C.I. Molinari

The appellant appealed the City of Kawartha Lakes' failure to approve a site plan application for a six-storey, 158-unit rental apartment building.

The City and area residents raised concerns regarding urban design, building orientation, shadowing, and privacy impacts on adjacent low-density residential properties.

The Tribunal found that the proposed site plan complied with the existing zoning by-law, provided appropriate setbacks and landscaping to mitigate impacts, and conformed to the applicable official plans and provincial policies.

The appeal was allowed and the site plan was approved in principle.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The Ontario Land Tribunal held a Case Management Conference to receive status updates on the remaining appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

The applicant appealed the conditions imposed by the Committee of Adjustment on a consent application to sever a surplus farm dwelling.

The parties reached a settlement modifying the conditions, including requirements for a new septic system and a zoning by-law amendment for the severed lands.

The Tribunal accepted uncontroverted expert evidence that the modified conditions are consistent with provincial policy, conform to the official plans, and represent good planning.

The appeal was allowed and the conditions were amended in accordance with the settlement.

The appellant appealed the City of Hamilton's adoption of Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

Prior to the hearing, the parties reached a settlement to implement a site-specific zoning by-law amendment for the subject property, converting the proceeding to a settlement hearing.

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

The Tribunal allowed the appeal in part on an interim basis, withholding its final order until the related Official Plan Amendment is approved by the City.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 35-storey mixed-use building.

The Tribunal granted participant status to two additional parties on consent.

The parties advised they were engaging in private mediation.

The Tribunal approved the final draft Procedural Order and Issues List, and confirmed the 7-day video hearing scheduled to commence on February 28, 2024.

A Case Management Conference was held regarding appeals by 1529749 Ontario Inc. (Torgan) concerning the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications, as well as an appeal of Official Plan Amendment No. 90.

The Tribunal granted Party status to Promenade Limited Partnership, the future owner of the subject property.

The parties requested and the Tribunal scheduled a further Case Management Conference for March 2024 to allow time for ongoing settlement discussions and the closing of the property purchase.

The applicant brought a motion for directions regarding a site plan application for a drive-through facility.

The City of Toronto had deemed the application incomplete, requiring a Storm Water Management Report and a Hydro-geological Report.

The Tribunal found that the drive-through facility triggered the site plan application, but since no earthworks were proposed, the request for the reports was neither reasonable nor warranted.

The Tribunal determined that the application was complete as of May 9, 2023, when the last required materials were submitted.

The moving parties requested an adjournment of the merit hearing because the applicant circulated a revised proposal shortly before the hearing, allegedly in violation of the procedural order.

The Tribunal denied the motion for an adjournment, finding that any prejudice to the moving parties was mitigated by delaying the start of the hearing by three days and revising the exchange and filing dates, which the parties had largely agreed upon.

A first Case Management Conference was held regarding appeals by Caledon HL Developments Inc. against the Town of Caledon's refusal of official plan and zoning by-law amendments for an industrial warehouse development.

The Tribunal granted party status to the Ministry of Municipal Affairs and Housing and the Toronto and Region Conservation Authority, and participant status to QuadReal Property Group Limited Partnership.

A procedural order was approved, and dates were set for a second Case Management Conference and a three-week merit hearing.

Following a Case Management Conference, the parties submitted a final Procedural Order and Issues List on consent.

The Tribunal issued the Procedural Order to govern the upcoming hearing.

The Tribunal also considered a late request for party status from a residents association, but granted participant status instead because the request lacked sufficient content to assess its merits.

The applicant appealed the Township's failure to make a decision on a Zoning By-law Amendment application to permit an aggregate pit on prime agricultural land.

Prior to the hearing, the parties reached a settlement endorsing the application.

Based on uncontroverted expert evidence in land use planning and air quality, the Tribunal found the amendment consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable Official Plans.

The Tribunal allowed the appeal in part and amended the Zoning By-law to permit the extraction operation subject to a holding symbol and rehabilitation requirements.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make decisions on Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision applications.

The applications seek to permit two mixed-use residential buildings of 40 and 42 storeys.

The Tribunal finalized the Procedural Order and Issues List and scheduled a 15-day hearing.

The appellant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision within the statutory timeframe.

At the first Case Management Conference, the Tribunal considered several requests for party status from neighbouring property owners.

The Tribunal granted party status to four individuals on consent and deferred other requests to a second Case Management Conference scheduled for October 2023.

The appellant appealed the City of Toronto's decision regarding a minor variance application for an eight-storey mixed-use building.

Following a settlement between the parties, the Tribunal previously approved the variances in principle.

The Tribunal reviewed a revised list of variances based on the City's interpretation of the zoning by-law and, relying on uncontroverted expert planning evidence, found that the amended variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed in part and the revised variances were authorized subject to conditions.

The appellant appealed the Town of Grimsby's approval of a Zoning By-law Amendment intended to facilitate a 44-unit residential infill development.

Prior to the hearing, the parties reached a settlement that modified the by-law to address the appellant's concerns regarding privacy and overlook by restricting second-floor windows and projections on specific lots.

The Tribunal accepted uncontroverted expert planning evidence that the modified by-law is consistent with provincial policies, conforms to applicable official plans, and represents good land use planning.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant against the City of Toronto for failing to make a decision on Official Plan and Zoning By-law Amendment applications for a 35-storey mixed-use building.

The Tribunal granted participant status to several individuals and a residents' association.

A second Case Management Conference and a 7-day hearing on the merits were scheduled.

The Tribunal convened a settlement hearing regarding appeals of the City of Toronto's approval of Official Plan Amendment No. 582, which established the University of Toronto St. George Campus Secondary Plan.

The remaining appellant, the Toronto Catholic District School Board, reached a settlement with the City involving modifications to policies regarding view studies and built form transitions.

Based on uncontroverted planning evidence, the Tribunal found the modifications had regard for provincial interests, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeal in part and approved the modified Secondary Plan.

Mohawk Farm Limited brought a motion to dismiss Teresa Warren's appeal of the Municipality of Chatham-Kent's approval of Official Plan Amendment No. 72.

The appellant raised concerns regarding density, traffic, and road network modifications but failed to respond to the motion or indicate an intention to call expert evidence.

Applying the East Beach test, the Tribunal found that the appellant's apprehensions, without the support of expert evidence, did not constitute genuine land use planning grounds.

The motion was granted and the appeal was dismissed.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant against the City of Kawartha Lakes for failing to approve a Site Plan Amendment application for a 6-storey rental apartment building.

The Tribunal granted participant status to five individuals on consent.

A one-day video hearing was scheduled, and the parties were directed to submit a draft Procedural Order and Issues List.