Who is Bryan W. Tuckey?

Bryan W. Tuckey is a member at the Ontario Land Tribunal with 108 decisions on record from 2021 to 2023. Key areas include other tribunals, administrative law, real estate law.

What tribunal does Bryan W. Tuckey sit on?

Bryan W. Tuckey sits on the Ontario Land Tribunal.

What areas of law does Bryan W. Tuckey decide?

Bryan W. Tuckey's most common areas include Other Tribunals (104 decisions), Administrative Law (63 decisions), Real Estate Law (28 decisions). Bryan W. Tuckey has handled 108 decisions across 4 areas.

How many decisions has Bryan W. Tuckey made?

Bryan W. Tuckey has 108 decisions on record from 2021 to 2023.

Who frequently appears before Bryan W. Tuckey?

Representatives who frequently appear before Bryan W. Tuckey include Amanda Hill, Daniel Elmadany, Ray Kallio.

Bryan W. Tuckey

Dunpar Homes et al. v. Mississauga (City), 2023 CanLII 123149

Tribunal strikes issue seeking to compel municipality to accept non-traditional parkland conveyances for lack of jurisdiction.

The City of Mississauga brought a motion to strike an issue raised by an appellant regarding the City's Parkland Conveyance By-law.

The appellant sought to amend the By-law to clarify that non-fee simple land, such as privately owned public spaces or encumbered parkland, would be accepted as parkland conveyance in certain circumstances.

The Tribunal found that it lacked jurisdiction to grant the requested relief, as doing so would effectively add an exemption to the By-law, which is prohibited under s. 42(4.16) of the Planning Act.

The Tribunal noted that while the Legislature has contemplated provisions for non-traditional conveyances, these are not yet in force.

The motion was granted and the issue was removed from the Issues List.

OLTDec 21, 2023

Dunpar Developments Inc. v. Toronto (City), 2023 CanLII 121535

Tribunal lacks jurisdiction to reduce the prescribed 4% Community Benefits Charge rate or add exemptions.

The appellants brought motions for directions regarding appeals of the Community Benefits Charge (CBC) By-laws adopted by the City of Toronto and the City of Mississauga.

The appellants sought a determination that the Ontario Land Tribunal has the jurisdiction to reduce the 4% CBC rate prescribed by the by-laws and Ontario Regulation 509/20, and to exclude non-residential gross floor area from the charge.

The Tribunal found that it does not have the jurisdiction to vary the 4% rate, as the rate is prescribed by provincial regulation and the legislative scheme confers exclusive jurisdiction on municipalities to set the rate up to the prescribed maximum.

The Tribunal also found it lacks jurisdiction to add exemptions or clarify the by-laws to exclude non-residential gross floor area, as this would be tantamount to adding an exemption contrary to s. 37(24)(b) of the Planning Act.

Consequently, the Tribunal struck the appellants' issues and dismissed Dunpar's appeal against the Toronto By-law.

OLTDec 12, 2023

2004085 Ontario Inc. v. Toronto (City), 2023 CanLII 112270

Tribunal approves revised Procedural Order and schedules 14-day Merit Hearing for mixed-use development appeals.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 1891 Eglinton Avenue East in Toronto.

The applicant submitted a revised application, and the parties agreed to a revised Procedural Order and a new 14-day Merit Hearing date.

The Tribunal approved the revised Procedural Order, scheduled the Merit Hearing for March 11, 2024, and directed the parties' planning experts to provide an agreed Statement of Facts.

OLTNov 20, 2023

488-500 Upper Wellington Nominee Inc. v Hamilton (City), 2023 CanLII 106651

Tribunal schedules second case management conference to finalize procedural order in parkland cash-in-lieu appeal.

The Tribunal held a first Case Management Conference for an appeal concerning the City of Hamilton's valuation of land for cash-in-lieu of parkland dedication.

The parties discussed outstanding issues regarding the draft Procedural Order and the applicable law.

The Tribunal directed the City to finalize the draft Procedural Order and scheduled a second Case Management Conference to review it before setting a date for the merits hearing.

OLTNov 10, 2023

Bayview Hospitality Holdings Ltd. v. Ottawa (City), 2023 CanLII 106656

Tribunal schedules five-day merits hearing and issues Procedural Order for parkland dedication appeals.

OLTNov 9, 2023

440 Essa Developments Inc. v. Barrie (City), 2023 CanLII 106658

Tribunal schedules further Case Management Conference and merits hearing for development charges appeals.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by several developers against the City of Barrie's Development Charges By-law No. 2023-74.

The Tribunal directed the appellants to provide their requests for additional information to the City, and the City to respond by specified dates.

A further Case Management Conference was scheduled for February 2024, and a 20-day merits hearing was scheduled to commence in September 2024.

OLTNov 7, 2023

2034055 Ontario Limited v. Toronto (City), 2023 CanLII 106632

Further Case Management Conference scheduled to allow applicant to review outcomes of City's Official Plan review.

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.

OLTNov 7, 2023

Mattamy (Eglinton) Limited v. Toronto (City), 2023 CanLII 103191

Tribunal declined to schedule merit hearing for subdivision appeal pending draft Procedural Order.

The appellant appealed the City's failure to make a decision on a proposed Plan of Subdivision and requested that a merit hearing be scheduled.

The City opposed the request, arguing it was premature to schedule the hearing before a related Official Plan Amendment appeal decision was released.

The Tribunal agreed with the City, finding it premature to schedule a merit hearing because the parties had not yet submitted a draft Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference.

OLTNov 2, 2023

140 Old Mill Road LP v Waterloo (Region), 2023 CanLII 97681

Tribunal approves Procedural Order and schedules five-day merits hearing for development charges appeal.

OLTOct 16, 2023

Dundeal Canada (GP) Inc. v. Toronto (City), 2023 CanLII 85346

Further Case Management Conference scheduled to allow parties to continue settlement discussions regarding subdivision appeal.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Dundeal Canada (GP) Inc. from the City of Toronto's failure to make a decision on a Draft Plan of Subdivision application.

The parties advised that they have developed a plan to reduce issues and potentially resolve their disputes.

The Tribunal scheduled a further Case Management Conference for November 20, 2023, to allow the parties to continue settlement and scoping discussions.

OLTSep 15, 2023

D.D. Acquisition Partnership v. Kitchener (City), 2023 CanLII 85325

Tribunal schedules further Case Management Conference for parkland dedication by-law appeals to allow for legislative review.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The City requested a deferral of substantive discussions to allow for the evaluation of recent and pending legislative changes (Bills 23 and 42) to the Planning Act, and to continue settlement discussions with the remaining appellants.

The Tribunal agreed with the proposed strategy and scheduled a further Case Management Conference for February 21, 2024.

OLTSep 13, 2023

McLean-Peister Ltd. v. Waterloo (Region), 2023 CanLII 83074

Appeals regarding development charges consolidated and procedural order approved for merits hearing.

The Tribunal convened a Case Management Conference for appeals by McLean-Peister Ltd. regarding development charges levied by the Regional Municipality of Waterloo and the City of Kitchener for a multi-storey industrial facility.

The parties requested consolidation of the appeals and submitted a draft Procedural Order on consent.

The Tribunal ordered the consolidation of the appeals, approved the Procedural Order, and scheduled a three-day merits hearing.

OLTSep 6, 2023

CP REIT Ontario Properties Limited et al. v Toronto (city), 2023 CanLII 78868

Tribunal grants adjournment and approves consolidation in principle at case management conference.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Toronto's Official Plan Amendment No. 573.

The Tribunal approved in principle a request to consolidate one appellant's OPA and Zoning By-law Amendment appeals, pending a similar finding in the ZBA proceeding.

The Tribunal also granted a motion on consent to adjourn another appellant's appeal sine die.

A third Case Management Conference was scheduled to further manage the proceedings.

OLTAug 25, 2023

Losani Homes (1998) Ltd. v. Hamilton (City), 2023 CanLII 73709

Tribunal schedules four-day merits hearing and approves procedural order for development charges and fees appeals.

OLTAug 8, 2023

Mattamy (Eglinton) Limited v. Toronto (City), 2023 CanLII 66848

Tribunal grants party status to three entities and schedules a second Case Management Conference.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Mattamy (Eglinton) Limited against the City of Toronto's failure to make a decision on a proposed Plan of Subdivision.

The Tribunal granted party status to Canadian Tire Real Estate Limited, IPEX Inc., and Metro Ontario Real Estate Limited, noting they satisfied the legislative tests and were already parties to related Official Plan and Zoning By-law appeals.

A second Case Management Conference was scheduled for October 3, 2023.

OLTJul 18, 2023

Tuxedo Court GP Ltd. v. Toronto (City.), 2023 CanLII 66825

Zoning by-law amendments for a two-tower mixed-use development approved in principle following a settlement.

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

The parties reached a settlement, which included retaining an existing rental apartment building and providing a daycare.

The Tribunal accepted expert planning evidence that the proposed development is consistent with provincial policy, conforms to the City's Official Plan, and represents good planning.

The appeal was allowed in part, and the zoning by-law amendments were approved in principle, with the final order withheld pending the fulfillment of several conditions.

OLTJul 17, 2023

Langmaid’s Island Corporation v. Lake of Bays (Township), 2023 CanLII 61510

Draft plan of subdivision for island development approved following settlement between parties.

The appellant appealed the failure of the approval authority to make a decision on a draft Plan of Subdivision and related planning instruments to permit a 32-lot seasonal residential development on Langmaid's Island.

Following a Phase 1 hearing that established the principle of development, the parties reached a settlement on the draft Plan of Subdivision and Conditions.

Based on uncontested expert planning evidence, the Tribunal found the proposed subdivision and conditions have regard to provincial interests, are consistent with the Provincial Policy Statement, and conform to the applicable Official Plans.

The Tribunal approved the draft Plan of Subdivision subject to conditions.

OLTJul 6, 2023

D.D. Acquisition Partnership v. Kitchener (City), 2023 CanLII 58608

Party status granted and Common Interest Class request denied as premature at first CMC for parkland by-law appeals.

The Tribunal held a first Case Management Conference regarding appeals by multiple developers against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The Tribunal granted party status to two additional entities on consent.

The City requested the establishment of a Common Interest Class under Rule 8.4, which was opposed by the appellants and denied by the Tribunal as premature.

A second Case Management Conference was scheduled, and parties were directed to exchange their particularized issues for a draft Procedural Order.

OLTJun 26, 2023

RioCan Holdings Inc. v. Toronto (City), 2023 CanLII 58578

Appeals allowed in part to approve Official Plan and Zoning By-law amendments for mixed-use development.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments to permit a 3000-unit mixed-use community redevelopment.

The parties reached a full settlement.

The Tribunal accepted uncontested expert planning evidence that the proposed development is consistent with provincial policy, conforms to the Growth Plan and Official Plan, and represents good planning.

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

OLTJun 26, 2023

1095909 Ontario Limited v. Toronto (City), 2023 CanLII 56721

Planning appeal dismissed after appellant failed to submit site-specific application by Tribunal deadline.

OLTJun 23, 2023

Dunpar Homes et al. v. Mississauga (City), 2023 CanLII 123149

Dunpar Developments Inc. v. Toronto (City), 2023 CanLII 121535

2004085 Ontario Inc. v. Toronto (City), 2023 CanLII 112270

488-500 Upper Wellington Nominee Inc. v Hamilton (City), 2023 CanLII 106651

Bayview Hospitality Holdings Ltd. v. Ottawa (City), 2023 CanLII 106656

440 Essa Developments Inc. v. Barrie (City), 2023 CanLII 106658

2034055 Ontario Limited v. Toronto (City), 2023 CanLII 106632

Mattamy (Eglinton) Limited v. Toronto (City), 2023 CanLII 103191

140 Old Mill Road LP v Waterloo (Region), 2023 CanLII 97681

Dundeal Canada (GP) Inc. v. Toronto (City), 2023 CanLII 85346

D.D. Acquisition Partnership v. Kitchener (City), 2023 CanLII 85325

McLean-Peister Ltd. v. Waterloo (Region), 2023 CanLII 83074

CP REIT Ontario Properties Limited et al. v Toronto (city), 2023 CanLII 78868

Losani Homes (1998) Ltd. v. Hamilton (City), 2023 CanLII 73709

Mattamy (Eglinton) Limited v. Toronto (City), 2023 CanLII 66848

Tuxedo Court GP Ltd. v. Toronto (City.), 2023 CanLII 66825

Langmaid’s Island Corporation v. Lake of Bays (Township), 2023 CanLII 61510

D.D. Acquisition Partnership v. Kitchener (City), 2023 CanLII 58608

RioCan Holdings Inc. v. Toronto (City), 2023 CanLII 58578

1095909 Ontario Limited v. Toronto (City), 2023 CanLII 56721

for 10285773 Canada Corp., Artlife Developments, and Bell Canada

for 1090011 Ontario Limited

for 1107656 Ontario Inc.

for 1142059 Ontario Limited

for 1209623 Ontario Limited, The Brass Rail Tavern (Toronto) Limited

for 140 Old Mill Road LP and 140 Old Mill Road Coinvest LP

for 1709492 Ontario Ltd.

for 1734141 Ontario Limited

for 1941 Eglinton East Holdings Inc.

for 1979351 Ontario Inc. (formerly 2594481 Ontario Ltd.)

for 2004085 Ontario Inc., RioCan Holdings Inc., 2075936 Ontario Ltd et al., and 2076031 Ontario Ltd.

for 2034055 Ontario Ltd. and 1337194 Ontario Inc.

for 2034055 Ontario Ltd. and 1337194 Ontario Ltd

for 2034055 Ontario Ltd. and 1337194 Ontario Ltd.

for 2152900 Ontario Inc.

for 221 Sterling Road Holdings Inc.

for 221 Sterling Road Holdings Inc., 1386073 Ontario Inc, Double Z Investments Limited, Minto (Mimico) Inc., Ont GTA Properties Inc., Policy Investment Limited

for 2255695 Ontario Ltd. and B.J.S. Properties Inc.

for 23 St. Thomas Inc. and Metropolitan Toronto Condominium Corporation No. 1271

for 2432905 Ontario Inc.

for 2526607 Ontario Limited, Woodhouse Group, Copper Bay Homes, Woodhouse Investments, Vanguard Developments, and 550 King Street GP Inc

for 2526607 Ontario Limited, Woodhouse Group, Copper Bay Homes, Woodhouse Investments, Vanguard Developments, and 550 King Street GP Inc.

for 2691823 Ontario Inc.

for 30 Duke Street Limited

for 399Y Corporation

for 415 Yonge Holding Limited

for 431 College St (SD) GP Inc

for 440 Essa Developments Inc.

for 516 Yonge Street

for 5799 Yonge Street Limited (Aoyuan)

for 675 Yonge Street

for 6 Wellesley Street West

for 7420443 Ontario Inc.

for 7818 Inc.

for 85 Danforth Inc.

for ABC Residents Association and The Greater Yorkville Resident's Association

for Agnew Lake Property Group

for Angus Glen Landowners Group Inc.

for Argo TFP Brampton III Limited, Argo TFP Brampton IV Limited

for Arnprior OVD Inc.

for Barrie Central Developments Inc and 129 Collier LP

for Bedford Neighbourhood Coalition and Annex Residents’ Corporation

for Bell Canada

for Bell Telephone Company of Canada

for Bertone Montreal Road LP

for BJL Properties Inc. and 47 Camden Inc.

for BramptonMatters

for Bramwest Development Corporation

for BRL Realty Limited

for Build a Better Bloor Dufferin

for Burnac Enterprises Inc.

for C3M Asset Management Corporation

for Calloway REIT

for Calloway REIT (1900 Eglinton Inc.)

for Camrost Feldcorp Inc

for Canadian Tire Corporation Limited

for Canadian Tire Real Estate Limited

for Canadian Tire Real Estate Ltd.

for Catholic Cemeteries and Funeral Services Inc.

for Cawthra Mansions Cooperative Inc.