G.C.P. Bishop

Tribunal approves final form of Official Plan and Zoning By-law amendments for mixed-use development.

The Ontario Land Tribunal issued an order approving an Official Plan Amendment and Zoning By-law Amendments for a mixed-use mid-rise development in the City of Toronto.

The Tribunal had previously allowed the appeals in part following public hearings.

The final form and content of the amendments were found to be satisfactory to the City, and the Tribunal ordered their approval and adoption.

2226396 Ontario Inc. v. Toronto (City), 2022 CanLII 73912

G.C.P. Bishop

Final order issued approving zoning by-law amendment after satisfaction of Section 37 agreement conditions.

The applicant appealed the City of Toronto's neglect to enact a requested zoning by-law amendment to permit a mixed-use development.

Following a 2016 interim decision allowing the appeal in principle, the Tribunal withheld its final order pending the satisfaction of conditions, including a Section 37 agreement.

The parties advised the Tribunal that all conditions were met, and the Tribunal issued its final order approving the zoning by-law amendment.

C. Y. Vehicles Enterprise Inc. v. Toronto (City), 2022 CanLII 73902

G.C.P. Bishop

Appeal allowed and zoning by-law amendment approved to permit two mixed-use tall buildings.

The appellant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit two mixed-use tall buildings.

Following an interim decision approving the amendments in principle, the Ontario Land Tribunal issued its final order allowing the appeal and approving the final form of the zoning by-law amendment.

Dandaw Development Ltd. v. Toronto (City), 2022 CanLII 73899

G.C.P. Bishop

Zoning By-law Amendment approved following registration of Section 37 Agreement.

The applicants appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development.

The former Ontario Municipal Board had allowed the appeal in principle in 2012, withholding its final order until a Section 37 Agreement was executed and registered.

The City Solicitor having confirmed the agreement's registration, the Ontario Land Tribunal issued its final order approving the Zoning By-law Amendment.

1212763 Ontario Limited & 1212765 Ontario Limited v. City of Toronto, 2022 CanLII 73939

G.C.P. Bishop

Tribunal allows appeal in part and amends zoning by-law to permit 38-storey mixed-use building.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a 38-storey mixed-use building.

Following an earlier interim decision approving the amendment in principle, the Ontario Land Tribunal issued its final order.

The Tribunal allowed the appeal in part and amended the City's zoning by-law to permit the development, subject to site-specific provisions and Section 37 community benefits.

Weston Road Limited Partnership v. Toronto (City), 2022 CanLII 73928

G.C.P. Bishop

Final order issued amending zoning by-laws to permit a 46-storey mixed-use building in Toronto.

The Ontario Land Tribunal issued a final order allowing an appeal in part and amending the City of Toronto's zoning by-laws to permit a 46-storey mixed-use building at 122-128 Peter Street and 357 Richmond Street West.

The Tribunal had previously issued an interim decision approving the amendments in principle, and withheld its final order pending the fulfillment of conditions, including the final form of the zoning by-law amendments.

Having received confirmation that the conditions were met, the Tribunal issued the final order bringing the attached zoning by-law amendments into effect.

Fortress Carlyle Peter St Inc. v. Toronto (City), 2022 CanLII 73926

G.C.P. Bishop

Final order issued amending zoning by-law to permit 59-storey mixed-use development.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 59-storey mixed-use development.

The Ontario Land Tribunal previously allowed the appeal in part and approved the draft amendment in principle.

Having received confirmation from the City Solicitor that the final form of the zoning by-law amendment is satisfactory and addresses the required conditions, the Tribunal issued its final order amending the zoning by-law.

Manulife Investment Management v. Toronto (City), 2022 CanLII 73914

G.C.P. Bishop

Zoning appeal allowed to permit a 27-storey mixed-use building in Toronto.

The applicant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit a 27-storey mixed-use building.

The Ontario Land Tribunal allowed the appeal and amended the zoning by-law, noting that the proposed amendment was in a final form and content satisfactory to the City.

Rockport (MPE) Inc. v. Toronto (City), 2022 CanLII 73909

G.C.P. Bishop

OLTOntario Land TribunalAug 8, 2022

Tribunal orders amendments to Official Plan and Zoning By-law for 33-storey mixed-use tower.

The applicant appealed the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a 33-storey mixed-use tower.

Following a previous decision allowing the appeals, the Tribunal issued an order finalizing the amendments to the Official Plan and Zoning By-law, securing density incentives and Section 37 contributions.

5300 Yonge GP Ltd. v. Toronto (City), 2022 CanLII 73906

G.C.P. Bishop

OLTOntario Land TribunalJul 28, 2022

Zoning appeal allowed and by-law amended following satisfaction of conditions.

The applicant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit increased building height and density at 34-36, 50 King Street East and 2 Toronto Street.

Following a public hearing in 2018 and a subsequent memorandum of oral decision, the Ontario Land Tribunal withheld its final order pending the satisfaction of conditions.

Having received confirmation that the conditions were satisfied, the Tribunal allowed the appeal and amended the zoning by-law.

Larco Investments Ltd. v. Toronto (City), 2022 CanLII 69466

G.C.P. Bishop

OLTOntario Land TribunalJul 26, 2022

Final order issued approving zoning by-law amendments for a mixed-use high-rise building in Toronto.

The appellant appealed the City of Toronto's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a mixed-use high-rise building.

Following an interim decision that approved the zoning by-law amendments in principle, the Tribunal issued a final order approving the final form of the zoning by-law amendments after all conditions were satisfied.

The official plan amendment was no longer required.

2547575 Ontario Inc. v. Toronto (City), 2022 CanLII 69443

G.C.P. Bishop

OLTOntario Land TribunalJul 21, 2022

Final order issued approving Official Plan and Zoning By-law amendments for Mimico-Judson Secondary Plan.

The Tribunal previously allowed appeals in part regarding the City of Toronto's Official Plan Amendment 331 (Mimico-Judson Secondary Plan) and related Zoning By-law Amendments for various properties.

The Tribunal withheld its final order pending receipt of the final versions of the instruments and confirmation of consent from the appellants and Metrolinx regarding conformity with the Tribunal's decision.

Having received the final instruments and confirmation of consent, and noting the execution of a Section 37 Agreement, the Tribunal issued its final order approving the Official Plan Amendment and Zoning By-law Amendments as modified.

CIC Management Services Inc. v. Toronto (City), 2022 CanLII 67030

G.C.P. Bishop

OLTOntario Land TribunalJun 28, 2022

Tribunal finalizes zoning by-law amendment for 29-storey mixed-use building after conditions met.

The applicant appealed the City of Toronto's refusal of a zoning by-law amendment application to permit a 29-storey mixed-use building at 210 Bloor Street West.

Following an interim decision that approved the development in principle subject to conditions, the Ontario Land Tribunal found that the conditions had been satisfied.

The Tribunal allowed the appeal in part and ordered the amendment of the zoning by-law, including securing Section 37 community benefits.

Tribute (Bloor Street West) Limited v. Toronto (City), 2022 CanLII 58330

G.C.P. Bishop

OLTOntario Land TribunalJun 27, 2022

Tribunal decision set aside and re-hearing ordered on request for review of severance and variance appeal.

The appellant filed a request for review of an Ontario Land Tribunal decision that had previously disposed of their appeal regarding consent to sever and minor variances for a property in Hamilton.

The Alternate Chair determined that the request met the threshold under Rule 25.7 to warrant a review.

The Tribunal ordered that the previous decision and order issued on January 4, 2022, be set aside and rescinded, and directed that a re-hearing be convened.

2628934 Ontario Inc. v. Hamilton (City), 2022 CanLII 73890

G.C.P. Bishop

OLTUnanimous0 cases2021–2023

Bryan W. Tuckey

OLTOntario Land TribunalMay 25, 2022

Tribunal issues final order approving official plan and zoning by-law amendments following section 37 agreement.

The Tribunal previously allowed appeals in part regarding official plan and zoning by-law amendments for properties in the City of Toronto, withholding its final order pending the execution of a section 37 agreement.

Having been advised that the agreement was executed and the final amendments settled, the Tribunal issued its final order amending the former City of Toronto Official Plan and Zoning By-law No. 438-86.

3C Lakeshore Inc. v. Toronto (City), 2022 CanLII 45356

G.C.P. Bishop

OLTOntario Land TribunalApr 28, 2022

Tribunal amends decision to correct legacy mining claim numbers to new claim numbers.

The Tribunal issued an amending decision to correct a technical error in its April 4, 2022 decision.

The original decision's Schedule A referenced legacy mining claim numbers instead of the corresponding new claim numbers.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the decision to replace the legacy claim numbers with the 848 new claim numbers provided jointly by the applicant and the Provincial Mining Recorder's Office.

Landore Resources Canada Inc. v. Eabametoong First Nation, 2022 CanLII 34929

G.C.P. Bishop

OLTOntario Land TribunalApr 4, 2022

Tribunal orders removal of 'pending proceedings' notation from mining claims and grants one-year extension.

The applicant requested an order to remove a 'pending proceedings' notation from the abstracts of its mining claims and an exclusion of time for the period the notation was in effect.

The Tribunal found that the underlying court proceeding had been finally determined, making the notation no longer necessary.

The Tribunal ordered the cancellation of the notation and granted a one-year extension of time for the performance and filing of prescribed assessment work.

Landore Resources Canada Inc. v. Eabametoong First Nation, 2022 CanLII 28200

Zoning by-law amendment to permit a dock as a principal use on a waterfront lot refused.

The appellant appealed the Township's refusal of a zoning by-law amendment application.

The appellant sought to rezone a vacant waterfront lot to permit a dock and walkway as the principal use, allowing the appellant to access their backland parcel across the road by boat.

The Tribunal dismissed the appeal, finding that the Official Plan and Development Permit By-law do not contemplate a dock as a principal use, but rather as an accessory use.

The Tribunal held that creating a standalone property with a dock as the principal use without tying it to a specific residential property would fail to control the intensity of use and did not represent good planning.

Smycorp Investments Inc. v. Lake of Bays (Township), 2022 CanLII 21242

John Ewart

97 cases2018–2026

William R. Middleton

OLTUnanimous0 cases2021–2026

G.C.P. Bishop

OLTUnanimous (Wrote the reasons)0 cases2021–2024

OLTOntario Land TribunalFeb 18, 2022

Township directed to follow proposed work program to implement previously approved zoning by-law settlement.

The appellants appealed a zoning by-law passed by the Township of North Kawartha.

The parties previously reached a settlement that was approved by the predecessor Local Planning Appeal Tribunal, which required the Township to amend certain zoning schedules.

The appellants brought the matter back before the Ontario Land Tribunal, expressing concern that the Township had failed to act expeditiously in completing the required mapping of wetlands and waters.

The Tribunal directed the Township to follow a proposed Work Program approved by its Council to implement the settlement as expeditiously as possible.

Clark Breuls et al. v. Township of North Kawartha, 2022 CanLII 11822

Warren Morris

OLTUnanimous7 cases2015–2025

G.C.P. Bishop

OLTOntario Land TribunalDec 24, 2021

Tribunal grants party status and issues procedural directions for Niagara Escarpment development permit appeal.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of a conditionally approved Development Permit Application to construct a single dwelling on a vacant lot in the Niagara Escarpment.

The Appellants raised concerns about the building's size, height, and visual impact.

The Tribunal granted party status to a neighbouring property owner, scheduled a mediation session and a two-day hearing, and issued procedural directions for the exchange of documents and visual aids.

Holmes v. Ontario (Niagara Escarpment Commission), 2021 CanLII 134575

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1 appearance

for Torgan Management Inc. and 844 Bathurst Holdings Inc.

Mary Flynn-GugliettiCounsel
3 appearances

for Township of Lake of Bays

J. EwartCounsel
1 appearance

for Township of Lake of Bays and Town of Huntsville

J. EwartCounsel
5 appearances

for William Boyer and Barbara Boyer

Russell D. CheesemanCounsel
1 appearance

for Wynstar Developments Inc.

Mark KemererCounsel
1 appearance

for Yellow Horizon Homes Ltd.

N. AstCounsel
1 appearance

in absentia

J. MeaderCounsel
1 appearance

102

Decisions

Years active

Tribunals

3.0

cases/mo

OLT102(100%)

Decision types

appeal

motion

/Adjudicator

G.C.P. Bishop — Vice-Chair

ADR/Mediation Services

Wills, Estates, Trusts Law

G.C.P. Bishop

Vice-Chair·Ontario Land Tribunal·Since 2021

102

cases · 4 yrs · OLT

Trial

Motion

Costs

Appeal

Sentencing

Alternate Chair· 26Vice-Chair· 13ALTERNATE CHAIR· 11Alternate-Chair· 7Alternate Chair· 6Alternate Chair· 4Vice Chair· 4ASSOCIATE CHAIR· 3

G.C.P. Bishop

Tribunal approves final form of Official Plan and Zoning By-law amendments for mixed-use development.

The Ontario Land Tribunal issued an order approving an Official Plan Amendment and Zoning By-law Amendments for a mixed-use mid-rise development in the City of Toronto.

The Tribunal had previously allowed the appeals in part following public hearings.

The final form and content of the amendments were found to be satisfactory to the City, and the Tribunal ordered their approval and adoption.

2226396 Ontario Inc. v. Toronto (City), 2022 CanLII 73912

G.C.P. Bishop

Final order issued approving zoning by-law amendment after satisfaction of Section 37 agreement conditions.

The applicant appealed the City of Toronto's neglect to enact a requested zoning by-law amendment to permit a mixed-use development.

Following a 2016 interim decision allowing the appeal in principle, the Tribunal withheld its final order pending the satisfaction of conditions, including a Section 37 agreement.

The parties advised the Tribunal that all conditions were met, and the Tribunal issued its final order approving the zoning by-law amendment.

C. Y. Vehicles Enterprise Inc. v. Toronto (City), 2022 CanLII 73902

G.C.P. Bishop

Appeal allowed and zoning by-law amendment approved to permit two mixed-use tall buildings.

The appellant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit two mixed-use tall buildings.

Following an interim decision approving the amendments in principle, the Ontario Land Tribunal issued its final order allowing the appeal and approving the final form of the zoning by-law amendment.

Dandaw Development Ltd. v. Toronto (City), 2022 CanLII 73899

G.C.P. Bishop

Zoning By-law Amendment approved following registration of Section 37 Agreement.

The applicants appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development.

The former Ontario Municipal Board had allowed the appeal in principle in 2012, withholding its final order until a Section 37 Agreement was executed and registered.

The City Solicitor having confirmed the agreement's registration, the Ontario Land Tribunal issued its final order approving the Zoning By-law Amendment.

1212763 Ontario Limited & 1212765 Ontario Limited v. City of Toronto, 2022 CanLII 73939

G.C.P. Bishop

Tribunal allows appeal in part and amends zoning by-law to permit 38-storey mixed-use building.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a 38-storey mixed-use building.

Following an earlier interim decision approving the amendment in principle, the Ontario Land Tribunal issued its final order.

The Tribunal allowed the appeal in part and amended the City's zoning by-law to permit the development, subject to site-specific provisions and Section 37 community benefits.

Weston Road Limited Partnership v. Toronto (City), 2022 CanLII 73928

G.C.P. Bishop

Final order issued amending zoning by-laws to permit a 46-storey mixed-use building in Toronto.

Having received confirmation that the conditions were met, the Tribunal issued the final order bringing the attached zoning by-law amendments into effect.

Fortress Carlyle Peter St Inc. v. Toronto (City), 2022 CanLII 73926

G.C.P. Bishop

Final order issued amending zoning by-law to permit 59-storey mixed-use development.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 59-storey mixed-use development.

The Ontario Land Tribunal previously allowed the appeal in part and approved the draft amendment in principle.

Manulife Investment Management v. Toronto (City), 2022 CanLII 73914

G.C.P. Bishop

Zoning appeal allowed to permit a 27-storey mixed-use building in Toronto.

The applicant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit a 27-storey mixed-use building.

The Ontario Land Tribunal allowed the appeal and amended the zoning by-law, noting that the proposed amendment was in a final form and content satisfactory to the City.

Rockport (MPE) Inc. v. Toronto (City), 2022 CanLII 73909

G.C.P. Bishop

OLTOntario Land TribunalAug 8, 2022

Tribunal orders amendments to Official Plan and Zoning By-law for 33-storey mixed-use tower.

The applicant appealed the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a 33-storey mixed-use tower.

5300 Yonge GP Ltd. v. Toronto (City), 2022 CanLII 73906

G.C.P. Bishop

OLTOntario Land TribunalJul 28, 2022

Zoning appeal allowed and by-law amended following satisfaction of conditions.

Following a public hearing in 2018 and a subsequent memorandum of oral decision, the Ontario Land Tribunal withheld its final order pending the satisfaction of conditions.

Having received confirmation that the conditions were satisfied, the Tribunal allowed the appeal and amended the zoning by-law.

Larco Investments Ltd. v. Toronto (City), 2022 CanLII 69466

G.C.P. Bishop

OLTOntario Land TribunalJul 26, 2022

Final order issued approving zoning by-law amendments for a mixed-use high-rise building in Toronto.

The appellant appealed the City of Toronto's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a mixed-use high-rise building.

The official plan amendment was no longer required.

2547575 Ontario Inc. v. Toronto (City), 2022 CanLII 69443

G.C.P. Bishop

OLTOntario Land TribunalJul 21, 2022

Final order issued approving Official Plan and Zoning By-law amendments for Mimico-Judson Secondary Plan.

The Tribunal previously allowed appeals in part regarding the City of Toronto's Official Plan Amendment 331 (Mimico-Judson Secondary Plan) and related Zoning By-law Amendments for various properties.

CIC Management Services Inc. v. Toronto (City), 2022 CanLII 67030

G.C.P. Bishop

OLTOntario Land TribunalJun 28, 2022

Tribunal finalizes zoning by-law amendment for 29-storey mixed-use building after conditions met.

The applicant appealed the City of Toronto's refusal of a zoning by-law amendment application to permit a 29-storey mixed-use building at 210 Bloor Street West.

Following an interim decision that approved the development in principle subject to conditions, the Ontario Land Tribunal found that the conditions had been satisfied.

The Tribunal allowed the appeal in part and ordered the amendment of the zoning by-law, including securing Section 37 community benefits.

Tribute (Bloor Street West) Limited v. Toronto (City), 2022 CanLII 58330

G.C.P. Bishop

OLTOntario Land TribunalJun 27, 2022

Tribunal decision set aside and re-hearing ordered on request for review of severance and variance appeal.

The appellant filed a request for review of an Ontario Land Tribunal decision that had previously disposed of their appeal regarding consent to sever and minor variances for a property in Hamilton.

The Alternate Chair determined that the request met the threshold under Rule 25.7 to warrant a review.

The Tribunal ordered that the previous decision and order issued on January 4, 2022, be set aside and rescinded, and directed that a re-hearing be convened.

2628934 Ontario Inc. v. Hamilton (City), 2022 CanLII 73890

G.C.P. Bishop

OLTUnanimous0 cases2021–2023

Bryan W. Tuckey

OLTOntario Land TribunalMay 25, 2022

Tribunal issues final order approving official plan and zoning by-law amendments following section 37 agreement.

3C Lakeshore Inc. v. Toronto (City), 2022 CanLII 45356

G.C.P. Bishop

OLTOntario Land TribunalApr 28, 2022

Tribunal amends decision to correct legacy mining claim numbers to new claim numbers.

The Tribunal issued an amending decision to correct a technical error in its April 4, 2022 decision.

The original decision's Schedule A referenced legacy mining claim numbers instead of the corresponding new claim numbers.

Landore Resources Canada Inc. v. Eabametoong First Nation, 2022 CanLII 34929

G.C.P. Bishop

OLTOntario Land TribunalApr 4, 2022

Tribunal orders removal of 'pending proceedings' notation from mining claims and grants one-year extension.

The applicant requested an order to remove a 'pending proceedings' notation from the abstracts of its mining claims and an exclusion of time for the period the notation was in effect.

The Tribunal found that the underlying court proceeding had been finally determined, making the notation no longer necessary.

The Tribunal ordered the cancellation of the notation and granted a one-year extension of time for the performance and filing of prescribed assessment work.

Landore Resources Canada Inc. v. Eabametoong First Nation, 2022 CanLII 28200

John Ewart

97 cases2018–2026

Jennifer Biggar

16 cases2022–2025

G.C.P. Bishop

OLTOntario Land TribunalMar 15, 2022

Zoning by-law amendment to permit a dock as a principal use on a waterfront lot refused.

The appellant appealed the Township's refusal of a zoning by-law amendment application.

The appellant sought to rezone a vacant waterfront lot to permit a dock and walkway as the principal use, allowing the appellant to access their backland parcel across the road by boat.

The Tribunal dismissed the appeal, finding that the Official Plan and Development Permit By-law do not contemplate a dock as a principal use, but rather as an accessory use.

Smycorp Investments Inc. v. Lake of Bays (Township), 2022 CanLII 21242

John Ewart

97 cases2018–2026

William R. Middleton

OLTUnanimous0 cases2021–2026

G.C.P. Bishop

OLTUnanimous (Wrote the reasons)0 cases2021–2024

OLTOntario Land TribunalFeb 18, 2022

Township directed to follow proposed work program to implement previously approved zoning by-law settlement.

The appellants appealed a zoning by-law passed by the Township of North Kawartha.

The parties previously reached a settlement that was approved by the predecessor Local Planning Appeal Tribunal, which required the Township to amend certain zoning schedules.

The Tribunal directed the Township to follow a proposed Work Program approved by its Council to implement the settlement as expeditiously as possible.

Clark Breuls et al. v. Township of North Kawartha, 2022 CanLII 11822

Warren Morris

OLTUnanimous7 cases2015–2025

G.C.P. Bishop