Amber Stewart

The appellant appealed a Committee of Adjustment decision denying consent to sever a residential lot and associated minor variances to construct two new two-storey detached duplexes.

The Toronto Local Appeal Body allowed the appeal, relying on uncontroverted expert planning evidence that the proposed severance and variances met the statutory criteria.

The Tribunal found that the proposal conformed to the Official Plan's gentle intensification policies, maintained the general intent of the Zoning By-law, was desirable for the appropriate development of the land, and was minor in nature.

The City of Toronto brought a motion to geographically scope the appellant's appeals of Official Plan Amendment No. 727 and Zoning By-law No. 608-2024 to only the appellant's property, and to scope the appeals to only the specific policies and provisions at issue.

The Tribunal dismissed the request for geographic scoping, finding that the appellant's concerns were city-wide and not limited to a specific site.

The Tribunal granted the request to scope the appeals to the specific policies and provisions at issue, deeming the unappealed portions of the instruments to have come into effect.

The appellant brought a motion seeking to abridge the time for service of the notice of motion, permit the late filing of several documents including an Applicant's Disclosure and an Arborist Report, issue a summons for a City of Toronto planner, and schedule additional hearing dates.

The Toronto Local Appeal Body found that extenuating circumstances, including late-arriving comments from City staff, justified the late filings.

The Tribunal also abridged the service time due to the urgency of the matter, authorized the issuance of the summons, and directed the scheduling of two additional hearing days.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant from the municipality's failure to make decisions on Official Plan and Zoning By-law amendment applications.

The Tribunal consolidated the appeals with related files, granted party status to a ratepayers association while denying redundant individual requests, and scheduled a seven-day merit hearing.

The applicant appealed the City of Vaughan's failure to adopt an official plan amendment and zoning by-law amendment to permit a multi-storey residential development on lands located within the Humber River Valley.

In this Phase 1 hearing, the sole issue was whether the subject lands are developable given their natural heritage and hazard constraints, including significant woodlands, significant valleylands, significant wildlife habitat, and flood hazards.

The Tribunal found that while the lands contain these significant features, they are developable in principle, as the Provincial Policy Statement permits development if it can be demonstrated that there will be no negative impacts on the natural features or their ecological functions.

The appeals were ordered to advance to a Phase 2 hearing to evaluate the specific proposed development.

The appellant appealed the City of Mississauga Committee of Adjustment's denial of minor variances required to construct a two-storey single detached dwelling.

At the hearing, the parties presented a settlement involving an amended application with reduced variances for eaves height, ridge height, front yard setback, and dwelling depth.

Based on uncontested expert planning evidence, the Tribunal found the amended application met the four tests under s. 45(1) of the Planning Act, was consistent with provincial policies, and represented good planning.

The appeal was allowed and the amended variances were authorized subject to conditions.

The appellants brought a motion seeking approval of a settlement agreement with the Township of King regarding an appeal of a comprehensive zoning by-law.

The settlement proposed site-specific modifications to permit additional uses on the Charing Cross Property and a deferral of the appeal concerning the Ontario Inc. Property pending a corridor land use study.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications represented good land use planning and the deferral was appropriate.

The motion was granted, the zoning by-law was amended accordingly, and the remaining portion of the appeal was deferred sine die.

The Ontario Land Tribunal held a fourth Case Management Conference regarding multiple appeals of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The Tribunal granted requests to adjourn several site-specific appeals sine die pending the completion of a land use study and ongoing settlement discussions.

The Tribunal also noted the withdrawal of certain appeals and ordered that the un-appealed portions of the zoning by-law pertaining to the Highway 11 Corridor be deemed to have come into force on the day the by-law was passed.

The appellant appealed the Committee of Adjustment's refusal of an application for consent to sever a property into two undersized lots and associated variances to permit the construction of a new three-storey semi-detached dwelling.

The Toronto Local Appeal Body allowed the appeal, finding that the proposal met the criteria for consent under the Planning Act and that the variances met the four tests.

The Tribunal accepted expert planning evidence that the development respected and reinforced the existing physical character of the neighbourhood and complied with the City's new multiplex policies.

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

Several appellants withdrew their appeals or party status requests.

The Tribunal scheduled future motions to consider settlement agreements for several appellants.

The Tribunal also heard and approved a settlement agreement between Appellant 13 (Northern Wide Plank Flooring Inc.) and the Township, modifying the zoning by-law to add an exception provision for the subject property, finding it consistent with provincial policies and good land use planning.

The appellant appealed the Committee of Adjustment's refusal of applications for consent to sever and associated minor variances to permit the construction of two new single-family dwellings.

The Toronto Local Appeal Body reviewed expert planning and arboricultural evidence, noting the proposal's compatibility with the evolving neighbourhood character and the adjustments made to preserve existing trees.

The Tribunal found that the consent application satisfied the criteria under section 51(24) of the Planning Act and that the variances met the four tests under section 45(1).

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

The applicant appealed a Committee of Adjustment decision refusing variances to construct a new residential dwelling with an integral garage.

Prior to the hearing, the parties reached a settlement that included revised plans with reduced variances for building height and lot coverage.

The Toronto Local Appeal Body accepted the uncontested expert planning evidence that the revised proposal met the four tests under section 45(1) of the Planning Act.

The appeal was allowed in part, and the revised variances were authorized subject to conditions.

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.

The applicant appealed a Committee of Adjustment decision refusing minor variances for lot area and frontage to permit the construction of two detached dwellings.

After multiple adjournments and a failure to file document disclosure and witness statements until the night before the scheduled hearing, the applicant brought a motion to admit the late-filed materials.

The City of Toronto brought a cross-motion to dismiss the appeal.

The Toronto Local Appeal Body refused to admit the late materials, finding that the delay was prejudicial to the other parties and not in good faith.

The tribunal granted the City's motion and dismissed the appeal without a hearing on the merits, concluding that the applicant's conduct constituted an abuse of process.

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 applicants sought minor variances to construct a new, larger dwelling, which were granted by the Committee of Adjustment.

The neighbouring property owner appealed the decision to the Toronto Local Appeal Body.

Prior to the hearing's conclusion, the parties reached a settlement that involved shifting the proposed building's placement to increase the side yard setback.

The Tribunal found the amended variances met the tests under section 45(1) of the Planning Act and authorized them subject to conditions.

The applicant appealed the Town of Aurora's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 27-unit townhouse development.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the proposed development is consistent with provincial policies, conforms to applicable official plans, and protects natural heritage features.

The Tribunal allowed the appeal in part, approving the Official Plan and Zoning By-law Amendments in principle, while withholding the final order pending an agreement on the Site Plan Approval.

The applicant appealed the City of Toronto's requirement for cash-in-lieu of parkland dedication fees for two new semi-detached laneway suites, arguing the appraised value was higher than market valuation.

At the first Case Management Conference, the parties advised they were engaged in settlement discussions but requested a hearing date out of an abundance of caution.

The Tribunal scheduled a two-day video hearing for July 2023 and directed the submission of a draft Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Collingwood's Zoning By-law No. 2022-007, which restricts development unless adequate municipal water and wastewater services are available.

The Tribunal granted party status to four entities and participant status to one entity.

A nine-day video hearing was scheduled, and the Tribunal approved the finalized Procedural Order and Issues List submitted by the parties.

The applicant appealed the City of Vaughan's failure to adopt a requested official plan amendment and zoning by-law amendment to permit a multi-storey residential building.

At a case management conference, the Tribunal consolidated a site-specific appeal against the City's Comprehensive Zoning By-law with the current proceedings.

The Tribunal also approved a draft procedural order, issues list, and scheduled a 15-day Phase 1 hearing.