Adam Brown

This was the third Case Management Conference regarding appeals of the City of Toronto's Zoning By-law No. 63-2024 for the Yonge-Eglinton Secondary Plan area.

Several appeals were withdrawn, and the remaining appellants agreed to scope their appeals to be site-specific and adjourn them sine die.

The Tribunal acknowledged the withdrawals, adjourned the remaining site-specific appeals sine die, released the scheduled 10-day hearing dates, and directed the parties to provide a status update within one year.

The Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Zoning By-law No. 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The City requested additional time to continue discussions with the appellants to scope issues and explore potential settlements.

The Tribunal directed the City to file a revised draft Procedural Order by December 2024, scheduled a third Case Management Conference for July 2025, and set a 10-day hearing for October 2025.

The Ontario Land Tribunal held a case management conference regarding multiple appeals against the City of Toronto's Official Plan Amendment No. 588 and By-law No. 1144-2022, which concern alternative parkland dedication rates.

The City requested consolidation of the appeals.

The Tribunal determined that the site-specific appeals of the OPA are distinguishable from the general appeals of the by-law, and ordered that the matters be heard together but not consolidated.

The Tribunal directed the City to provide a written status report by December 20, 2024, as the parties await a provincial regulation related to section 42 of the Planning Act.

The Ontario Land Tribunal held a first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings leading up to and including a 21-day hearing scheduled to commence on June 3, 2024.

The hearing concerns appeals of the City of Toronto's Proposed Official Plan Amendment No. 183 and By-law No. 235-2-16, which designates the Historic Yonge Street Heritage Conservation District and Plan.

At a Case Management Conference for appeals of a Zoning By-law Amendment, the Tribunal granted party status to the property owner and a neighbouring developer.

The appellants, who attended with limited-retainer counsel, requested an adjournment to retain specialized municipal counsel and respond to the applicant's motions for summary dismissal.

The Tribunal granted the adjournment, finding that the prejudice to the appellants of proceeding without proper counsel outweighed any prejudice to the applicant, and scheduled a second Case Management Conference to hear the motions and finalize the procedural order.

The appellants appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments to permit high-rise mixed-use developments at 399-415 Yonge Street.

Following Tribunal-led mediation, the parties reached a settlement endorsed by City Council.

The Tribunal allowed the appeals in part to give effect to the settlement, finding that the revised proposals, including traffic and servicing improvements, represented good planning.

The Tribunal held a Case Management Conference for consolidated appeals regarding proposed high-rise developments on Yonge Street.

The parties disputed the wording of the draft Procedural Order and the inclusion of adjacent lands in a revised Official Plan Amendment.

The Tribunal directed the parties to submit a final draft Procedural Order and consolidated Issues List following the upcoming City Council meeting.

The applicant brought a motion to dismiss an appeal of a Zoning By-law Amendment that would permit an 18-storey mixed-use building.

The appellant neighbourhood association argued the City failed to consider public concerns and the proposal did not conform to planning policies.

The Tribunal found the appeal raised no legitimate land use planning grounds, relied on unsubstantiated apprehensions, and lacked supporting expert evidence.

The motion was granted and the appeal dismissed without a hearing pursuant to s. 34(25) of the Planning Act and s. 19(1)(c) of the Ontario Land Tribunal Act.

The Appellant appealed a zoning by-law amendment permitting an 18-storey mixed-use building.

At the first Case Management Conference, the Appellant's representative requested subpoenas for the City's expert witnesses, which the Tribunal denied, noting the Applicant's experts were sufficient and the City supported the development.

Due to the Appellant's failure to provide a proper Issues List, the Tribunal issued directives and set hearing dates, pending a decision on a previously heard Motion to Dismiss.

The applicant 399Y Corporation brought a motion to consolidate its appeals regarding a proposed 75-storey mixed-use building with the appeals of 415 Yonge Holding Ltd. regarding a proposed 42-storey addition, both located within the same block.

The City of Toronto opposed the consolidation, citing prejudice due to the need for Council direction and the lack of a community consultation meeting for the 399Y appeal.

The Tribunal granted the motion to consolidate, finding that dealing with the combined context through a block planning lens would ensure the efficient and effective use of the Tribunal's time and that of the parties, and maintained the scheduled hearing dates.

A Case Management Conference was held regarding appeals of the City of Toronto's Official Plan Amendment No. 183 and the Historic Yonge Street Heritage Conservation District.

The Tribunal scheduled a further CMC for July 2023 to allow the City to finalize a revised HCD plan and for parties to scope issues.

The Tribunal declined to schedule a merits hearing, finding it premature.

A request by a new property owner to assume a withdrawn appeal was deferred, with a scheduled motion date vacated on consent of the parties.

The Ontario Land Tribunal held a Case Management Conference regarding appeals for a zoning by-law amendment and an official plan amendment to permit a 42-storey addition on an existing building.

The Tribunal ordered the consolidation of the two appeals.

Additionally, the Tribunal directed the City of Toronto to provide its comments on the revised application and a draft Issues List by specified dates to facilitate the preparation of a Procedural Order for the upcoming merits hearing.

The Tribunal held a fifth Case Management Conference regarding an appeal of the City of Toronto's refusal to amend a zoning by-law to permit a 42-storey addition. 399Y Corporation was granted party status on consent.

The Tribunal scheduled further Case Management Conferences and a 10-day hearing on the merits, while the parties continue mediation and a block plan study.

The applicants appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments required to facilitate a phased mixed-use redevelopment of the Eglinton Square Shopping Centre.

The parties reached a settlement proposing a comprehensive transit-supportive development with new public streets, parks, and a mix of tall and mid-rise buildings.

Relying on the uncontested affidavit evidence of a land use planner, the Tribunal found the settlement consistent with provincial policy, in conformity with the Growth Plan and City Official Plan, and representative of good planning.

The appeals were allowed in part to approve the amended planning instruments.

The appellants appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a mixed-use development.

At the fourth Case Management Conference, the Tribunal was advised that City Council's decision was imminent.

The Tribunal directed the parties to provide necessary planning instruments and affidavits by August 2, 2022, and scheduled a further Telephone Conference Call for August 4, 2022, to review the materials for a written hearing.

The appellants appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a mixed-use development.

At the first Case Management Conference, the Tribunal consolidated two related appeals on consent.

The Tribunal also granted party status to an adjacent property owner, Metro Ontario Real Estate Limited, finding its participation necessary for effective adjudication.

A second Case Management Conference was scheduled to facilitate ongoing settlement discussions.

The applicant appealed the City of Toronto's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and site plan approval to permit a 164-unit townhouse development.

The parties reached a settlement proposal which was endorsed by City Council.

Based on uncontroverted expert planning evidence, the Tribunal found the proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Official Plan, and represented good planning.

The appeals were allowed in part to approve the instruments in principle, with final orders withheld pending the satisfaction of conditions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 499 (the 'Golden Mile' secondary plan).

The Tribunal granted party status to three non-appellant entities, subject to their sheltering under existing issues.

The Tribunal noted that the parties have agreed to Tribunal-led mediation and found it premature to require the preparation of an Issues List until mediation is completed.

A second Case Management Conference was scheduled for October 2021.

The Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 499 (the 'Golden Mile' secondary plan).

Three non-appellant entities were granted party status on consent, subject to the requirement that they shelter under issues raised by existing appellants.

The Tribunal noted that the parties agreed to enter Tribunal-led mediation to scope issues and find common ground.

The Tribunal found it premature to require the parties to finalize an Issues List before the conclusion of mediation, but ordered the City to submit a draft Issues List prior to the next CMC.

A second CMC was scheduled for October 2021.