Appeals

The Province of Ontario maintains an appeal system through provisions of the Planning
Act and Local Planning Appeal Tribunal Act that is unique across Canada in its function
and characteristics. Applicants have a legal right to file appeals to the Local Planning
Appeal Tribunal where decisions are not made within specified time frames as set out in
Provincial legislation. Both applicants and any other interested party may appeal
decisions of Council and Committee of Adjustment to the LPAT.
When an application is appealed to the LPAT the entire decision making process is taken
out of the hands of local elected officials and placed in the hands of a Provincially
appointed tribunal member. The LPAT is a quasi-judicial forum.

The LPAT has its own processes and even its own
terminology.

Planning staff and experts on subject matter provide witness statements, may be
subpoenaed to do so, provide oral testimony before the tribunal, and they are often cross
examined by lawyers as cases are made before the appointed tribunal member. For a
variety of reasons, appellants and municipalities periodically pursue settlements thereby
avoiding what can be, for municipalities expensive hearings. A two week hearing, for
instance, can cost a municipality more than $200,000 in preparation and hearing costs.