T.F. Ng

The Tribunal held a second Case Management Conference regarding an appeal of an Official Plan Amendment to permit retail and commercial uses in an agricultural area.

Due to the potential impacts of Bill 23 (More Homes Built Faster Act), the Tribunal scheduled a further Case Management Conference to allow the parties to update the Tribunal on the status of discussions and finalize the Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference for an appeal regarding a zoning by-law amendment application to permit a 46-unit townhouse development in Kincardine.

The Tribunal abridged the time for service, granted participant status to a neighbour, and scheduled a further CMC that may be converted to a settlement hearing, as the parties are in the process of executing Minutes of Settlement.

The applicant appealed the City of Mississauga's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to facilitate the development of three residential towers.

At the first Case Management Conference, the Tribunal directed the parties to submit a Procedural Order and Issues List by February 6, 2023, and scheduled a second Case Management Conference for February 13, 2023, to allow the City time to finalize its issues.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment and site plan application for a 19-storey mixed-use building.

The Tribunal granted party status to several residents' associations and a condominium corporation, and participant status to the Toronto Lands Corporation.

A 10-day hearing and a further 1-day CMC were scheduled, and the parties were directed to submit a draft Procedural Order.

The appellants appealed the approval of Official Plan Amendment 44 by the Town of Halton Hills and the Regional Municipality of Halton.

At the first Case Management Conference, the Tribunal granted party status to a residents' association and participant status to an individual.

The Tribunal declined a request to consolidate one of the appeals with a site-specific appeal, noting that no formal motion had been brought and that pending legislative changes under Bill 23 could affect the proceedings.

A further Case Management Conference was scheduled to allow the parties to assess the impact of the new legislation once enacted.

The applicant appealed the City of Pickering's refusal of a zoning by-law amendment to permit an infill residential development of four semi-detached dwellings on a severed parcel.

The Tribunal found that the proposed development conforms to the City's Official Plan, is consistent with the Provincial Policy Statement, and maintains the low-rise residential character of the neighbourhood.

The Tribunal preferred the evidence of the applicant's planner, noting the City's planner made several concessions during cross-examination.

The appeal was allowed and the municipality was directed to amend the zoning by-law.

The applicant appealed the City of Ottawa's refusal to issue a permit for the construction of a dwelling in a heritage conservation district under the Ontario Heritage Act.

At the second Case Management Conference, the Tribunal granted provisional party status to the Rockcliffe Park Residents Association.

The Tribunal scheduled a further Case Management Conference to allow the parties to finalize the issues list and identify expert witnesses.

The applicant 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 10-storey residential condominium and 10 townhouses.

The core issue was whether redesignating a portion of the site from 'Neighbourhoods' to 'Mixed Use Areas' was appropriate.

The Tribunal preferred the evidence of the applicant's experts, finding that the proposed development represents good planning, provides appropriate transition to the adjacent low-rise neighbourhood, and conforms to provincial and municipal policies.

The appeals were allowed in part, approving the development in principle subject to conditions.

The applicant appealed the Town of Collingwood's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 100-unit residential development.

Prior to the hearing, the applicant reached settlements with the Town, the County of Simcoe, and the Nottawasaga Valley Conservation Authority.

Based on the uncontested expert planning evidence, the Tribunal found the proposed development consistent with provincial policies and local official plans.

The appeals were allowed, the Zoning By-law Amendment was approved, and the Draft Plan of Subdivision was approved subject to conditions.

The City of Toronto brought a motion for partial approval of Official Plan Amendment No. 469 (the Sherway Area Secondary Plan) following a partial settlement with several appellants.

The Tribunal approved the motion, bringing unappealed portions of the OPA into force and approving specific modifications on a plan-wide basis, while preserving site-specific and precinct-specific appeals for future adjudication.

The Tribunal also scheduled a further Case Management Conference and a seven-week hearing for the remaining appeals.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents an appropriate level of intensification for the site, which is located in an Urban Growth Centre.

The Tribunal allowed the appeals and approved the amendments in principle, subject to conditions including the provision of a 2.0-metre road widening dedication to the City to enhance the public realm.

The applicant 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 development.

At the first Case Management Conference, the Tribunal noted that the applicant intended to submit a revised application to address City staff concerns.

The Tribunal scheduled a second Case Management Conference for February 2023 and a nine-day hearing for October 2023.

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 rental apartment building.

The Tribunal previously allowed the appeals in part and withheld its final order pending the satisfaction of certain conditions.

The parties advised the Tribunal that the conditions had been satisfied.

The Tribunal issued its final order amending the Zoning By-law, which included securing Section 37 contributions for capital improvements and laneway upgrades.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Dundeal 212 King LP, 214 King Holdings Limited, and 220 KSW LP against the City of Toronto's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment.

The applications propose an 80-storey mixed-use building with 569 purpose-built rental units at 212-220 King Street West.

The Tribunal issued a Procedural Order on consent, setting a 10-day video hearing to commence on April 24, 2023, and establishing the issues list and procedural dates.

The appellants appealed the Regional Municipality of Durham's modifications to the Municipality of Clarington's Official Plan Amendment No. 124, specifically concerning Policy 4.4.7 of the Southeast Courtice Secondary Plan.

The parties reached a settlement to revise the policy to require an overall average density of 85 units per net hectare, with no individual development having less than 60 units per net hectare.

The Tribunal accepted uncontested expert planning evidence that the revised policy represents good planning, is consistent with the Provincial Policy Statement, and conforms with the Growth Plan and applicable official plans by facilitating a broader range of housing types, including townhouses.

The appeals were allowed to approve the modified policy.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 15-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to Delmanor Prince Edward Inc. and the Toronto and Region Conservation Authority on consent.

The Tribunal scheduled a further Case Management Conference to allow time for the City to review a newly submitted Official Plan Amendment and directed the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Renimmob Properties Limited against the City of Burlington's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 25-storey mixed-use development.

The Tribunal granted party status to the Regional Municipality of Halton on consent.

A 14-day hearing was scheduled for April and May 2023, and the parties were directed to submit a finalized Procedural Order and Issues List.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by the applicant concerning the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 143-unit mixed-use development.

The order sets out the schedule, issues list, and procedural requirements for the 10-day video hearing scheduled to commence on March 13, 2023.

The Tribunal held a first case management conference regarding an appeal by Tuxedo Court GP Ltd. against the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 644-unit mixed-use development.

The Toronto and Region Conservation Authority was granted party status without objection.

The Tribunal directed the parties to submit a draft Procedural Order and Issues List and scheduled a further case management conference.

The applicant appealed the Committee of Adjustment's refusal of a consent to sever and minor variances to create a new residential building lot in Orangeville.

The Tribunal found that the proposed severance and variances met the criteria under s. 51(24) and the four tests under s. 45(1) of the Planning Act, being consistent with the Provincial Policy Statement and conforming to the Growth Plan and local official plans.

The appeal was allowed, provisional consent was granted subject to conditions, and the variances were authorized.