Recent Changes Throw A Curve At Land Use Dispute Mediation

There has been a considerable increase in the use of mediation to resolve land use disputes in Ontario in recent years. However, recent changes have cast doubt over the continued use of mediation to resolve planning disputes.

Mediation under the Ontario Municipal Board

Parties to planning disputes (typically applicants, objecting neighbours, municipalities and provincial ministries) have been authorized to request alternate dispute resolution (ADR), including mediation, on discretionary basis since 1994 under the Planning Act. Mediation increased significantly in the past few years, due to legislative changes, new decision-makers and increasing hearing costs.

Bill 73, which came into force in 2016, allowed the use of ADR for specific planning approvals, including official plans, rezonings, plans of subdivision and consents. It also encouraged municipal councils to use mediation prior to appeals to the OMB and extended timelines for forwarding appeal records if