Andrew Valela

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

The Tribunal granted party status to a new property owner, noted the withdrawal of one appeal, and scheduled a third Case Management Conference to allow the parties to finalize the draft Procedural Order and Issues List.

At a second Case Management Conference regarding a hearing of necessity for an expropriation by the City of Toronto, the claimant requested further disclosure of documents.

The Tribunal initially adjourned the CMC pending a formal motion for production, but rescinded the adjournment upon the City's objection.

The Tribunal found that the City had essentially met the disclosure requirements under subsection 7(4) of the Expropriations Act, noting that the subway station design was only 30% complete and many requested documents did not yet exist.

The Tribunal scheduled the hearing of necessity for July 2023.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 13, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal corrected the day of the week for a scheduled Case Management Conference from Wednesday, March 9, 2023, to Thursday, March 9, 2023.

A Case Management Conference was held regarding a Hearing of Necessity requested by the claimant under the Expropriations Act.

The dispute involves the City of Toronto's intent to expropriate interests for the Bloor-Yonge subway station expansion, specifically concerning the relocation of a chiller.

The Tribunal established a procedural timetable for the exchange of the Notice of Grounds and responses, and scheduled a further Case Management Conference.

The claimants and respondent submitted a request on consent for a procedural order to govern the proceedings for the determination of compensation under the Expropriations Act.

The Ontario Land Tribunal issued the requested procedural order, setting out the schedule for pleadings, discoveries, mediation, expert meetings, and the hearing dates.

The applicant appealed the Town of Collingwood's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 100-unit residential development.

Prior to the hearing, the applicant reached settlements with the Town, the County of Simcoe, and the Nottawasaga Valley Conservation Authority.

Based on the uncontested expert planning evidence, the Tribunal found the proposed development consistent with provincial policies and local official plans.

The appeals were allowed, the Zoning By-law Amendment was approved, and the Draft Plan of Subdivision was approved subject to conditions.

During a Case Management Conference regarding appeals of the City of Brampton Official Plan Amendment No. 2006-105, the Tribunal heard an unopposed motion to substitute Velcor Enterprises Limited as an Appellant in place of Caveze Investments Limited.

Velcor had acquired the lands previously owned by Caveze and intended to rely on the same issues.

The Tribunal granted the motion, finding that Velcor satisfied the legislative tests to be a party and its presence was necessary to adjudicate the issues effectively.

The City of Brampton brought a motion on consent seeking modifications to Official Plan Amendment No. 2006-105 (OPA No. 105) regarding the Highway 427 Industrial Secondary Plan Area.

The City sought to modify the boundaries of the natural heritage system in the Rainbow Creek corridor to align with the Rainbow Creek Master Environmental Servicing Plan Addendum, and to approve OPA No. 105 for specific lands.

Based on uncontradicted expert planning evidence and the consent of the parties, the Tribunal found the modifications consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Regional Official Plan, and having regard to matters of provincial interest.

The Tribunal granted the motion and scheduled a Case Management Conference for remaining appeals.