Blair S. Taylor

The Tribunal held a Case Management Conference regarding an appeal of a Zoning By-law Amendment application for a proposed 3-storey apartment building.

The Tribunal granted participant status to a neighbouring resident.

As the applicant also filed consent and site plan applications that were appealed, the Tribunal directed that the three matters be heard together and scheduled a second Case Management Conference to finalize the Procedural Order and Issues List.

The applicant appealed the Township of Norwich's refusal to amend its Zoning By-law to increase the permitted nutrient units on his 28-acre agricultural property from 170 to 233.3, which would facilitate the construction of a new veal barn.

The application was supported by the County planner and had received approval from OMAFRA for the Nutrient Management Strategy, with no objections from other agencies.

The Township had refused the application based on an alleged promise by the applicant not to construct further buildings, and raised concerns about overdevelopment.

The Tribunal allowed the appeal, finding no evidence to substantiate the Township's concerns and concluding that the proposed expansion represented good land use planning consistent with provincial and county policies.

The applicant appealed the municipality's failure to make a decision on a Zoning By-law Amendment application to permit a nine-storey institutional building.

Following Tribunal-led mediation, the parties reached a settlement involving reduced height, revised massing, and heritage considerations.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the municipality's Official Plan.

The Tribunal allowed the appeal in part, approved the draft Zoning By-law Amendment in principle, and adjourned the related Site Plan appeal sine die.

The Ontario Land Tribunal issued a final order amending the zoning by-laws for the property at 400-420 King Street West in Toronto.

The Tribunal had previously allowed the appeal in part and approved the proposed 47-storey mixed-use development in principle, withholding its final order until certain pre-conditions were met.

Having been advised that the pre-conditions, including the execution of a Section 37 agreement, were satisfied, the Tribunal ordered the amendments to the former City of Toronto Zoning By-law 438-86 and the City of Toronto Zoning By-law 569-2013.

A Case Management Conference was held regarding appeals by the applicant for the failure of the municipality to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision.

The Tribunal granted party status to the regional municipality and participant status to five individuals, subject to conditions.

The Tribunal also issued procedural directions and scheduled a two-day hearing on the merits.

The Tribunal held a Case Management Conference to obtain a status update and set a new hearing date for a land compensation claim under the Expropriations Act.

The parties agreed to proceed to a 6-day virtual hearing.

The Tribunal scheduled the hearing for March 7, 2022, and directed the parties to update the Procedural Order accordingly.

The Ontario Land Tribunal issued a procedural order governing the required procedures leading up to and including the hearing for an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 39-storey mixed-use building.

The hearing is scheduled to commence on March 21, 2022, for eight days.

The appellant appealed the quantum of a cash-in-lieu of parkland payment in the amount of $4,287,591.44.

At the scheduled hearing, the parties requested the matter proceed as a Case Management Conference to explore Tribunal-led mediation.

The Tribunal tabled the Town's motion for discovery and the draft Procedural Order, and scheduled a second Case Management Conference to allow parties to obtain mediation instructions.

A Case Management Conference was held regarding an appeal of the Township's refusal to amend a zoning by-law to permit a dock constructed without a building permit.

The Tribunal granted participant status to three individuals, directed the parties to submit a draft Issues List and Procedural Order, and scheduled a one-day video hearing.

The appellant appealed a development charge by-law but failed to appear at the scheduled video hearing.

After waiting the required time under the Tribunal's Rules of Practice and Procedure, the Tribunal dismissed the appeal for non-attendance.

The City requested $500 in costs, which the Tribunal declined to award at this time given the pandemic and the appellant's self-represented status, though without prejudice to a future request.

The applicant appealed City Council's decision to approve a zoning by-law amendment for seven townhouses but reject two detached dwellings at the rear of the subject lands.

The neighbouring appellants also appealed the decision.

The Tribunal allowed the applicant's appeal and dismissed the neighbours' appeal, finding that the inclusion of the detached dwellings represented a compact and efficient form of intensification that was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and implemented the City's Bayview Townhouse Design Guidelines.

The applicant sought a zoning by-law amendment to permit a motor vehicle wrecking yard where it currently operates a metal recycling facility.

The City of Burlington approved the rezoning, and the appellant, an abutting property owner, appealed the decision.

The Ontario Land Tribunal held a Case Management Conference to organize the hearing.

The Tribunal issued a procedural order, set a five-day video hearing, and provided directions for the potential settlement of the matter.

Following a Case Management Conference regarding appeals of the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a 35-storey residential tower, the Tribunal issued a consent Procedural Order to govern the proceedings.

The appellant appealed the City of Waterloo's new Comprehensive Zoning By-law, arguing that its performance standards for tower separations, podiums, and maximum heights prevented the achievement of maximum planned densities and conflicted with the City's Official Plan, the Provincial Policy Statement, and the Growth Plan.

The Tribunal dismissed the appeal, finding that the City has the statutory authority under section 34 of the Planning Act to regulate building height, bulk, and spacing.

The Tribunal held that provincial policies require optimizing, not maximizing, density and that the zoning regulations appropriately implemented the Official Plan's high priority on good urban design and human-scale development.

The applicant appealed the municipality's refusal of a zoning by-law amendment and draft plan of subdivision to permit a 28-unit townhouse development.

The Tribunal held a Case Management Conference (CMC) where it granted party status to the Regional Municipality of Durham and participant status to several individuals.

The Tribunal directed the parties to finalize a draft Procedural Order and Issues List and scheduled a second CMC for September 27, 2021.

The Tribunal held a Case Management Conference regarding appeals against the City of Hamilton's Development Charges By-law.

The Tribunal received draft Procedural Orders and Issues Lists, and was updated on scheduled mediation and settlement discussions.

A further Case Management Conference was scheduled for October 20, 2021.

The Tribunal held a Case Management Conference regarding an appeal for a 19-unit townhouse development.

The Tribunal granted participant status to two individuals, noted the outstanding issue regarding commercial use, and scheduled a 6-day hearing.

The Tribunal directed the municipality to provide its issues and the applicant to coordinate the finalization of the Procedural Order.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 14-storey mixed-use development.

Following an interim decision that directed a reduced height, the parties reached a settlement for an 11-storey building.

Based on uncontested land use planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The Tribunal approved the settlement in principle, withholding its final order until various conditions, including a Section 37 agreement for a $600,000 community benefits contribution, are satisfied.

At a Case Management Conference regarding a land compensation claim under the Expropriations Act, the Tribunal was advised that the claimant's appraisal had been served and the respondent Ministry had requested 18 documents to review it.

The claimant confirmed the documents were en route.

The Tribunal scheduled a further Case Management Conference for October 1, 2021, to allow the Ministry's experts time to review the materials and report.

The Tribunal held a Case Management Conference to obtain a status update on a land compensation appeal under the Expropriations Act.

The Tribunal set a 5-day video hearing and directed the parties to submit a revised draft Procedural Order, which was subsequently approved and appended to the decision.