Andrew Baker

The Ontario Land Tribunal held a second Case Management Conference regarding land compensation claims under the Expropriations Act.

The parties agreed to a procedural timetable and requested a change to the start date of the five-day merits hearing due to a religious holiday.

The Tribunal granted the request, established the timetable, and scheduled a third Case Management Conference.

The Tribunal held a first Case Management Conference regarding appeals by Jacob's Tent Inc. against the City of Toronto for failing to make a decision on a Zoning By-law Amendment and Site Plan Approval within statutory timeframes.

The appeals relate to a proposed mixed-use development on Danforth Avenue.

The Tribunal granted party status to several entities on consent, granted participant status to a daycare centre, approved a Procedural Order, and scheduled a 10-day hearing on the merits for February 2025.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The Ontario Land Tribunal issued an amended procedural order on consent of the parties to govern the procedures leading up to and including a 15-day hearing scheduled to commence on March 4, 2024, regarding appeals by The Elia Corporation concerning official plan and zoning by-law amendments and a proposed plan of subdivision in the City of Mississauga.

The applicant appealed the City of Markham's failure to make a decision on official plan and zoning by-law amendment applications to permit a mixed-use redevelopment of a commercial site.

Prior to the merit hearing, the parties reached a settlement for a revised proposal comprising four new buildings, a retained heritage building, and a public park.

The Tribunal accepted uncontested expert planning evidence that the settlement proposal is consistent with provincial policy, conforms to regional and local official plans, and represents appropriate intensification.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of conditions related to sanitary servicing and finalization of the instruments.

The applicant appealed the Town of Caledon's failure to adopt a requested Official Plan Amendment to establish a new Secondary Plan for the Macville Community Area.

At the first Case Management Conference, the Tribunal granted party status to Peel Region, Peel District School Board, Toronto and Region Conservation Authority, Acorn Bolton Inc., and Gold Humber Station Inc., and participant status to the Bolton North Hill Landowners Group Inc. The Tribunal also set deadlines for the exchange of issues lists and scheduled a second Case Management Conference for February 2024.

The Ontario Land Tribunal issued a procedural order following a motion hearing regarding appeals by Timbercreek Four Quadrant GP2 Inc. against the City of Markham's failure to make decisions on requested official plan and zoning by-law amendments.

The appeals relate to a proposed redevelopment featuring a public park and five mixed-use buildings.

The order establishes the procedural requirements, dates, and issues list for a seven-day hearing scheduled to commence on October 10, 2023.

The Ontario Land Tribunal held a Case Management Conference to finalize a Procedural Order and set a hearing date for appeals concerning proposed Official Plan and Zoning By-law Amendments.

The amendments would permit a 662-unit subdivision on lands currently occupied by a golf course.

The parties reached a consensus on the material terms of the draft Procedural Order.

The Tribunal scheduled a 14-day video hearing to commence on July 2, 2024, and issued the agreed-upon Procedural Order to govern the proceedings.

The parties attended a Case Management Conference to schedule a hearing to determine the adjustment of the claimants' disturbance damages and the quantum of costs payable by the respondent under the Expropriations Act.

The Tribunal scheduled a five-day video hearing for April 2024 and a second Case Management Conference for October 2023 to establish a timetable for the delivery of costs briefs and expert reports.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by Eastway International Inc. against the City of Toronto's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment.

The applications seek to permit a residential development with 496 units.

The order sets out the procedural dates, issues list, and order of evidence for a 14-day video hearing scheduled to commence on February 20, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicants from the City of Toronto's failure to make a decision on an Official Plan Amendment application for the Centrepoint Mall property.

The Tribunal granted party status to several neighbouring landowners and the Toronto Catholic District School Board, and participant status to a local resident.

A second Case Management Conference was scheduled for January 22, 2024, to address procedural matters and a potential consolidation with a related appeal.

The Tribunal held a second Case Management Conference regarding a claim for compensation under the Expropriations Act.

The claimants requested that a hearing date be set and a Procedural Order established.

The respondent requested a deadline for the receipt of outstanding documentation.

The Tribunal found deficiencies in the proposed Procedural Order and determined that setting a hearing date would be premature.

The Tribunal ordered the claimants to provide the outstanding documentation and directed the parties to provide a status update by a specified date.

The Claimants sought compensation for the expropriation of their property by the Toronto Catholic District School Board.

At the first Case Management Conference, the parties advised that settlements in related expropriation appeals had laid the groundwork for a potential settlement in this matter.

The Tribunal scheduled a second Case Management Conference to allow the parties time to continue settlement discussions or, alternatively, to finalize a Procedural Order and set a hearing date.

The Ontario Land Tribunal issued a procedural order following a Case Management Conference regarding appeals by Wedgewood Columbus Limited against the City of Vaughan's failure to adopt requested Official Plan and Zoning By-law amendments for the property at 7887 Weston Road.

The order sets out the organization of the 24-day hearing scheduled to begin on May 27, 2024, establishes the deadlines for the exchange of witness lists, expert reports, and visual evidence, and finalizes the Issues List to be adjudicated.

The applicant brought a motion to dismiss two appeals against the approval of an official plan amendment and zoning by-law amendment to permit a 662-unit subdivision on a former golf course.

The Tribunal dismissed the appeal by Hatem Abou El-Nile, finding that his concerns regarding mental health impacts from the loss of green space did not constitute recognized land use planning grounds.

However, the Tribunal denied the motion to dismiss the appeal by Friends to Keep Vaughan Green, finding that their appeal raised genuine, legitimate, and authentic land use planning issues worthy of adjudication, supported by expert evidence.

The applicant appealed the City of Markham's failure to make a decision on a Zoning By-law Amendment application to permit increased height and density for two residential towers.

At a settlement hearing, the Tribunal considered the revised proposal, which included changes to the Draft Plan of Subdivision and associated conditions.

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

The Tribunal approved the settlement, allowing the appeal in part to implement the revised Zoning By-law Amendment and Draft Plan of Subdivision.

The claimants were owners of 17 residential townhouses expropriated by the Toronto Catholic District School Board for the relocation of a secondary school.

The 15 arbitrations were scheduled to be heard together over 30 days.

Prior to the commencement of the hearing, the parties reached resolutions for all 15 claims.

The parties requested that the arbitrations be adjourned sine die to allow time to complete the settlements.

Two pending motions, one to strike a reply report and another for a site visit, were withdrawn on consent.

The Tribunal granted the adjournment and directed the parties to report on the completion of the settlements by June 30, 2023.

The parties reached resolutions in 15 arbitrations concerning the expropriation of 17 residential townhouses by the Toronto Catholic District School Board.

At the commencement of the scheduled hearing, the parties requested an adjournment sine die to complete the settlements.

The Tribunal granted the adjournment and marked the parties' respective motions as withdrawn on consent, directing the parties to report on the completion of the settlements by June 30, 2023.

This was the first Case Management Conference regarding appeals against an Official Plan Amendment and Zoning By-law Amendment to permit a 662-unit residential subdivision on the former Board of Trade Golf Course in Vaughan.

The Tribunal directed the parties to finalize a Draft Procedural Order and noted the applicant's intent to bring a motion to dismiss one of the appeals.

In a land compensation proceeding, the claimant brought a motion for directions regarding the interpretation of a prior Tribunal order for document production and discovery.

The Tribunal clarified that the claimant must produce full, unredacted copies of expert reports and supporting evidence that existed at the time of its statement of claim, but exempted communications protected by solicitor-client privilege.

The Tribunal also directed the claimant's representative to reattend for examination for discovery regarding the produced documents.