.
OLT decisions are made by appointed adjudicators who report to the Chair. Appointments are made by the Lieutenant Governor in Council and only those candidates who have been recommended by the Chair may be appointed.
The organization is also led by an Executive Director, who is responsible for supporting the Chair in the implementation of the OLT’s policies and operational decisions. The Executive Director is accountable to the Deputy Attorney General for the management of OLT’s operations. Staff are Ontario Public Servants and report to the Executive Director.
In 2022-2023, the OLT had a total of 87 allocated staff positions as outlined below and a complement of 45 full-time Order In Council appointees (see Appendix for a full list of appointees).
Ontario Land Tribunal Staff
|Area within the OLT||Number of Allocated Staff|
|Business Planning & Corporate Services||27|
* Please note that as of April 1, 2023, the OLT staff complement has been increased.
The Tribunal dedicates this section of the annual report to pay tribute to the esteemed colleagues who have passed away this past year, leaving behind a profound impact on the OLT and the communities it serves.
We acknowledge the exceptional life and dedicated service of Marie Hubbard, former Chair of the OLT and former mayor of the Town of Newcastle.
Ms. Hubbard played an instrumental role in establishing the OLT, which was a significant milestone as the new OLT will help reduce delays and make the land dispute resolution process more efficient.
The memory of Ms. Hubbard’s unwavering commitment to public service, the positive influence she left on the Tribunal and those she worked with, and her exceptional vision and leadership for the benefit of Ontarians will be remembered and cherished.
Richard Makuch was a Vice-Chair who made significant contributions to the Tribunal and its predecessor boards and tribunals over the past 18 years. Mr. Makuch’s expertise and mentorship has positively impacted many members and staff. Mr. Makuch will be remembered as an expert adjudicator of high regard and a remarkable colleague.
Tony Prevedel first joined the Tribunal in October of 2022. Prior to joining the OLT, Mr. Prevedel was a former Chief Administrative Officer and former Director of Operations for the City of Pickering, and a former Chief Administrative Officer for the Township of Cavan North Monaghan. Mr. Prevedel will be remembered for being a supportive colleague with an admirable commitment to excellence. Mr. Prevedel’s dedication and care for the work that we do will continue to inspire us all.Return to Top
The OLT updated its website to enhance the user experience and improve access to information on OLT’s cases and processes.
The improved content design makes it easier for users to find the information and resources they need to better understand OLT’s processes.
The OLT will continue to develop and expand its website services and functionality to improve the user experience and support access to justice.
The OLT has a case management system that integrates and modernizes the case management systems utilized by its predecessor tribunals. A considerable amount of work has been developed, including:
Additionally, development of a new online service for the submission of appeals has begun.
The OLT launched a pilot program for a new approach to mediation. External part-time mediators from the private industry, who have extensive experience with land use planning and land compensation expropriation, were retained to help deliver mediation services to settle complex land use planning disputes and narrow issues for faster adjudication, resulting in a more efficient hearing process.
Over the past two years, the program's success has drawn attention from stakeholders and received positive reviews from the media and development industry. As a result, there has been an increasing demand for Tribunal-led mediation to address various aspects of land use instruments. This year, OLT mediation has expanded beyond planning matters to include financial instruments such as development charges, park levies, community benefits, and land compensation. Mediation is also being used to tackle intricate cases subject to rehearing and court proceedings.
This year, cases that proceeded to OLT mediation have had a high rate of success. Of the 38 cases mediated, 36 were successfully resolved with positive outcomes. Mediation of issues leads to reduced hearing times and faster resolution of disputes.
|Mediation Assessments Held||88|
|Hearing Days Released||546|
The Ontario government has increased funding for the expansion of the OLT's mediation program. Moving forward, the OLT will continue to expand and refine its mediation processes for increased efficiencies in its dispute resolution and appeals processes.
Bill 23, the More Homes Built Faster Act, was introduced on October 25, 2022 to support Ontario's Housing Supply Action Plan. The Act received Royal Assent on November 28, 2022, and amended different pieces of legislation, including the Ontario Land Tribunal Act, 2021, as well as modifying who can file an appeal of certain municipal decisions under the Planning Act, and establishing new exemptions and restrictions under the Development Charges Act and the Ontario Heritage Act.
Once proclaimed, the amendments to the Ontario Land Tribunal Act, 2021 will:
The OLT recognizes the critical, independent role it plays in resolving disputes that will result in increasing the housing supply in Ontario. This year, the government announced it will provide additional resources to the OLT to hire additional OIC members, mediators, and case processing staff.
The investments address a key recommendation in the Report of the Ontario Housing Affordability Task Force which found the OLT to be under-resourced. Following the government announcement, the OLT has had 17 new Order In Council appointments.
The Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 requires the selection process for the appointment of new tribunal members to be competitive and merit based. It also requires that all new appointments have the support of the Chair, who makes recommendations of new members to Ontario’s Attorney General.
Adding to the Tribunal’s member and case processing staff complement continues to be a key priority and the OLT is determined to quickly fill vacancies to strengthen its capacity to schedule hearing events and issue decisions faster.
This year the OLT received positive results in the annual employee experience survey. With a 76% response rate, the survey highlighted significant improvements across all three indices: Employee Engagement, Inclusion, and Leadership.
Notably, the Leadership index saw a substantial improvement with staff expressing a strong belief that leaders at the OLT consistently align their actions with their words. Additionally, employees reported positive relationships with their managers, feeling supported, encouraged to learn, and empowered to take smart risks. The survey also revealed a prevalent sense of respect within the workplace.
Building upon these encouraging findings, the OLT intends to leverage the results to inform decision-making regarding Diversity and Inclusion, Employee Wellness, Professional Development, and Anti-Racism initiatives. By continuing to analyze the survey outcomes, the OLT aims to foster an even more inclusive, supportive, and fulfilling work environment for its employees.
Guided by the employee experience survey results, this year the OLT implemented a Professional Development strategy which focused on five key areas:
The OLT promoted training events to staff in the five key areas on a weekly basis and shared 292 training events in this fiscal year. Managers were supportive of learning and encouraged staff to attend and achieve their individual learning goals.
Additionally, the OLT developed a digital learning library which consists of additional resources such as guides, toolkits and self-directed learning modules to further support the creation of learning pathways for staff development.
The OLT remains committed to taking action to support employee health and well-being, creating a more inclusive workplace that celebrates diversity, building anti-racism competencies and providing career planning support to help our employees reach their full potential.
Professional development is an integral part of the organization. Training ensures Order In Council (OIC) members and staff have the knowledge and support to meet legislatively mandated timelines, the most relevant knowledge in legislation, administrative justice tools, and operational functions.
Across the organization, we have provided new members onboarding training sessions, conducted through remote platforms. Training is done collaboratively with other units throughout the organization and is facilitated internally by the Chair, Vice Chairs, Members, Registrar and Legal Counsel, externally with guest presenters, through interactive platforms such as Microsoft Teams, online modules self-directed study and job shadowing. The onboarding and training plan ensures that OICs are properly onboarded and trained to fulfill their roles as public servants.
The OLT maintains a comprehensive electronic library which supports professional development across the OLT. New content is developed on an ongoing basis to assist adjudicators and staff in their work and to address legislative and policy changes.Return to Top
The OLT is committed to building a diverse, inclusive and accessible environment to reflect the public we serve and respond to the needs of diverse stakeholder groups. Diversity objectives and outcomes in policies, processes and services ensure the public, staff and Order in Council (OIC) members have access to a space that is free from harassment and discrimination.
Staff are trained on their responsibilities to provide diverse, inclusive and accessible services and have completed the following courses:
In alignment with the Ontario Public Service Anti-Racism Policy, the OLT created an Anti-Racism Action Plan to support the advancement of anti-racism work across government, which will be updated every fiscal year.
The plan currently focuses on six initiatives:
The OLT is ensuring accountability by outlining specific accountability metrics, timelines for results, and monitoring accomplishments throughout the year. An anti-racism committee, led by staff, holds the organization accountable and supports the further development of OLT’s Anti-Racism Action Plan.
Important steps have been taken to build anti-racism competency and capacity, diversify the talent pipeline, and hold ourselves accountable for an anti-racist and inclusive workplace. However, there is still a lot more work to be done. The OLT looks forward to progressively working on its action plan to achieve meaningful change.Return to Top
OLT staff are provided with information on employee supports during the onboarding process. The list of supports includes information on employee networks, diversity mentorship programs, OPS Health and Safety Services, Employee and Family Assistance Program (EFAP), OPS Culturally Responsive Counselling Services (CRCS) and resources from the Centre for Employee Health, Safety and Wellness (CEHSW).
The OLT also encourages staff to access the AbilitiCBT program which is an internet-based cognitive behavioural therapy program available to support the mental health and well-being of all OPS employees.
All OLT staff must complete a mandatory e-module training program that focuses on vicarious trauma. This training is designed to:
Legacy Tribunal Caseload Statistics
Legacy cases are those that were filed with the predecessor tribunals, including the former Ontario Municipal Board (OMB), prior to the establishment of the OLT.
|Tribunal||# of Cases at April 1, 2022||# of Cases Resolved||# of Cases at March 31, 2023|
|LPAT (including OMB)||850||354||496|
The above table summarizes the active legacy caseload at the beginning of the fiscal year, the number of cases resolved and the active caseload at the end of the fiscal year.
|Case Type||Opening Caseload||Opening Active Appeals||Received Cases||Received Appeals||Resolved Cases||Resolved Appeals||Active Cases||Active Appeals|
|Expropriation/Hearing of Necessity||10||13||33||33||24||19||19||27|
|Heritage & Archaeology licensing||45||169||36||52||24||50||57||171|
|Mining & Lands||12||13||6||6||4||5||14||14|
|Municipal and Miscellaneous||84||84||99||293||39||39||144||338|
|Official Plan Amendment||361||1614||241||416||85||113||517||1917|
|Plan of Subdivision/ Condominium||101||101||58||58||10||10||149||149|
|Site Plan Approval||4||4||14||14||4||4||14||14|
|Zoning By-law Amendment||513||1349||422||517||142||157||793||1709|
The Tribunal received a steady stream of cases during the past fiscal year with similar intake numbers as recent years. Consistent with previous years, appeals of Official Plan Amendments (OPAs) and Zoning Bylaw Amendments (ZBAs) made up the largest proportion of case intake totals at 46%, followed by Consents and Minor Variance appeals at 21%. More cases were resolved than received for simple matters such as Minor Variance and Consents. However, the Tribunal received a significantly greater number of cases than it resolved for the more complex matters, such as OPAs, ZBAs and land compensation claims, resulting in a 35% increase in active caseload by the end of the fiscal year.
Although the overall active caseload increased, the Tribunal was very successful in reducing the legacy caseload volume. The total legacy caseload was reduced by 43%, including the complete elimination of the Board of Negotiation legacy caseload and an 82% reduction of the Environmental Review Tribunal’s legacy caseload.Return to Top
The OLT developed two public performance measures in 2022-23.
The first performance measure tracks the time from receipt of a case until the first hearing event. In 2022-23, 40% of cases had their first hearing event within 120 days. The targets for the next three fiscal years are as follows:
The second performance measure relates to time from the end of a hearing until the issuance of a decision. In 2022-23, 55% of decisions were issued within 30 days of hearing completion. The targets for the next three fiscal years are as follows:
These performance measures are designed to assess the OLT’s core business of resolving disputes in an accessible, fair and efficient manner, including whether cases are proceeding through the system in a timely manner and resources are effectively utilized. The OLT will continue to refine and expand its performance measures in subsequent years and identify additional metrics and benchmarks as necessary.Return to Top
The OLT’s financials for the 2022-23 fiscal year are reported below, for the period of April 1, 2022 to March 31, 2023.
The OLT is committed to continuing to review its business practices, identify efficiencies, and modernize and streamline practices and processes to deliver better service for people across the province.
Table 1: Ontario Land Tribunal Allocation and Expenditures
|Expenditures||2021-22 Actual||2022-23 Actual|
|Salaries and Wages||8,768,343||9,310,140|
|Transportation and Communications||83,170||102,457|
|Supplies and Equipment||97,752||121,984|
* As per 2022-23 Printed Estimates, OLT’s allocation was $15,609,000. Additional $2,039,400 investments were made through in-year Treasury Board approval to support Housing Affordability Task Force.
** User Seat costs of $189,400 is deducted from Services in the allocation for fiscal 2022-23, 2023-24 and fiscal 2024-25.
Table 2: Ontario Land Tribunal Revenue
|Application Filing Fees||2021-22||2022-2023|
|Ontario Land Tribunal||$996,599||$1,471,185|
Table 3: Remuneration of Appointees to Adjudicative Tribunals and Regulatory Agencies
Full-Time Appointees (Annual Remuneration)
Part-Time Appointees (Per Diem Remuneration)
First 2 Years
Next 3 Years
Final 5 Years
First 2 Years
Next 3 Years
Final 5 Years
Prof & Labour*
Table 4: Remuneration Paid to Ontario Land Tribunal’s Full-time and Part-time Members
|Full-time OIC Remuneration1||$3,232,916||$3,578,538|
|Part-time OIC Remuneration2||$420,190||$410,936|
Members of the OLT have continued to contribute to the ongoing improvement of the organization and the administrative justice system in Ontario.
|Name||Position and Classification||First Appointed Date||Last Appointment End Date|
|Ackerman, Robert||Full-Time Member||29-Sep-22||28-Sep-24|
|Andrews, Kurtis||Full-Time Member||25-Mar-21||24-Mar-26|
|Arnold, Debra||Part-Time Member||22-Dec-21||21-Dec-23|
|Arpino, Marianna ○||Full-Time Member||17-Oct-19||16-Oct-22|
|Best, Dan||Full-Time Member||17-Nov-22||16-Nov-24|
|Bhullar, Jatinder||Full-Time Member||10-Oct-19||09-Oct-23|
|Bishop, Gregory||Full-Time Alternate Chair||23-Jul-20||31-Dec-25|
|Full-Time Vice Chair||11-Jun-20||01-Jan-26|
|Bobka, Sarah||Full-Time Member||22-Dec-21||21-Dec-23|
|Blais, Jean-Pierre||Full-Time Member||03-Nov-22||02-Nov-24|
|Braun, Shannon||Full-Time Member||05-Nov-20||04-Nov-24|
|Brown, David||Full-Time Member||03-Nov-22||02-Nov-24|
|Burton, Gillian||Part-Time Vice Chair||29-Apr-21||28-Apr-25|
|Campbell, Jennifer||Part-Time Member||22-Dec-21||21-Dec-23|
|Chipman, Dale||Full-Time Member||17-Oct-19||16-Oct-23|
|Clos, Astrid||Part-Time Member||17-Nov-22||16-Nov-24|
|Colbourne, Douglas||Part-Time Vice Chair||29-Apr-21||28-Apr-25|
|Cooke, Steven||Full-Time Vice Chair||22-Dec-21||21-Dec-23|
|Cornacchia, Anthony||Part-Time Member||31-May-21||30-May-24|
|Croser, Gwen||Full-Time Member||01-Dec-22||30-Nov-24|
|Crowe, Eric||Full-Time Member||25-Nov-21||24-Nov-23|
|deBoer, Steve||Full-Time Member||25-Nov-21||24-Nov-23|
|Dixon, Steven||Full-Time Member||20-Oct-22||19-Oct-24|
|Eisazadeh, Nazanin||Full-Time Member||03-Nov-22||02-Nov-24|
|Gold, Jennifer||Part-Time Member||01-Dec-22||30-Nov-24|
|Hardy, Carrie||Full-Time Member||03-Nov-22||02-Nov-24|
|Hubbard, Marie ○||Full-Time Chair||01-Jul-20||31-Dec-23|
|Ingram, Gregory||Part-Time Member||08-Dec-22||07-Dec-24|
|Kraljevic, Michael||Full-Time Chair||11-Aug-22||10-Feb-28|
|Lanthier, David||Full-Time Vice-Chair||27-Feb-20||26-Feb-25|
|Makuch, Richard, G.M. ○||Full-Time Vice-Chair||07-Jun-17||06-Jun-24|
|Mann, Simranjeet||Full-Time Member||22-Dec-21||21-Dec-23|
|Mastoras, Steven||Full-Time Member||15-Dec-22||14-Dec-24|
|Middleton, William||Full-Time Vice-Chair||20-Oct-22||19-Oct-24|
|Morris, Warren||Part-Time Member||10-May-17||25-Jul-27|
|Nelson, Daniel||Part-Time Member||22-Oct-14||24-Oct-24|
|Ng, Tee Fung||Full-Time Member||10-Oct-19||09-Oct-25|
|Prevedel, Tony ○||Full-Time Member||08-Oct-20||07-Oct-24|
|Rajaee, Bita||Full-Time Member||17-Feb-22||16-Feb-24|
|Sauve, Aaron||Full-Time Member||03-Nov-22||02-Nov-24|
|Robinson, Nicholas ○||Full-Time Vice Chair||22-Dec-21||02-May-22|
|Russo, Mario ○||Full-Time Member||17-Sep-20||16-Sep-22|
|Sills, Mary-Ann||Full-Time Vice-Chair||25-Oct-19||25-Oct-25|
|Smith, Kurtis||Full-Time Member||20-Oct-22||19-Oct-24|
|Steinberg, Robert||Part-Time Vice-Chair||03-Nov-22||02-Nov-24|
|Taylor, Blair S.||Part-Time Vice-Chair||03-Nov-22||02-Nov-24|
|Tomilin, Pavel||Full-Time Member||25-Nov-21||24-Nov-23|
|Tousaw, Scott||Full-Time Vice-Chair||20-Oct-22||19-Oct-24|
|Tucci, Carmine||Full-Time Member||17-Jan-20||16-Jan-25|
|Tuckey, Bryan||Part-Time Member||12-Dec-19||11-Dec-24|
|Vincent, Sharyn||Full-Time Vice-Chair||01-Jul-20||08-Jan-26|
|Wilkins, Hugh||Full-Time Vice-Chair||20-Oct-22||19-Oct-24|
○ Symbol indicates:
Appointees who were no longer Appointees of the Ontario Land Tribunal as of March 31, 2023.
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