G. Ross

The appellants appealed the municipality's refusal of a Zoning By-law Amendment application to legalize the limited residential use (office, multi-purpose space, and sanitary facilities) of the second-storey loft of an existing detached garage on a waterfront property.

The municipality argued the use constituted a dwelling unit and would negatively impact the at-capacity Lake Trout Lake.

The Tribunal allowed the appeal, finding that the proposed use did not include bedrooms or kitchens, the existing septic system was adequate, and the proposal was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.

The applicant appealed the Committee of Adjustment's denial of a minor variance to permit a driveway width of 7.5 metres, exceeding the maximum permitted width of 7.0 metres.

The applicant sought the variance to accommodate an additional vehicle and ensure safe access for residents with mobility issues.

The City opposed the variance, arguing it failed the four tests under the Planning Act and would negatively impact the streetscape.

The Tribunal allowed the appeal, finding the variance was minor, met the four tests, did not pose safety risks, and maintained sufficient permeable landscaping.

At a Case Management Conference, the Tribunal considered appeals of the City of Richmond Hill's Official Plan Amendment No. 18.5.

The appellants confirmed their appeals were scoped on a site-specific basis to 9218 Yonge Street and 9251 Yonge Street.

The Tribunal ordered that OPA 18.5 is in force and effect on a plan-wide basis, save and except for the two site-specific addresses, pursuant to subsection 17(39) of the Planning Act.

The Tribunal also approved a Draft Procedural Order on consent to govern the upcoming merit hearing.

The Ontario Land Tribunal held a case management conference regarding an appeal by Via Rail Canada Inc. concerning proposed changes to conditions of approval for a draft plan of subdivision in the City of Ottawa.

The Tribunal received no further requests for party or participant status, considered the parties' updated Procedural Order submitted on consent, and scheduled a new five-day hearing commencing April 28, 2025, to allow additional time to review reports.

The Tribunal held a first Case Management Conference regarding appeals of the City of Markham's Official Plan Amendment 53 (Markham Road – Mount Joy Secondary Plan).

On consent of the parties, the Tribunal granted party status to the Toronto Regional Conservation Authority and the York Region District School Board.

The parties agreed to pursue Tribunal-led mediation in the first quarter of 2025.

A second Case Management Conference was scheduled for March 5, 2025, with the Procedural Order and Issues List deferred pending the outcome of mediation.

The applicant appealed the municipality's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a 15-storey residential building.

The Ontario Land Tribunal issued a Procedural Order, as agreed to by the parties, to govern the procedures leading up to a 5-day hearing scheduled to commence on February 10, 2025.

The applicants appealed the Committee of Adjustment's denial of minor variances required to accommodate an accessory apartment.

The requested variances sought relief from zoning by-law provisions regarding maximum driveway width, minimum parking space length, and parking obstruction.

The Ontario Land Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, noting the use of permeable interlocking brick to mitigate run-off and the alignment with provincial goals for increased residential density.

The appeal was allowed and the variances were authorized subject to a condition regarding tenant notification of potential parking obstruction.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the municipality for failing to make a decision on Official Plan and Zoning By-law Amendment applications for a 15-storey residential building.

The Tribunal granted party status to a community association and participant status to two other entities on consent.

A five-day merit hearing was scheduled for February 2025.

The City of Richmond Hill brought a motion for directions regarding the application of s. 17(36.1.4) of the Planning Act to appeals of its Official Plan Amendment 41 (OPA 41).

The Tribunal found that the angular plane requirements in Policy 10.3.4 function to set maximum heights and are therefore unappealable.

The Tribunal also found that the maximum density policies in Policy 10.3.6 identify maximum densities within a Protected Major Transit Station Area and are unappealable, with the exception of subsection 5.

The Tribunal ordered the parties to prepare an Issues List reflecting these findings and confirmed that certain unappealed policies of OPA 41 are in full force and effect.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the Town of Fort Erie's Official Plan Amendment No. 56 and Zoning By-Law Amendment No. 144-2021.

One appellant withdrew their appeal, and another reached a settlement with the Town.

The Tribunal scheduled a written settlement hearing for the resolved appeal and a further Case Management Conference for the remaining appellants, who are seeking to amend their development applications.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings for an appeal of the City of Ottawa's Official Plan Amendment No. 2023-48, which adopts the Orleans Corridor Secondary Plan.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence for the hearing scheduled to commence on February 10, 2025.

The Tribunal convened a Case Management Conference regarding appeals by Parkside Hills Inc. concerning conditions of approval for a Draft Plan of Subdivision and a related Site Plan Application in the City of Hamilton.

The core issue involves the valuation of lands to be conveyed to the City for stormwater management purposes.

The Tribunal scheduled a four-day video hearing for January 2025 and approved the Procedural Order submitted by the parties.

The applicants appealed the Township's refusal of a zoning by-law amendment to permit a tourist establishment.

Prior to the hearing, the applicants and the Township reached a settlement.

At the hearing, three individuals sought party status to oppose the settlement, raising environmental, property value, and Indigenous consultation concerns, and requested an adjournment to retain counsel.

The Tribunal applied the Oakville factors and denied party status, finding their participation as parties was not necessary to adjudicate the issues and would prejudice the applicants.

The individuals were granted participant status instead, and the merit hearing was adjourned to allow them time to file participant statements.

The Tribunal held a fourth Case Management Conference regarding multiple appeals against the City of Ottawa's adoption of Official Plan Amendment No. 3 (Orleans Corridor Secondary Plan).

The Tribunal scheduled a three-day merit hearing for one appeal, a one-day settlement hearing for another, and a further Case Management Conference for the remaining appeals to allow ongoing settlement discussions to continue.

One appeal was held in abeyance pending a status update.

This decision arises from a Case Management Conference regarding multiple appeals of Official Plan Amendment No. 59 adopted by the County of Middlesex.

The Tribunal approved a draft Procedural Order submitted on consent by the parties.

The Tribunal scheduled a 14-day hearing for phase one issues and a 5-day hearing for phase two issues, and directed the parties to participate in Tribunal-led mediation.

The appellant appealed the City of Toronto's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan Approval to permit a mixed-use development.

Following a settlement between the parties, the proposal was revised to include a 58-storey building and a 12-storey building, addressing concerns regarding height, massing, and heritage conservation.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with provincial policies and the City's Official Plan.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle and withholding its final order pending the satisfaction of several conditions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the city for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 15-storey residential building.

The Tribunal granted Party status to the Toronto and Region Conservation Authority and Participant status to several individuals on consent.

Requests for Party status by two resident associations were deferred to a subsequent CMC.

A five-day merit hearing was scheduled for February 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Town of Whitby's adoption of Official Plan Amendment 130, which introduces policies for residential infill and intensification.

One set of appellants withdrew their appeal.

The remaining parties reported productive discussions and optimism about reaching a settlement.

The Tribunal scheduled a third Case Management Conference to allow the parties time to finalize a settlement or request a hearing date.

At a Case Management Conference regarding appeals of zoning by-law amendments and a proposed plan of subdivision in the City of Thorold, the Ontario Land Tribunal deferred scheduling a hearing on the merits.

Instead, the Tribunal scheduled a one-day motion hearing to determine a contested request for party status in the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of Zoning By-law Amendments and a proposed Plan of Subdivision in the City of Thorold.

The Tribunal deferred scheduling a hearing on the merits due to an outstanding request for party status by Rudanco Hospitality Corporation, which the Applicant opposed.

The Tribunal scheduled a one-day motion hearing to determine the party status request.