D. Arnold

The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment without a hearing under subsection 34(25) of the Planning Act.

The amendment permitted the development of a 10-unit transitional housing apartment building and regularized an existing group home.

The Tribunal found that the appellant's concerns regarding public consultation, servicing adequacy, traffic safety, and zoning compliance were unsubstantiated apprehensions and did not constitute genuine land use planning grounds.

The motion was granted and the appeal was dismissed.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on zoning by-law amendment and site plan approval applications for a 48-storey mixed-use building.

The Tribunal granted participant status to a neighbouring property owner.

The parties agreed to proceed with the zoning by-law appeal first, scheduling a 10-day video hearing, while adjourning the site plan appeal sine die pending the outcome.

The appellant appealed the Town of Oakville's failure to make a decision on applications for Official Plan and Zoning By-law Amendments to permit a nine-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Halton on consent.

The Tribunal also granted participant status to two individuals who attended the hearing and raised genuine land use planning concerns.

Two other individuals who requested participant status but failed to attend the hearing were denied status.

The Tribunal scheduled a five-day hearing on the merits and approved the Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 60-unit residential development.

The Tribunal granted party status to an adjacent landowner and a residents' association, and participant status to several individuals.

A second CMC and a three-day hearing were scheduled to allow for ongoing settlement discussions between the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 789 Don Mills Developments Inc. against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications.

The Tribunal granted party status to Donmeg Developments Limited and participant status to Toronto Standard Condominium Corporation 2818 on consent.

A second Case Management Conference was scheduled for November 15, 2023, to allow the City time to review revised plans and obtain instructions.

The appellant appealed the municipality's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a new waterfront commercial use (tourist establishment/resort) on Kashagawigamog Lake.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert land use planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Policy Statement, conformed to the applicable official plans, and represented good planning.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a case management conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on applications for Official Plan and Zoning By-law amendments to permit 48-storey and 59-storey mixed-use buildings.

The Tribunal issued a Procedural Order and Issues List on consent, scheduling a 10-day video hearing to commence on February 6, 2024.

The County of Brant brought a motion requesting the Tribunal not to schedule hearings on the merits of two sets of appeals while an Interim Control By-law (ICBL) was in effect.

The County argued that scheduling the hearings would run contrary to the intent of section 38 of the Planning Act, which provides a municipality with 'breathing space' to rethink its land use policies.

The Tribunal denied the motion, finding that section 38 only authorizes a municipality to prohibit the use of land, buildings, or structures, and does not suspend the processing of development applications or the adjudication of appeals.

The Tribunal concluded that scheduling the hearings offered the best opportunity for a fair, just, and expeditious resolution of the proceedings under section 12(2) of the Ontario Land Tribunal Act, 2021.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated April 25, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended paragraph 7(i) to correctly reference the Region's Official Plan Amendment 49 instead of the Town's new Official Plan.

In all other respects, the original decision remains unchanged.

This was a first Case Management Conference regarding appeals of the City's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications for a proposed mixed-use development.

The Tribunal granted party status to the Regional Municipality of Peel and Metrolinx, and participant status to two other entities on consent.

The Tribunal also determined it lacked jurisdiction under the Planning Act to consider recently acquired lands that were not part of the original applications.

Procedural directions and hearing dates were set.

The applicant appealed the Town of Oakville's failure to make a decision on a zoning by-law amendment application to permit an 8-storey seniors' residence.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert planning and engineering evidence, the Tribunal found the proposed development consistent with provincial policies and municipal official plans.

The Tribunal allowed the appeal and approved the amendment in principle, issuing an interim order pending finalization of the zoning by-law draft and servicing agreements.

This was a second Case Management Conference regarding appeals of the City's failure to make a decision on Official Plan and Zoning By-law amendment applications for a high-rise mixed-use development.

The Tribunal converted a condominium corporation's status from Participant to Party on consent.

The Tribunal also directed that the issue of whether certain adjacent properties are included in the OPA appeal be added to the issues list, and set a 10-day hearing to commence in February 2024, pending the resolution of a related heritage by-law appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to render a decision on Official Plan and Zoning By-law Amendment applications for a 12-storey residential development.

The Tribunal granted participant status to a local resident, directed the parties to submit a draft Procedural Order and Issues List, and scheduled a second Case Management Conference and an eight-day hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The Tribunal granted party status to the regional municipality and several neighbouring property owners, and participant status to a local resident.

The Tribunal also consolidated the two appeals and scheduled a second Case Management Conference and a 24-day hearing on the merits.

This was the first Case Management Conference regarding an appeal of the City of Ottawa's refusal of a Zoning By-law Amendment application to permit two four-storey apartment buildings.

The Tribunal granted participant status to several individuals and a community association on consent.

The Tribunal also approved the finalized Procedural Order and scheduled a five-day video hearing on the merits.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications.

The parties advised that settlement discussions were ongoing and requested Tribunal-facilitated mediation.

The Tribunal scheduled a 24-day hearing to commence in March 2024 as a fallback and approved the finalized Procedural Order.

The Ontario Land Tribunal held a third 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 within statutory timeframes.

The parties reported ongoing productive settlement discussions.

The Tribunal scheduled a fourth Case Management Conference for May 24, 2023, which may be converted to a settlement hearing if the issues are resolved.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 355 Adelaide Nominee Inc. against the City of Toronto's failure to make decisions on zoning by-law amendment and site plan approval applications for a 48-storey mixed-use building.

The Tribunal granted party status to DevGreat Inc. and participant status to several individuals on consent.

A second Case Management Conference was scheduled to address remaining procedural matters, including a deferred participant status request and the potential consolidation of the appeals.

The appellants appealed the Township's refusal of a zoning by-law amendment application to permit an implement shed as a principal permitted use on their rural residential property.

Prior to the hearing, the parties reached a settlement proposing a revised amendment to permit two accessory buildings, including one for a home industry and storage.

Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good land use planning.

The appeal was allowed and the zoning by-law was amended accordingly.

A second Case Management Conference was held regarding appeals of the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 28-storey mixed-use building.

The Tribunal granted Future Delight Investment Ltd.'s request to withdraw as a Party.

The Tribunal also approved the finalized Procedural Order and scheduled a 10-day video hearing on the merits.