Ontario Land Tribunal appeals

What is a hearing?

A hearing is where the parties in an appeal cannot agree on the issues in dispute, and a member of the OLT hears submissions and evidence related to those issues to make its decision on the appeal. OLT hearings are typically held virtually. The OLT conducts its hearings to ensure fair, expeditious and cost-effective resolution of the appeal. 

What is the difference between a ‘party’ and a ‘participant’ in the appeals process? 

A party is directly involved in the process. A party is typically:

• the one(s) who appealed the decision
• the one(s) defending the decision

Others may request to be a party in an appeal, and must file a request and receive approval by the OLT.

Apply for party status

A party is expected to fully understand the issues in dispute and be involved throughout the entire appeal process. They are expected to file submissions to the OLT, present witness evidence and may question witness evidence at the OLT hearing and may question witness evidence of other parties. A party should be able to show how their involvement will help the Tribunal resolve the issues raised in the appeal.

A participant is someone who has an interest/stake in the outcome but is not involved in the decision or appeal. Participants could include:

• neighbours living close to a proposed development
• community groups and associations who support or oppose a project
• residents who spoke at meetings involving the project

Participants are people or groups who want their concerns or feedback on the record. They may only provide written submissions to the OLT regarding an appeal. To become a participant you must file a request through the OLT and receive approval.

Apply for participant status

Anyone interested in applying for party or participant status must submit their request at least 10 days before the first hearing event (usually a Case Management Conference). The OLT will decide on the status of your request at the first hearing event.

Can my neighbours or I be involved in an appeal? 

What is a Case Management Conference? 

A Case Management Conference is the first meeting held before the hearing officially begins to prepare everyone involved. It helps the OLT identify:

• parties and participants involved in the appeal
• the issues related to the disagreement
• whether or not settlement discussions (i.e. mediation) will help
• timelines and procedures leading up to a hearing 

Who is notified of a Case Management Conference? 

Are hearings open to the public? 

Most Hearings are open for anyone to attend. If you attend as a member of the public (not as a party), you can watch but not participate. In rare cases the OLT may choose to close parts of the hearing for privacy reasons, like financial or personal matters, or for mediation purposes.

To attend virtual or teleconference hearings, you will need to contact the case coordinator for call-in details. The case coordinator's information can be found on the case status page on the OLT's website.

If I file an appeal, do I need to hire a lawyer or paralegal? 

No. There is no requirement to hire someone to represent you. You may represent yourself in the matter. You will need to be prepared to:

• research and prepare your case
• submit relevant documents and follow all deadlines set by the OLT
• present evidence and submissions at the hearing

If you do choose to hire someone, they must be licensed by the Law Society of Ontario. You may also have a friend or relative help out under certain circumstances set by the OLT.

What happens if I miss a hearing? 

If you or your representative do not attend a hearing of an appeal you are involved in, the OLT could continue without you. This means a decision could be made in your absence. 

What is mediation?

Mediation is a voluntary, confidential process the OLT may encourage before a hearing. It is a private meeting led by a neutral mediator from the OLT. This means the person leading it has no interest or stake in the matter. Mediation is used to try to reach an agreement or settlement without needing to go through a full hearing. If a settlement is reached through mediation, the OLT typically needs to approve and finalize that settlement.

Is mediation open to the public? 

No, mediation is confidential between the parties in the appeal. Mediation sessions are not open to the public. 

How does the OLT make its decision in a hearing? 

The OLT’s goal is to consider all evidence presented, and make a decision that meets the laws and policies that apply to the matter under the appeal (e.g. the Planning and Provincial Planning Statement relating to a zoning bylaw amendment decision under appeal).

The decision is provided with written reasons explaining how it meets the above regulations. The OLT aims for its decisions to be made in a way that meets core values of accessibility, fairness, transparency, timeliness, integrity, professionalism and independence. 

How do I get notified of an OLT decision? 

What if I disagree with the OLT Decision? 

If you are a party in the hearing, you may request the OLT review the decision within 30 days if you feel there was:

• an error
• a violation of the rules
• new information not available at the time of the hearing that could have changed the decision

In many cases, the decision of the OLT may be appealed to the Divisional Court, but only on a question of law.