Albert Samson Frank

Counsel for the moving parties on a motion for leave to appeal brought a motion under r. 15.04 to be removed as the lawyer of record due to a serious loss of confidence and breakdown of the solicitor-client relationship.

The client opposed the motion.

The court granted the motion, holding that ethical concerns, including a complete breakdown of the solicitor-client relationship, oblige the court to permit removal.

The court rejected the client's argument of prejudice, noting the advanced stage of the written proceedings and the client's history of securing other representation.

Several developers and industry associations appealed the City of Mississauga's Parkland Conveyance By-law under section 42(4.9) of the Planning Act.

Following the enactment of Bill 23, which amended parkland dedication and cash-in-lieu requirements, the parties reached a settlement to revise the by-law to conform to the new legislative provisions.

Relying on uncontradicted expert planning evidence, the Tribunal found the revised by-law consistent with provincial policy, in conformity with the official plan, and representative of good planning.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on planning applications for three mixed-use residential towers.

The Tribunal granted party status to an abutting landowner and participant status to a neighbouring property owner.

A nine-day hearing was scheduled for March 2026, and the parties were directed to submit a draft Procedural Order and Issues List.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent's failure to make decisions on Zoning By-law Amendment and Site Plan Approval applications for a proposed 65-storey mixed-use building.

The Tribunal finalized the Procedural Order, approved the issues list, and scheduled a 9-day video hearing for February 2026.

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.

This was the first Case Management Conference regarding multiple appeals of the Region of Peel's approval of Official Plan Amendments 142, 143, and 144 to the City of Mississauga's Official Plan, which relate to Major Transit Station Areas.

The Tribunal granted Observing Party status to the Region of Peel, Non-Appellant Party status to Hensall Holdings and the Toronto and Region Conservation Authority, and Participant status to Trillium Health Partners.

A motion by the City to confirm the scope of the appeals and bring unappealed portions of the OPAs into effect was adjourned to allow the parties time to review a revised draft order and compendium.

This decision addresses a claim for partial indemnity costs by intervenors Terence Tse and Best Motoring Fine Cars Ltd. ("Mr. Tse") against Rosemont Management Inc. and McCaul Leasehold Management Limited ("Rosemont").

Mr. Tse sought costs for successfully intervening in the main application and for resisting Rosemont's motion to enforce a settlement.

The court found Rosemont's argument that the costs award was premature to be without merit.

Despite Mr. Tse's initial claim of over $108,000, the court assessed a reasonable award of $50,000 on a partial indemnity basis, payable forthwith by Rosemont to Mr. Tse.

The court clarified its jurisdiction to award costs for both motions, including the intervenor motion whose costs had been deferred by a previous judge.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by Blue Birch Properties Inc. against the Town of the Blue Mountains for failing to make a decision on a Zoning By-law Amendment application.

The applicant sought to rezone the subject lands to redefine wetland and hazard zones and establish two development envelopes.

At the request of the parties, who required more time to resolve issues following a revised development proposal, the Tribunal scheduled a third Case Management Conference for September 6, 2024, to facilitate a potential settlement.

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.

Rosemont brought an application against Cityzien and Mr. Faraci regarding an abortive real estate transaction and property management dispute.

Rosemont and Cityzien reached a partial settlement, which was negotiated by a Cityzien director without the required unanimous shareholder approval.

Rosemont moved to enforce the settlement, while Mr. Faraci moved to permanently stay the application against him, arguing that the failure to promptly disclose the settlement—which changed the litigation landscape by aligning Rosemont and Cityzien against him—constituted an abuse of process.

The court refused to enforce the settlement, finding it unauthorized and improvident, and granted the stay against Mr. Faraci, holding that the delayed disclosure of the settlement was an abuse of process.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Blue Birch Properties Inc. against the Town of the Blue Mountains for failing to approve a Zoning By-law Amendment application.

The Tribunal addressed requests for party and participant status, granting party status to the Grey Sauble Conservation Authority and the Niagara Escarpment Commission on consent.

One individual's request for party status was denied due to a lack of expert witnesses, but participant status was granted instead.

A second Case Management Conference was scheduled to allow the appellant to present a revised application to the Town Council.

The plaintiffs, GS International Holdings Ltd. and Yin Wu, brought a $5 million action for contractual debt, business defamation, and intentional interference with economic relations against Smart Vision Direct Inc., Galaxy Security Corporation, and Li Fang Chen.

The defendants counterclaimed for $30 million, alleging breach of fiduciary duties and contractual breaches by the plaintiffs and other parties.

The court found Annie Chen (Li Fang Chen) liable for contractual debt ($122,000 to GS International, $30,000 to Gabriel Wu/Yin Wu) and for intentional interference with economic relations ($40,000 to GS International) and defamation ($2,000 to Gabriel Wu).

The court dismissed the counterclaim, finding no breach of fiduciary duty or restrictive covenant by the defendants to counterclaim, largely due to the vague and contradictory nature of the post-separation business agreement and insufficient evidence of damages.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Mississauga's Parkland Conveyance By-Law No. 0137-2022.

The parties consented to scheduling a ten-day merit hearing in March 2025 and a further CMC in October 2024.

The Tribunal issued a Procedural Order to govern the future conduct of the proceeding, declining to preemptively amend the issues list to account for potential Divisional Court rulings or unproclaimed legislative amendments.

The applicant 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 19-storey mixed-use building.

The City and the applicant reached a settlement, which was opposed by a group of residents and a neighbouring seniors residence, Belmont House, primarily due to concerns over shadow impacts.

The Tribunal found that the proposed development adequately limits shadow impacts on Belmont House in accordance with applicable policies and guidelines, and that the settlement represents good planning.

The appeal was allowed in part, and the Zoning By-law Amendment was approved in principle.

The Tribunal held a settlement hearing regarding multiple appeals of the City of Toronto's by-law designating the King-Spadina Heritage Conservation District and adopting its associated Plan.

Based on the uncontested expert evidence of a heritage planner and a land use planner, the Tribunal found that the modified Plan satisfies the requirements of the Ontario Heritage Act and the Planning Act, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and the City's Official Plan.

The Tribunal approved the designation of the HCD and the modified Plan, allowing the appeals in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

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 permit a high-density residential development.

The parties reached a settlement proposing three buildings of 18, 25, and 16 storeys.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable Official Plans.

The Tribunal allowed the appeals in part on an interim basis, approving the development in principle and withholding its final order pending submission of the final instruments.

The City of Mississauga brought a motion to strike an issue raised by an appellant regarding the City's Parkland Conveyance By-law.

The appellant sought to amend the By-law to clarify that non-fee simple land, such as privately owned public spaces or encumbered parkland, would be accepted as parkland conveyance in certain circumstances.

The Tribunal found that it lacked jurisdiction to grant the requested relief, as doing so would effectively add an exemption to the By-law, which is prohibited under s. 42(4.16) of the Planning Act.

The Tribunal noted that while the Legislature has contemplated provisions for non-traditional conveyances, these are not yet in force.

The motion was granted and the issue was removed from the Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by The Canada Life Assurance Company and GWL Realty Advisors Inc. against the City of Toronto for failing to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for a mixed-use development at 200 University Avenue.

The Tribunal granted party status to St. Michael's Hospital to address concerns regarding emergency air ambulance helicopter operations.

A ten-day video hearing was scheduled to commence on July 8, 2024, and a revised draft Procedural Order and Issues List was approved to guide the proceedings.