Andrew Biggart

The applicant appealed the Town of Georgina's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and draft plan of condominium to permit a townhouse development.

The parties reached a settlement for a revised proposal of 46 townhouse units.

Based on the uncontroverted expert planning evidence, the Tribunal found that the revised proposal had regard for matters of provincial interest, was consistent with the Provincial Policy Statement, and conformed to the applicable official plans.

The appeals were allowed in part to implement the settlement.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.

The appellant appealed the Town of Orangeville's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development on vacant lands designated for employment.

Following case management conferences, the parties reached a settlement and presented revised instruments that maintained the employment designation while adding site-specific permissions for stand-alone residential uses.

Relying on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable official plans.

The Tribunal allowed the appeals in part and approved the amendments.

The Tribunal convened a first Case Management Conference regarding an appeal by Sheridan Retail Inc. against the City of Mississauga's Development Charges By-law 0133-2022.

The appellant requested that this appeal be consolidated or heard together with a separate Community Benefits Charge appeal due to overlapping facts and issues.

The City opposed consolidation.

The Tribunal directed that a second CMC be scheduled and set filing dates for a potential motion to consolidate the appeals.

The Ontario Land Tribunal held a case management conference regarding an appeal of the City of Hamilton's Official Plan Amendment No. 17 UHOP by the appellant.

The parties resolved their differences regarding the order of witnesses and submitted a revised Procedural Order and Issues List.

The Tribunal issued the Procedural Order and scheduled a five-day video hearing on the merits.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit a nine-storey mid-rise building.

The Ontario Land Tribunal held a Case Management Conference to organize the hearing.

The Tribunal granted party status to the regional municipality and participant status to several individuals.

A seven-day video hearing was scheduled and a procedural order was issued to govern the proceedings.

This was a Case Management Conference regarding appeals of the City of Hamilton's Official Plan Amendment No. 17.

The Tribunal ordered the substitution of Losani Homes (Winona) Ltd. as the appellant in place of 783878 Ontario Ltd. following a change in property ownership.

The Tribunal also scheduled a five-day hearing for the Losani Homes appeal and provided directions for the finalization of a Procedural Order for the remaining appeal by Peter Djeneralovic.

The appellant appealed the Town's failure to render a decision on a zoning by-law amendment application to permit the construction of 18 townhomes.

At the first Case Management Conference, the Tribunal granted participant status to two individuals.

One individual initially requested party status but was granted participant status after confirming he would not call expert evidence.

The Tribunal also approved the Procedural Order and Issues List and scheduled a second Case Management Conference and an 8-day hearing.

The Ontario Land Tribunal held a Case Management Conference and issued a procedural order regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing on consent to allow parties to finalize settlements, scheduled a further Case Management Conference for the remaining Official Plan appeals, and approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing on consent to allow parties to finalize settlements and refine remaining issues.

The Tribunal also scheduled a further Case Management Conference for the remaining Vaughan Official Plan appeals and approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a Case Management Conference and hearing regarding multiple appeals of the City of Vaughan's Official Plan, Zoning By-law Amendments, and Plans of Subdivision.

The Tribunal granted an adjournment of the Phase 3 hearing for the Yonge-Steeles Corridor Secondary Plan appeals to allow parties to finalize settlements.

A further Case Management Conference was scheduled for the remaining 2010 Vaughan Official Plan appeals.

The Tribunal also approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals, scheduling a potential Phase 2 hearing depending on the outcome of Phase 1.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the Vaughan Official Plan, and various site-specific development applications.

The Tribunal scheduled further hearing dates, established procedural directions for the exchange of materials, and set out an altered hearing plan for specific appeals.

The Ontario Land Tribunal held a case management conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the Vaughan Official Plan, and various site-specific zoning and subdivision applications.

The Tribunal adjourned the Phase 3 hearing on consent to allow parties to finalize settlements and scheduled a further hearing for March 2023.

Additional dates were set for the remaining Vaughan Official Plan appeals and the Solmar Inc./Eastwood Holdings Corp. appeals, with directions provided for video hearing participation.

The Ontario Land Tribunal held a Case Management Conference and hearing regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing for the Yonge-Steeles Corridor Secondary Plan appeals to allow parties to finalize settlements.

The Tribunal also scheduled a further Case Management Conference for the remaining Vaughan Official Plan appeals and agreed to an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment and site plan application for a 19-storey mixed-use building.

The Tribunal granted party status to several residents' associations and a condominium corporation, and participant status to the Toronto Lands Corporation.

A 10-day hearing and a further 1-day CMC were scheduled, and the parties were directed to submit a draft Procedural Order.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The parties requested mediation, and a final Procedural Order was submitted and approved.

The Tribunal scheduled a 10-day video hearing to commence on April 24, 2023.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents an appropriate level of intensification for the site, which is located in an Urban Growth Centre.

The Tribunal allowed the appeals and approved the amendments in principle, subject to conditions including the provision of a 2.0-metre road widening dedication to the City to enhance the public realm.

The appellant appealed the Town of Whitby's adoption of Official Plan Amendment 123, which requires a 45-metre right-of-way along Dundas Street East.

At the first Case Management Conference, the Tribunal granted Party status to the Region of Durham on consent.

The parties advised that settlement discussions were ongoing, and the Tribunal scheduled a second Case Management Conference for October 13, 2022.

The applicant appealed the Town of Whitby's failure to adopt an Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment to permit a 6-storey, 113-unit residential apartment building.

The Tribunal dismissed the appeals, finding that the proposed development represented an unprecedented over-intensification of residential uses in the Downtown Area.

The Tribunal also held that the applications were premature, as they would usurp the ongoing Downtown Whitby Secondary Plan Update and undermine the public consultation process.

The Durham Region Home Builder's Association appealed the Town of Ajax's Development Charges By-law No. 50-2018.

The appellant argued that the Town improperly applied Federal Gas Tax funding and that the Benefit to Existing (BTE) allocation for active transportation projects was too low.

The Tribunal dismissed the appeal, finding that the Gas Tax funding was not made specifically in respect of the capital costs of the Audley Recreation Centre, and thus did not require a reduction in the development charges.

The Tribunal also accepted the Town's expert evidence that the BTE allocation of 7.5% to 10% for active transportation projects was fair, reasonable, and in accordance with the Development Charges Act.