Adrianna Monique Pilkington

The City of Toronto brought a motion seeking to confirm the unappealed portions of Official Plan Amendment No. 499 (Golden Mile Secondary Plan), approve proposed modifications, and adjourn remaining site-specific appeals.

The Tribunal accepted the uncontested land use planning evidence that the modifications represent good planning and are consistent with provincial policies.

The Tribunal approved the modifications, confirmed the unappealed portions, and granted the requested adjournments on consent of the parties.

At a Case Management Conference concerning appeals for a Zoning By-law Amendment and Site Plan Approval for a proposed townhouse development, the Tribunal considered Metrolinx's request for party status.

Metrolinx raised rail-safety concerns regarding the development and had not cleared a condition of the draft Zoning By-law approval.

Finding that Metrolinx had a direct and genuine interest and its involvement was necessary to resolve the appeals, the Tribunal granted Metrolinx party status on consent and scheduled a two-day hearing to address the outstanding conditions.

The appellant appealed the City of Hamilton's approval of an Official Plan Amendment and Zoning By-law Amendments that permitted a residential development of single-detached and townhouse dwellings.

The appellant argued the approvals were premature because the stormwater management strategy lacked coordination with adjacent lands and was not technically feasible.

The Tribunal preferred the evidence of the applicant's experts, finding that the preliminary stormwater management plans were sufficiently coordinated and that remaining technical matters could be addressed at the detailed design stage.

The Tribunal allowed the appeals in part to approve modified Zoning By-law Amendments that included appropriate holding provisions, concluding the proposal represented good planning and was in the public interest.

At a Case Management Conference for appeals of the City of Burlington's Official Plan Amendment No. 130, the City requested an amendment to the Procedural Order to change the order of argument so it could present first.

The Tribunal dismissed the request, finding the City failed to demonstrate undue prejudice to justify altering the previously ordered procedure, especially since evidence would be submitted in writing.

The Tribunal granted a joint request to adjourn the merit hearing to allow the parties to consider impending provincial legislation.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the Building Industry and Land Development Association and Burlington Healthcare Centre Inc. & Carriage Gate Inc. against the City of Burlington's Official Plan Amendment 130.

The amendment updated policies in response to Bill 109 regarding pre-consultation processes and complete planning application submissions.

The order sets out the organization of the hearing, requirements before the hearing, key dates, parties, and the issues list.

This was the second Case Management Conference regarding appeals against the City of Pickering's Official Plan Amendment No. 46, which implements changes related to Bill 109.

The Tribunal reviewed a draft Procedural Order and Issues List submitted on consent, requested minor amendments including adding a party, and scheduled a two-day merit hearing for January 2025.

The Tribunal held a second Case Management Conference regarding an appeal by the appellant against the respondent's Official Plan Amendment No. 232, which implements changes related to Bill 109.

The parties requested additional time to advance settlement discussions.

The Tribunal adjourned the matter sine die and directed the parties to provide a status update by March 29, 2024.

The appellant appealed a development permit issued by the Niagara Escarpment Commission to the applicant for a residential development.

The parties reached a settlement modifying the permit conditions, including updated stormwater management requirements.

Based on uncontested expert land use planning evidence, the Hearing Office found the modified permit consistent with the Provincial Policy Statement and in conformity with the Niagara Escarpment Plan and the Growth Plan.

The appeal was dismissed and the modified permit was confirmed.

At a Case Management Conference regarding appeals of a development permit, official plan amendment, and zoning by-law amendment for a proposed development, a neighbouring property owner requested Party status.

The neighbour argued that the proposed development would impact its own stormwater management plan and developable area.

The applicant opposed the request, arguing it was too late in the process and would cause prejudice.

The Tribunal denied Party status, finding that adding a new Party at this late stage would unfairly prejudice the applicant and that the neighbour's concerns could be adequately addressed through Participant status.

The neighbour was granted Participant status in each of the proceedings.

The Building Industry and Land Development Association appealed the Town of Oakville's adoption of Official Plan Amendments 53 and 329, which updated policies in response to Bill 109.

The parties reached a settlement modifying the amendments to direct that applicants should host Public Information Meetings prior to submitting development applications.

Based on uncontested planning evidence, the Tribunal found the modifications represented good planning by formalizing a process for early public engagement.

The appeal was allowed in part to approve the modified amendments.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the Building Industry and Land Development Association and others against the City of Burlington's Official Plan Amendment No. 130.

The parties indicated ongoing settlement efforts and requested flexibility in drafting the Procedural Order, as the merit hearing may proceed primarily on legal arguments without oral testimony.

The Tribunal scheduled a second Case Management Conference for January 2024 and a two-day merit hearing for May 2024.

The applicants appealed a Committee of Adjustment decision denying minor variances required to construct a new two-storey single detached dwelling on a waterfront property.

The requested variances sought relief for a reduced front yard setback and a reduced shore-side setback.

The Ontario Land Tribunal allowed the appeal, preferring the evidence of the applicants' planner and coastal engineer.

The Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as they maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The variances were authorized subject to conditions, including adherence to a Shoreline Hazard Study.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Hamilton's approval of official plan and zoning by-law amendments to permit a residential development.

The Tribunal granted party status to the applicant without objection.

The City of Hamilton did not appear and indicated it would not participate in the proceedings.

The Tribunal scheduled a five-day video hearing and approved the procedural order and issues list.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Niagara Escarpment Commission's conditional approval of a development permit application.

The application sought to subdivide a property into single-dwelling lots and townhouse blocks.

The Tribunal issued a Procedural Order, finalized the Issues List, and scheduled a four-day video hearing on the merits.

The Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 573, which enacts Site and Area Specific Policy No. 772 for the Danforth Avenue Study Area.

Six entities requested and were granted non-appellant party status on consent.

The Tribunal directed the parties to seek instructions regarding Tribunal-led mediation and scheduled a second Case Management Conference to consider a draft Procedural Order or settlement.

The Ontario Land Tribunal issued an amending decision to correct typographical errors in its previous decision dated April 28, 2022.

The amendments added Canadian Tire Real Estate Limited as a party and corrected the spelling of a counsel's name from Calvin Lance to Calvin Lantz.

The Tribunal held a second Case Management Conference regarding appeals of the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications for a mixed-use development at 1891 Eglinton Avenue East.

The Tribunal noted a change in ownership to Mattamy Eglinton Limited Partnership and scheduled third and fourth Case Management Conferences, as well as a 14-day Hearing of the Merits.

The Tribunal held a first Case Management Conference regarding appeals by 2004085 Ontario Inc. 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 at 1891 Eglinton Avenue East.

The Tribunal granted party status to three neighbouring property owners on consent.

The parties were directed to prepare a draft Procedural Order and Issues List, and a second Case Management Conference was scheduled for February 2022.

At a Case Management Conference regarding appeals of an Official Plan Amendment and a Heritage Conservation District designation, the Tribunal considered requests for party status and appellant substitution.

The Tribunal granted appellant status to the current owner of 619 Yonge Street, substituting them for the previous owner.

The Tribunal also granted party status to the owners of two abutting properties, allowing them to shelter under the 619 Yonge Street appeal, as the properties comprise a single site proposed for redevelopment.

This was a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 183 and the designation of the Historic Yonge Street Heritage Conservation District.

The Tribunal ordered that the appeals be heard together, granted party status to two community associations, and established a procedural timeline for the exchange of draft changes and issues lists.