Andrew Biggart

The applicant appealed the City of Toronto's refusal of an official plan amendment and zoning by-law amendment to permit a 29-storey mixed-use building.

At the second case management conference, the parties requested to convert the scheduled merit hearing into a case management conference because revised plans submitted by the applicant did not result in a settlement.

The Tribunal adjourned the merit hearing, directed the filing of a new procedural order and issues list, and scheduled a new nine-day merit hearing for July 2025.

The appellant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications for a 94-storey mixed-use building.

The parties reached a settlement for a revised 99-storey proposal.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan.

The Tribunal allowed the appeals in part on an interim basis, withholding its final order pending the satisfaction of several conditions, including finalization of the amending instruments and engineering reports.

The appellant appealed the City of Hamilton's Development Charges By-law 24-072.

At the first Case Management Conference, a third party requested party status, which the respondent opposed on the basis that the third party had not appealed within the statutory period.

Due to the absence of the third party's counsel and the respondent's counsel not being fully briefed on the objection, the Tribunal deferred the determination of party status to a second Case Management Conference and directed the parties to file a draft Procedural Order and Issues List.

The appellant appealed the municipality's refusal to adopt a requested zoning by-law amendment to permit the conversion of a single detached dwelling into an accessory structure.

At the first Case Management Conference, the Tribunal deferred decisions on several party and participant status requests on consent to allow the parties time to construct an issues list.

A second Case Management Conference was scheduled for November 21, 2024.

The applicants appealed the Town's failure to make decisions regarding an official plan amendment, zoning by-law amendment, and plan of subdivision for a proposed 141-unit residential subdivision.

At a scheduled merit hearing, the parties advised the Tribunal that they were engaged in settlement discussions and requested more time.

The Tribunal converted the event to a status hearing and scheduled a further status hearing to allow the parties to finalize their settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the Building Industry and Land Development Association (BILD), Distrikt Developments, and Silwell Developments Limited against the Town of Oakville's new Parkland Dedication By-law.

The Town and BILD agreed to schedule a motion hearing to address a threshold jurisdictional issue regarding BILD's requested relief for expanded parkland credits.

The Tribunal scheduled the motion hearing for November 28, 2024, and set a timetable for the exchange of motion materials.

The appellant appealed the City of Markham's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a high-rise residential building.

Following mediation, the parties reached a settlement for a 44-storey building with 553 units.

Based on uncontested expert planning evidence, the Tribunal found the revised applications consistent with provincial policy, in conformity with applicable plans, and representative of good planning.

The appeals were allowed in part to implement the settlement, with final approval of the instruments withheld pending finalization.

The Tribunal convened a Case Management Conference regarding appeals against the Town of Whitby's adoption of Official Plan Amendment 130, which introduces policies to manage infill development and intensification.

The parties are engaged in settlement discussions and requested additional time to finalize a response to a settlement offer.

The Tribunal directed the parties to provide a written status update by September 25, 2024, to either request a settlement hearing, a merits hearing, or to withdraw the appeals.

At a Case Management Conference, the Ontario Land Tribunal considered requests to consolidate site-specific zoning and subdivision appeals with ongoing Official Plan Amendment appeals concerning lands in the Town of Oakville.

The Tribunal granted the consolidation request on consent of the parties.

The Tribunal also directed the parties to proceed to Tribunal-assisted mediation and scheduled a further Case Management Conference for December 2024, along with a four-week merit hearing in June and July 2025.

The appellant appealed the Town of Whitchurch-Stouffville's Development Charges By-laws for Highway and Wastewater Services under section 14 of the Development Charges Act.

At the first Case Management Conference, the Tribunal noted the parties were in private discussions and exchanging materials.

The Tribunal scheduled a second Case Management Conference and directed the parties to file a draft Procedural Order and Issues List prior to the next hearing.

The appellant appealed the City's approval of an Official Plan Amendment and Zoning By-law Amendment to permit a 12-storey mixed-use building.

At the settlement hearing, the appellant did not appear but provided written support for the settlement.

The Tribunal accepted the uncontroverted expert planning evidence that the revised instruments were consistent with provincial policy, conformed to the Growth Plan and Official Plan, and represented good planning.

The appeals were dismissed and the amendments approved.

The Applicant appealed the Town's failure to make a decision on its Official Plan and Zoning By-law amendment applications to permit a two-storey place of worship.

At the first Case Management Conference, the Tribunal denied a neighbour's request for Party status to challenge jurisdiction, granting him Participant status instead alongside several others.

The Tribunal scheduled a seven-day Merit Hearing for May 2025 and approved the parties' draft Procedural Order and Issues List.

The applicant appealed the Town of Ajax's failure to make decisions on three site plan applications for a proposed development.

At a case management conference, the Ontario Land Tribunal ordered that the site plan appeals be heard together with the scheduled appeals of the related Official Plan and Zoning By-law amendment applications.

A further case management conference was scheduled to finalize the issues list and procedural order.

At a second Case Management Conference, the Tribunal administratively consolidated appeals concerning site-specific exemptions to the Town of Whitby's Official Plan Amendment No. 126.

On consent of the parties, the Tribunal scheduled a nine-day hearing for the consolidated appeals and issued an order bringing the unappealed portions of OPA 126 into full force and effect pursuant to section 17(39) of the Planning Act.

This was the first Case Management Conference concerning an appeal by Format Lakeshore Inc. against the Town of Oakville's failure to adopt requested Official Plan and Zoning By-law amendments for an 11-storey mixed-use building.

The Tribunal granted party status to the Regional Municipality of Halton and Frastell Associates Inc., and participant status to Lorna Sinclair and Arbour Memorial Inc. The Tribunal also approved a Procedural Order and scheduled a seven-day video hearing to commence on February 18, 2025.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated June 7, 2024.

The amendment corrected the overall height of the proposed 91-storey mixed-use building from 338.3 m to 328.4 m.

In all other respects, the original decision remains unchanged.

The appellant appealed the Township's failure to approve a site plan application for a six-storey retirement home within the legislated timeframe.

The primary issue was the Township's insistence on including a condition requiring the appellant to enter into a cost-sharing agreement with a neighbouring landowner for future permanent services.

The Tribunal found that cost-sharing is not an authorized condition under s. 41(7) of the Planning Act.

The Tribunal allowed the appeal and approved the site plan without the disputed cost-sharing condition, noting the development could be serviced independently.

The applicant appealed the Town of Orangeville's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan to permit a mixed-use development consisting of townhouse blocks and a commercial building.

The parties reached a settlement and presented revised plans.

Based on the uncontested land use planning evidence, the Tribunal found the proposed instruments consistent with provincial policies, in conformity with applicable plans, and representative of good planning.

The Tribunal allowed the appeals in part and approved the instruments in principle, withholding its final order until the final forms are submitted.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Town of Whitby's adoption of Official Plan Amendment 130, which introduces policies for residential infill and intensification.

One set of appellants withdrew their appeal.

The remaining parties reported productive discussions and optimism about reaching a settlement.

The Tribunal scheduled a third Case Management Conference to allow the parties time to finalize a settlement or request a hearing date.

At a Case Management Conference regarding multiple appeals of Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision in the Town of Oakville, the Tribunal granted party and participant status to several entities on consent.

The Tribunal declined a request by the appellants to consolidate the site-specific appeals and set hearing dates, finding it premature given potential upcoming legislative changes to the Planning Act.

A further Case Management Conference was scheduled.