D. Colbourne

The City of Waterloo proposed to expropriate lands owned by the claimant to facilitate the redevelopment of a municipal parking lot and surrounding areas.

The claimant requested a Hearing of Necessity under section 7 of the Expropriations Act.

The Tribunal found that the proposed expropriation was a necessary step to achieve coordinated urban development and was reasonably defensible in achieving the City's objectives.

The Tribunal reported that the taking met the statutory test.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Southbridge Health Care GP Inc. against the Municipality of Port Hope's refusal of a demolition permit for heritage properties.

The Tribunal granted participant status to three individuals and scheduled future hearing dates, including a motion hearing, a second CMC to finalize the Procedural Order and Issues List, and a three-day merits hearing.

The Tribunal held a Case Management Conference regarding appeals of Official Plan Amendment 582 (University of Toronto Secondary Plan).

The Tribunal approved a settlement between the City of Toronto and the appellants Basilian Fathers of Toronto and Daniels HR Corporation concerning the property at 95 St. Joseph Street.

Based on uncontested expert planning evidence, the Tribunal found the site-specific modification to OPA 582 consistent with provincial policies and good planning.

The appeal was allowed in part to implement the settlement, while the remainder of OPA 582 remains unapproved pending resolution of the other appeals.

Dufferin Mall Holdings Inc. appealed the City of Toronto's failure to adopt a requested Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 900 Dufferin Street.

The Ontario Land Tribunal allowed the appeals in part, approving the amendments in principle.

The final order was withheld pending the fulfillment of conditions to the satisfaction of the City.

The Tribunal issued its final order amending the Official Plan and Zoning By-law to facilitate the development of four mixed-use buildings ranging from 14 to 39 storeys, a new park, and affordable housing units.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a mixed-use redevelopment on the northern portion of the Dufferin Mall site.

The parties reached a settlement that expanded the Official Plan Amendment to establish a comprehensive planning framework for the entire property.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal conformed to the Official Plan and represented good planning.

The appeals were allowed in part, and the amendments were approved in principle, with the final order withheld pending the satisfaction of several conditions.

The Tribunal heard the continuation of Phase 2 appeals against the City of Toronto's Comprehensive Zoning By-law No. 569-2013.

The hearing focused on residential zoning standards that the Tribunal had previously directed the City to review, including maximum building heights, main wall heights, flat roof regulations, dormer widths, definitions of 'first floor' and 'basement', and parking space locations.

The Joint Appellants sought greater height permissions and design flexibility to allow for 'standard' two-storey homes with integral garages without requiring minor variances.

The City proposed more modest increases based on a review of building permits and minor variances.

The Tribunal approved the City's proposed development standards in principle, with minor amendments, finding that they better conformed to the Official Plan's requirement to respect and reinforce the existing physical character of neighbourhoods.

The Tribunal also declined to apply the Clergy principle, ruling that the current Official Plan policies, including OPA 320, applied.

The Ontario Land Tribunal held a Case Management Conference to settle the Issues and Procedural Order for Phase 2 of a hearing regarding multiple appeals of Official Plan and Zoning By-law amendments in the Town of Richmond Hill.

The Tribunal approved the City's proposed Hearing Plan, which divided the hearing into four sub-phases, and rejected attempts by North Elgin Centre Inc. to expand the issues list to include area-wide matters such as the location of the Bernard Bus Terminal.

The Tribunal also corrected a minor omission in a previous zoning by-law amendment and dismissed a renewed motion for recusal.