5 total
Appeals allowed in part to approve settlement permitting high-density mixed-use development with railway mitigation.
The appellants appealed the City of Richmond Hill's failure to make decisions on Official Plan and Zoning By-law amendment applications to permit a high-density mixed-use development with two towers.
The parties reached a settlement modifying the applications to include tower stepbacks and securing mitigation agreements with the Canadian National Railway Company.
Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with provincial policies and good planning, allowing the appeals in part to approve the amendments.
Appeals allowed in part to approve official plan and zoning amendments for a mixed-use development.
The applicant appealed the City of Richmond Hill's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development.
The parties reached a settlement on a revised proposal for two residential towers connected by a podium.
Based on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and representative of good planning.
The Tribunal allowed the appeals in part, approving the Official Plan Amendment and approving the Zoning By-law Amendment in principle, withholding its final order pending the finalization of the zoning by-law.
Leave to appeal OMB decision approving residential development on heritage lands denied.
The moving party sought leave to appeal a decision of the Ontario Municipal Board (OMB) Chair dismissing their Request for Review of a Hearing Officer's decision.
The Hearing Officer had approved an Official Plan amendment allowing residential development on lands, parts of which were designated as a cultural heritage landscape.
The moving party argued the OMB erred by not giving deference to the factual findings of the Conservation Review Board (CRB) regarding the extent of the heritage landscape, raising issue estoppel and abuse of process.
The Divisional Court dismissed the motion for leave, finding no question of law, no good reason to doubt the correctness of the OMB decision, and that the matter was not of sufficient general importance.
Application withdrawn after Tribunal denied applicant's request for an adjournment to obtain unidentified documents.
The applicant filed a human rights application regarding the requirement to submit a Vulnerable Sector Screening Application for a taxi licence.
At the Case Resolution Conference, the applicant requested an adjournment to obtain further documents from the respondents.
The Tribunal denied the adjournment because the applicant could not identify the requested documents or explain their relevance.
The applicant then requested to withdraw his application, which the Tribunal granted.
Motion for a stay of an order compelling the sale of properties pending appeal dismissed.
The moving party sought a stay of an order compelling the sale of two properties pending an appeal.
The underlying application was brought under the Business Corporations Act to wind up a numbered corporation and compel the sale of the properties.
The court applied the three-part test for a stay pending appeal.
While finding there was a serious issue to be tried, the court concluded the moving party would not suffer irreparable harm and the balance of convenience did not favour granting the stay.
The motion for a stay was dismissed with costs.
