Dale Chipman

The Ontario Land Tribunal issued a procedural order on consent for an appeal concerning a proposed 35-storey residential building at 77 Erskine Avenue in Toronto.

The applicant appealed the City of Toronto's failure to make a decision on its zoning by-law amendment application within the statutory timeframe.

The procedural order establishes the issues list, order of evidence, and procedural deadlines leading up to a 10-day hearing scheduled to commence in March 2025.

The applicant appealed the municipality's failure to adopt an official plan amendment and zoning by-law amendment to permit a 177-unit high-density residential development.

The threshold issue was whether the lands should be re-designated and re-zoned for residential uses given an existing oversupply of residential lands in the municipality.

The Tribunal found that the site-specific redesignation of the fully serviced, shovel-ready infill property was appropriate and an efficient use of under-utilized land, despite the oversupply.

The Tribunal ordered the appeal to move forward to a full hearing.

The Ontario Land Tribunal issued a procedural order to govern the proceedings leading up to a 9-day video hearing scheduled to commence on April 9, 2024.

The appeal concerns a Director's Order issued under the Environmental Protection Act requiring work to prevent, decrease, or eliminate an adverse effect from a contaminant.

The procedural order sets out deadlines for disclosure, witness lists, witness statements, expert meetings, and the filing of a hearing plan.

Metrolinx brought a motion to compel the Claimant to fulfill undertakings and answer refusals from an examination for discovery in an expropriation proceeding.

The Tribunal found the undertakings issue moot as they had been satisfied.

Regarding the refusals, the Tribunal ordered the Claimant to produce specific employment contracts, T4s, and invoices related to the expropriation and relocation, finding them relevant to the pleadings.

The remaining refusals were dismissed as irrelevant, and no costs were awarded.

The Ontario Land Tribunal issued a procedural order governing the procedures leading up to and including the hearing of a zoning by-law amendment appeal by Midtown West Residences Ltd. The appeal concerns a proposed 40-storey mixed-use tower with 360 residential units at 699-711 Lawrence Avenue West in Toronto.

The hearing is scheduled to commence on May 27, 2024, for 10 days.

The Ontario Land Tribunal held a case management conference regarding appeals by the applicant against the municipality's failure to adopt a requested official plan amendment and refusal or neglect to make a decision on a zoning by-law amendment.

The Tribunal issued a Procedural Order and Issues List on consent to govern the upcoming hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for a proposed zoning by-law amendment and draft plan of subdivision due to the municipality's failure to make a decision.

The parties requested a second CMC to review technical reports and finalize the issues list.

The Tribunal scheduled a second CMC and a 10-day Phase 2 hearing.

The Tribunal held a Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment approved by the City of Sarnia and County of Lambton.

The parties agreed that the matter did not lend itself to mediation and requested a hearing.

The Tribunal approved the draft Procedural Order on consent and scheduled a four-day video hearing for the appeals.