A. Biggart

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Curated North Inc. against the City of Markham's failure to decide on Official Plan and Zoning By-law Amendment applications for a 40-storey residential building.

The Tribunal granted party status to Canadian National Railway Company and Sunfield Homes Ltd., and participant status to a local residents' group.

Over the City's objections that a hearing would be premature pending an ongoing land use study, the Tribunal scheduled a 12-day merit hearing for September 2024 and a second CMC for January 2024, approving the Procedural Order and Issues List.

The Tribunal held a third Case Management Conference regarding appeals from the City of Toronto's failure to make a decision on zoning by-law amendment applications for a mixed-use development at 309 Cherry Street.

The applicant requested a further CMC in June 2024 to allow time to review the outcomes of the City's ongoing review of the Port Lands Official Plan, which may necessitate changes to the proposed zoning or an Official Plan Amendment.

The Tribunal granted the request and scheduled a further CMC.

The Ontario Land Tribunal held a third Case Management Conference regarding an appeal of the Town of Oakville's Town-Wide Development Charges By-law No. 2022.068.

The parties submitted a finalized Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a five-day hearing on the merits to commence on April 22, 2024.

A second Case Management Conference was held regarding an appeal of the Town of Oakville's Town-wide Development Charges By-law.

The parties agreed on most of the draft Procedural Order but requested an additional month to refine the Issues List.

The Tribunal directed the parties to submit a finalized Issues List or their preferred versions prior to the next Case Management Conference.

The City of Toronto and the appellant, Samuel Sarick Limited, reached a settlement regarding an appeal of Official Plan Amendment 231 as it applies to the lands at 1911 and 1921 Eglinton Avenue East.

The settlement proposed redesignating the lands from General Employment Areas to Regeneration Areas and adding a new site and area specific policy to guide development.

Based on the uncontested expert planning evidence, the Tribunal found the proposed modifications represented good planning, were consistent with provincial policies, and conformed to the Growth Plan.

The Tribunal approved the settlement and allowed the appeal in part.

The appellants appealed the City of Toronto's Official Plan Amendment 231 regarding employment area policies and designations.

The parties reached a settlement to redesignate the subject lands from General and Core Employment Areas to Mixed Use Areas, subject to a new Site and Area Specific Policy requiring employment uses to be developed prior to or concurrently with residential uses, and securing affordable housing.

Based on uncontested expert planning evidence, the Tribunal approved the settlement and modified OPA 231 accordingly.

The appellants appealed the City of Mississauga's Official Plan Amendment No. 115 (OPA-115), which mandated that a minimum of 10% of housing units in certain residential developments be provided as below-market affordable housing.

The appellants argued that these policies were tantamount to Inclusionary Zoning and were ultra vires the Planning Act.

The Tribunal found that while the policies did not formally constitute Inclusionary Zoning, they were tantamount to it.

Furthermore, the Tribunal held that the City failed to demonstrate that the mandated affordable housing policies were 'practicable' as required by section 16(1)(a.1) of the Planning Act.

Consequently, the Tribunal ruled that the mandatory affordable housing policies in OPA-115 were ultra vires the Act and allowed the appeals in part, striking down the offending policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

The Tribunal convened a Case Management Conference regarding appeals by the applicant against the respondent concerning development charges and site plan application fees.

The Tribunal scheduled a four-day merits hearing to be held by video and approved the Procedural Order to guide the proceedings.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the appellant against the respondent's Town-wide Development Charges By-law No. 2022.068.

The parties agreed on a timeline to move the appeal to a hearing on the merits.

The Tribunal directed the appellant to provide a draft Issues List and scheduled a second Case Management Conference to consider a final draft Procedural Order.

A second Case Management Conference was held regarding appeals by Lifetime Jackes Inc. against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 29-storey residential building.

The Tribunal granted participant status to the Avoca Vale Residents' Association on consent, confirmed the withdrawal of TSCC No. 1546 as a party, and scheduled a 17-day video hearing to commence in September 2024.

The parties were directed to submit a revised Procedural Order and Issues List.

The applicant appealed a Zoning By-law Amendment application to the Ontario Land Tribunal due to the City of Vaughan's failure to make a decision within 90 days.

The application sought to permit a 12-storey mixed-use building and a 3-storey townhouse block.

Prior to the hearing, the parties reached a settlement in principle on revised plans.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local official plans, representing good planning.

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

The Ontario Land Tribunal convened a settlement hearing for two site-specific appeals of the City of Toronto's Official Plan Amendment 231 (OPA 231).

The Tribunal deferred the settlement motion for Amexon Realty Inc. regarding 701-703 Evans Avenue due to insufficient notice to parties regarding related modifications to OPA 469.

The Tribunal approved the settlement motion for 2130254 Ontario Inc. regarding 51 Manstor Road, redesignating the lands from Core Employment Areas to General Employment Areas, finding the modification represented good planning and was consistent with provincial policies.

The Tribunal held a settlement hearing regarding appeals to the Phase 1A-Agriculture portion of the new Official Plan adopted by the City of Burlington and modified by the Regional Municipality of Halton.

Based on the uncontested expert planning evidence, the Tribunal found that the proposed modifications to the Official Plan policies concerning agricultural uses and the Natural Heritage System were consistent with the Provincial Policy Statement and conformed to the Growth Plan and the Region's Official Plan.

The Tribunal allowed the appeals in part and approved the modifications to the Official Plan.

The Ontario Land Tribunal held a case management conference to obtain status updates and set hearing dates for the remaining appeals (Phases 6C, 6D, 6E, 6F, and 6G) of the City of Toronto's Official Plan Amendment No. 231.

The Tribunal approved procedural orders for Phases 6D and 6E, scheduled a settlement hearing for Phase 6C, set 10-day merit hearings for Phases 6D and 6E, and scheduled a further case management conference for Phase 6G.

A Case Management Conference was held to provide a status update on the City of Burlington's Official Plan conformity with Regional Official Plan Amendment No. 49 and Bill 23.

The Tribunal scheduled a 10-day hearing for Phase 1B (Natural Heritage) commencing December 4, 2023, and a 3-day hearing for Phase 1C (Aggregates) commencing October 11, 2023.

A further Case Management Conference was scheduled for July 7, 2023, to address any Procedural Order amendments.

The Procedural Order for Phase 1C was approved on consent.

The Tribunal convened a Case Management Conference regarding appeals for a 79-storey mixed-use development after the City failed to make a decision on zoning and site plan applications.

Several neighbouring property owners and condominium corporations requested party status.

Finding that their presence was necessary to adjudicate the issues effectively and that there was no prejudice to the applicant, the Tribunal granted the requests.

The Tribunal also approved the Procedural Order to govern the upcoming merits hearing.

The City of Burlington brought a motion seeking partial approval to bring into effect portions of its new Official Plan that were not subject to site-specific appeals.

The motion was opposed by Nelson Aggregates Co. and the Ontario Stone, Sand & Gravel Association, who argued that the motion materials did not accurately reflect all appealed sections and that partial approval without transition provisions would cause uncertainty.

The Tribunal found the respondent's grounds insufficient, noting that partial approval allows the planning process to move forward and that transition provisions do not override the Planning Act.

The Tribunal granted the motion, confirming the unappealed policies in full force and effect.