Alex Lusty

This was the second Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

The Tribunal held certain party status requests in abeyance, approved the scoping of several appeals, and established a Procedural Order and Issues List for two phased hearings.

The Tribunal also scheduled a motion for the Township to seek approval of the un-appealed portions of the by-law and inverted a previous consolidation of a site-specific appeal.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.

The appellant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

During a status update hearing, the parties sought direction on the wording of a draft Procedural Order, specifically whether the word 'substantially' should be included in paragraph 24.

The Tribunal found that the inclusion of the word would not have a significant impact, as amended documents are governed by Rule 7.8 of the Tribunal's Rules of Practice and Procedure.

The Tribunal directed the parties to submit a final draft Procedural Order and scheduled a 14-day hearing on the merits.

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Rosegold Developments Inc. against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for an 11-storey residential building.

The Tribunal directed the parties to revise their draft Procedural Order and Issues List and scheduled an eight-day video hearing to commence on December 6, 2023.

The Tribunal held a settlement hearing regarding appeals to the Phase 1A-Agriculture portion of the new Official Plan adopted by the City of Burlington and modified by the Regional Municipality of Halton.

Based on the uncontested expert planning evidence, the Tribunal found that the proposed modifications to the Official Plan policies concerning agricultural uses and the Natural Heritage System were consistent with the Provincial Policy Statement and conformed to the Growth Plan and the Region's Official Plan.

The Tribunal allowed the appeals in part and approved the modifications to the Official Plan.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant for a Zoning By-law Amendment to permit a 40-storey mixed-use building.

The City of Toronto had failed to make a decision within the statutory timeframe.

Due to the municipal election, the City required more time to obtain instructions.

The Tribunal scheduled a second Case Management Conference and directed the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal considered six settlements of site-specific appeals to the City of Toronto's Official Plan Amendment 231 (OPA 231), which deals with economic health and Employment Areas.

The Tribunal heard uncontested expert planning evidence supporting the settlements for properties in Southwest Etobicoke.

The Tribunal found that the proposed modifications to OPA 231 represented good planning, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The Tribunal approved the settlements and modified OPA 231 accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant from the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit an 11-storey residential building.

The Tribunal ordered the consolidation of the two appeals and scheduled a second Case Management Conference for April 11, 2023, directing the applicant to file a draft Procedural Order beforehand.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit two new residential apartment buildings.

The parties reached a settlement for a revised proposal consisting of an 8-storey and a 17-storey building.

Based on uncontested expert planning evidence, the Tribunal found the proposal consistent with provincial policies and the official plan.

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of conditions including finalization of the zoning by-law amendments and servicing reports.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by 2593033 Ontario Limited against the Township of King's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan Approval.

The applications seek to permit the redevelopment of a property as a landscape material and garden centre.

Two area residents were granted participant status on consent.

The parties indicated openness to mediation and noted a related site-specific appeal of the Township's comprehensive Zoning By-law.

A second Case Management Conference was scheduled for March 28, 2023.

The parties attended a status hearing before the Ontario Land Tribunal after failing to finalize a settlement regarding an appeal of a municipal development charges by-law.

The Tribunal scheduled a five-day video hearing for July 2023 and a preceding telephone status hearing for May 2023 to review the draft hearing plan.

The applicant appealed the City of Vaughan's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a mixed-use building at 4101 Rutherford Road.

The proposal sought to increase the maximum permitted building height from 4 storeys to 6 storeys and the floor space index from 1.5 to 2.75.

The City opposed the applications, arguing the development was incompatible with the surrounding low-rise residential neighbourhood.

The Tribunal found that the unique locational characteristics of the site and the proposal's design allowed for better planning outcomes while respecting the neighbourhood's character.

The Tribunal allowed the appeals in part, approving the Official Plan and Zoning By-law amendments in principle, and adjourned the Site Plan appeal.

A Case Management Conference was held regarding an appeal by Dean Park Holdings Limited from the City of Toronto's failure to make a decision on a zoning by-law amendment application for 1 Dean Park Road.

The Applicant and the City reached a settlement, and the only remaining party, MTCC 624, subsequently withdrew from the proceedings.

The Tribunal scheduled a one-day settlement hearing for November 28, 2022.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

The applicant appealed the City of Hamilton Committee of Adjustment's denial of applications for consent to sever and minor variances to permit the construction of two new detached residential dwellings.

The City did not attend the hearing.

Based on the uncontroverted expert planning evidence, the Tribunal found that the consent had regard for provincial interests and the criteria in s. 51(24) of the Planning Act, and that the variances met the four tests under s. 45(1).

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

This was a Case Management Conference regarding appeals of the City of Burlington's new Official Plan, Official Plan Amendment 119, and Zoning By-law Amendment No. 2020-418.

The Tribunal approved a Master Procedural Order setting out a phased hearing plan and approved the Procedural Order for the Phase 1A hearing on agriculture issues, scheduling it for April 2023.

This was the third Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 445.

The Tribunal granted party status to Queen Street Post Inc., noting they would shelter under the issues of other parties.

A 15-day hearing was scheduled for October and November 2023, and a Procedural Order was approved in principle.

The Ontario Land Tribunal held a Case Management Conference for an appeal brought by the appellant against the respondent municipality regarding a development charge by-law.

The parties presented a draft Procedural Order and Issues List.

The Tribunal scheduled a Telephone Conference Call status hearing for September 16, 2022, and a nine-day video hearing on the merits commencing November 7, 2022.

The Tribunal issued the Procedural Order to govern the pre-hearing requirements and the hearing of the appeal.