Andrew Biggart

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The applicant appealed the Town of Whitby's refusal of a zoning by-law amendment and site plan application.

Following a previous settlement in principle, the applicant sought to revise the site plan to increase density and reduce parking, relying on recent Town Official Plan revisions that were not yet approved by the Region.

The Town opposed issuing a final order on the revised site plan.

The Tribunal agreed with the Town, withheld its final order, and scheduled a two-day hearing to address the revised site plan issues.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

This decision arises from a Case Management Conference regarding an appeal by the ABC Residents Association against the City of Toronto's approval of Official Plan and Zoning By-law amendments for a 12-storey mixed-use building.

The Tribunal granted participant status to one individual on consent, approved the draft Procedural Order and Issues List, and scheduled a five-day video hearing on the merits for July 2024.

This was the fifth Case Management Conference regarding appeals of the Town of Whitchurch-Stouffville's Official Plan Amendment No. 136, which the Region of York failed to approve.

The Tribunal heard updates on settlement discussions and potential motions to hear site-specific appeals together with the OPA appeals.

The Tribunal scheduled an 18-day merit hearing for August 2024 and directed the parties to file a draft Procedural Order and Issues List.

The appellant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use tall building development.

The parties reached a settlement for a revised 80-storey tower with a 17-storey podium.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and representative of good planning.

The appeals were allowed in part on an interim basis, with the final order withheld pending the satisfaction of conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 100 Davenport Limited Partnership against the City of Toronto's failure to make a decision on zoning by-law amendment and site plan applications for a 19-storey mixed-use building.

The parties agreed to reduce the required hearing time from 10 days to 7 days.

The Tribunal approved the revised Procedural Order and scheduled a 7-day video hearing to commence on October 26, 2023.

The applicant appealed to the Ontario Land Tribunal under section 22(7) of the Planning Act due to the municipality's failure to make a decision on an official plan amendment application within the statutory timeframe.

The proposed amendment sought to facilitate a residential development of approximately 1,282 units.

At the first case management conference, the Tribunal granted party and participant status to several requesting entities on consent.

The Tribunal also directed the parties to file a draft procedural order and scheduled a second case management conference.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the city's denial of Official Plan and Zoning By-law Amendments for a 29-storey mixed-use building.

The Tribunal granted party and participant status to several entities, agreed to separate the Site Plan Application appeal onto an administrative track, and scheduled a 13-day hearing for December 2024.

At a second Case Management Conference regarding appeals for a proposed mixed-use development in the Town of Orangeville, the Tribunal considered a request for Party Status from OPTrust Amaranth 1 Inc. and OPTrust Amaranth 2 Inc. The Tribunal denied the request, finding that granting Party Status would adversely impact the fair, just, and expeditious determination of the issues and was not necessary to adjudicate effectively and completely.

The Tribunal also approved the draft Procedural Order and Issues List submitted by the parties and scheduled a 15-day hearing of the merits.

This was the first Case Management Conference regarding appeals by the applicant for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications due to the City of Toronto's failure to make a decision within statutory timeframes.

The Tribunal granted party status to Quayside Block 1 Inc., Quayside Impact Limited Partnership, and Toronto Waterfront Revitalization Corp. Participant status was granted to two neighbourhood associations.

The Tribunal ordered the Site Plan application to be held in abeyance and scheduled a second Case Management Conference.

The appellant appealed the Town of Whitby's adoption of Official Plan Amendment No. 123, seeking an exception to permit a reduced right-of-way width of 42 metres along Dundas Street East due to technical constraints.

The parties reached a settlement and jointly requested approval of a modified amendment including the requested special provision.

Relying on uncontested expert land use planning evidence, the Tribunal found the modified amendment had appropriate regard for matters of provincial interest, was consistent with the Provincial Policy Statement, conformed to the Growth Plan and the Region of Durham Official Plan, and represented good planning.

The appeal was allowed and the amendment was approved as modified.

The applicant appealed to the Ontario Land Tribunal under s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the City's failure to make a decision on zoning by-law amendment and site plan applications.

At the first Case Management Conference, the Tribunal granted party status to three neighbourhood groups without opposition.

The Tribunal scheduled a second Case Management Conference and a three-day merit hearing, noting that the applicant and the City had reached a settlement and discussions with the other parties were ongoing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the municipality for failing to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval.

The applications seek to permit a mixed-use development with 54 townhouse units and a commercial building.

An adjacent landowner requested party status based on land use compatibility concerns, which the applicant opposed.

The Tribunal deferred the party status request and scheduled a second Case Management Conference to finalize the Procedural Order and Issues List.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1306497 Ontario Inc. concerning the City of Vaughan's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment.

The amendments seek to permit a transit-oriented development including residential towers, amenity, retail, and office space at 88 Steeles Avenue West.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence.

At a Case Management Conference for an appeal of a City of Mississauga Development Charges By-law, the parties disputed the wording of the Issues List.

The Tribunal directed that the terms 'fair and reasonable' be retained but placed after references to the Development Charges Act.

The Tribunal also directed that references to the Provincial Policy Statement and Growth Plan be removed from an issue regarding official plan conformity, while retaining the questions on conformity with the local and regional official plans.

A 14-day hearing was scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1306497 Ontario Inc. for a proposed transit-oriented development in the City of Vaughan.

The Tribunal granted party status to eleven requesters and participant status to one ratepayers association without objection.

The Tribunal directed the applicant to finalize the Procedural Order and Issues List for submission by July 11, 2023, and scheduled a five-day hearing on the merits for April 2024.

The applicant appealed the Town of Georgina's failure to make a decision on a Zoning By-law Amendment application to permit a 16-unit townhouse development.

Prior to the hearing, the parties reached a settlement.

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

The Tribunal allowed the appeal in part and approved the amendment in principle, withholding its final order pending the finalization of the site plan and the amending by-law.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant from the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The application seeks to increase the height of an under-construction mixed-use building by 9 storeys.

The Tribunal granted party status on consent to several adjacent property owners and local residents' associations.

A second Case Management Conference was scheduled to finalize the procedural order and issues list.

The appellants appealed the Town of Oakville's adoption of a Community Benefits Charge By-law under s. 37(17) of the Planning Act.

At the first Case Management Conference, the Tribunal was advised that a settlement had been reached among most parties, but one appellant raised an issue regarding the Tribunal's jurisdiction to vary the prescribed 4% charge.

The Tribunal directed that appellant to bring a motion on the jurisdictional issue and scheduled a second Case Management Conference.

The appellant subsequently withdrew its appeal, and the Tribunal converted the scheduled hearing to consider the settlement among the remaining parties.