Adrian Frank

The appellant appealed the municipality's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to facilitate an 87-unit townhouse development.

The parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with applicable growth and official plans.

The appeals were allowed, and the planning instruments were approved subject to conditions.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 1891 Eglinton Avenue East in Toronto.

The applicant submitted a revised application, and the parties agreed to a revised Procedural Order and a new 14-day Merit Hearing date.

The Tribunal approved the revised Procedural Order, scheduled the Merit Hearing for March 11, 2024, and directed the parties' planning experts to provide an agreed Statement of Facts.

The appellant appealed the City's failure to make a decision on a proposed Plan of Subdivision and requested that a merit hearing be scheduled.

The City opposed the request, arguing it was premature to schedule the hearing before a related Official Plan Amendment appeal decision was released.

The Tribunal agreed with the City, finding it premature to schedule a merit hearing because the parties had not yet submitted a draft Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 100 Davenport Limited Partnership against the City of Toronto's failure to make a decision on zoning by-law amendment and site plan applications for a 19-storey mixed-use building.

The parties agreed to reduce the required hearing time from 10 days to 7 days.

The Tribunal approved the revised Procedural Order and scheduled a 7-day video hearing to commence on October 26, 2023.

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 building.

The parties reached a settlement for a revised 16-storey proposal.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and City Official Plan.

The appeals were allowed in part, with the final order withheld pending the satisfaction of technical conditions.

The City of Mississauga brought a motion to dismiss Dunpar Homes' appeal of the City's Parkland Conveyance By-law without a hearing, arguing the notice of appeal failed to set out sufficient objections and reasons as required by s. 42(4.9) of the Planning Act.

Dunpar argued that an earlier draft of its appeal letter was inadvertently filed electronically, but that it still contained sufficient planning grounds, and that a correct hard copy was also served.

The Tribunal dismissed the City's motion, finding that the electronic notice of appeal provided a sufficient 'originating core' of planning grounds, specifically that the by-law failed to conform with provincial and municipal policies, and that the appeal should not be dismissed on an overly technical basis.

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 26-storey mixed-use building.

The parties reached a settlement on a revised proposal with reduced gross floor area and parking.

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

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order until the City confirms that necessary conditions, including servicing reports and agreements, have been satisfied.

The Ontario Land Tribunal held a first Case Management Conference regarding five appeals of the City of Toronto's Development Charge By-law 1137-2022.

The parties advised they were in ongoing discussions and expected to finalize a Procedural Order and Issues List by late June.

The Tribunal scheduled a further video Case Management Conference for June 26, 2023, and directed the parties to submit a draft Procedural Order, an estimated hearing length, and availability dates by June 19, 2023.

The appellants appealed the Town of Oakville's Parkland Dedication By-law No. 2022-108.

At the first Case Management Conference, the parties advised that the recent enactment of Bill 23 and its pending regulations might necessitate the repeal and replacement of the by-law.

The Tribunal ordered the Town to provide a status update by October 1, 2023, after consulting with the appellants.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for non-decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision.

The Tribunal granted participant status to four entities.

On consent, the Tribunal consolidated these appeals with an existing appeal relating to a site and area specific policy.

The consolidated proceedings were held in abeyance to allow the parties to pursue private mediation and settlement discussions.

A Case Management Conference was held regarding appeals by the applicant against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law, and a site plan application, to permit a 25-storey mixed-use building.

The Tribunal granted party status to two neighbouring property owners and participant status to five individuals.

A procedural order was approved and a 10-day hearing was scheduled to commence on June 12, 2023.

A Case Management Conference was held regarding appeals of the City of Toronto's Official Plan Amendment No. 183 and the Historic Yonge Street Heritage Conservation District.

The Tribunal scheduled a further CMC for July 2023 to allow the City to finalize a revised HCD plan and for parties to scope issues.

The Tribunal declined to schedule a merits hearing, finding it premature.

A request by a new property owner to assume a withdrawn appeal was deferred, with a scheduled motion date vacated on consent of the parties.

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.

A Case Management Conference was held regarding appeals from the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 26-storey mixed-use building.

The Tribunal granted party status to a neighbouring property owner and participant status to several area residents and a condominium corporation.

A Procedural Order was approved and a 10-day hearing was scheduled.

The appellants appealed the City of Toronto's Official Plan Amendment 450 and the failure to make a decision on zoning by-law amendment applications for properties on Laird Drive.

The parties reached a settlement regarding the zoning by-law amendments and the appeal of OPA 450.

Based on the uncontradicted expert planning evidence, the Tribunal found that the settlement proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan and the City's Official Plan, and represented good planning.

The Tribunal allowed the appeals in part and approved the zoning by-law amendments and modifications to OPA 450.

The appellants appealed the City of Toronto's Official Plan Amendment 450 and the failure to make a decision on zoning by-law amendment applications for properties on Laird Drive.

The parties reached a settlement regarding the zoning by-law amendments and the OPA 450 appeal.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement, in conformity with the Growth Plan and City Official Plan, and in the public interest.

The Tribunal approved the zoning by-law amendments and modified OPA 450 accordingly.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendments to permit a 29-storey mixed-use development.

At a settlement hearing, the parties presented a revised proposal that no longer required an Official Plan Amendment.

Based on uncontested expert planning evidence, the Tribunal found the proposed Zoning By-law Amendment was consistent with provincial policy, conformed to the City's Official Plan, and represented good land use planning.

The Tribunal allowed the appeal in part and approved the Zoning By-law Amendment in principle, withholding its final order pending the finalization of the by-law and a Section 37 agreement.

The Tribunal held a third Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The parties consented to a draft Procedural Order, which the Tribunal approved to govern the upcoming hearing on the merits scheduled for June 2023.

The Tribunal held a Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments for a proposed 80-storey mixed-use development.

The Tribunal granted party status to BentallGreenOak and participant status to two others on consent.

A 10-day hearing was scheduled for April 2023, and the parties were directed to submit a Procedural Order and Issues List.

A Case Management Conference and Status Hearing was held regarding appeals against the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a proposed 29-storey mixed-use building.

The Tribunal noted ongoing settlement discussions and directed the parties to provide a draft Hearing Plan by May 20, 2022, ahead of the scheduled 10-day hearing.