Nazanin Eisazadeh

This decision arises from the first Case Management Conference regarding appeals by the applicant against the municipality for failing to adopt an Official Plan Amendment and Zoning By-law Amendment for a 55-storey residential tower.

The Tribunal granted party status to Canadian National Railway Company and Curated North Inc. on consent.

Participant status was granted to two adjacent landowners/residents, but denied to a third individual who failed to provide sufficient information or attend the conference.

The Tribunal scheduled a 12-day merit hearing and a one-day motion hearing, and directed the filing of a finalized Procedural Order.

The parties convened a status hearing to resolve a dispute over the wording of an issue for the Procedural Order in a site plan appeal for a proposed cemetery.

The Town sought to include an issue regarding whether the scale and phasing of the development was consistent with demonstrated need under the Provincial Planning Statement.

The applicant argued that 'need' is not a requirement for site plan approval under section 41 of the Planning Act.

The Tribunal directed the inclusion of a precursor issue asking whether need is a requirement for site plan approval, finding that the Tribunal must be guided by statutory requirements rather than importing what it deems valid considerations.

The Tribunal held a Case Management Conference to address preliminary issues in an appeal concerning a site plan application for a proposed cemetery.

The primary issue was the admissibility of two new witness statements filed by the Town, which the applicant argued were improper and raised new issues.

The Tribunal ruled that the witness statements were relevant to the site plan appeal and permissible.

The Tribunal also declined to stay the proceedings pending a related judicial review application, finding no exceptional circumstances, and scheduled a four-day merit hearing.

The Tribunal previously allowed the applicant's appeal under section 34(11) of the Planning Act in part, approving a zoning by-law amendment in principle subject to conditions.

Having been advised by the City solicitor that the conditions have been satisfied, the Tribunal issued its final Order amending the City of Toronto Zoning By-law No. 569-2013.

The appellant appealed the refusal of the Central Lake Ontario Conservation Authority to issue a development permit.

During the course of the hearing, new legislative amendments to the Conservation Authorities Act and O.Reg 41/24 came into effect.

The Tribunal ruled that the new legislation governs the de novo appeal and granted an adjournment to allow the parties and their experts to address the new law.

The Tribunal also granted the appellant's motion to amend his witness list but denied a request for a site visit as premature.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Fengate LiUNA Gardens Holdings LP against the City of Hamilton's failure to adopt an Official Plan Amendment and Zoning By-law Amendment for a proposed redevelopment.

The Tribunal confirmed that notice for the first CMC was sufficient and granted participant status to one additional individual on consent.

The Tribunal directed the parties to submit a revised draft Procedural Order and Issues List and confirmed the scheduling of a 10-day video hearing.