A. Suriano

The appellant appealed a Committee of Adjustment decision refusing variances for a duplex and laneway suite.

Prior to the hearing, the parties reached a settlement and the appellant submitted revised variances that reduced the overall number of requests and eliminated an extended basement.

The Tribunal accepted the uncontested expert planning and arboriculture evidence that the revised proposal is consistent with provincial policies, maintains the general intent of the Official Plan and Zoning By-law, is desirable for the appropriate development of the land, and is minor.

The appeal was allowed and the revised variances were authorized subject to conditions.

The appellant appealed a Committee of Adjustment decision refusing variances for a dwelling and laneway suite.

Prior to the hearing, the parties reached a settlement and proposed revised variances along with a list of privately negotiated conditions.

In this interim decision, the Toronto Local Appeal Body indicated it would approve the revised variances but refused to attach the privately negotiated conditions to its order, noting that such conditions should be enshrined in a private agreement rather than enforced by the tribunal.

The parties were directed to confirm their private settlement agreement in writing.

The appellant appealed a Committee of Adjustment decision refusing variances for a proposed duplex and laneway suite.

At a prehearing conference, the appellant requested a consent adjournment of the first hearing date to allow the parties more time to finalize a settlement.

The Toronto Local Appeal Body granted the adjournment and extended the deadlines for filing reply witness and expert statements, finding no prejudice to the parties.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Brampton's Official Plan Amendments concerning Major Transit Station Areas.

The City requested that potential settlements be addressed via written hearings once council instructions are received, and that a party status request by Brampton Plan be deferred.

The Tribunal agreed, deferring the party status request and scheduling a further Case Management Conference for October 2025.

The City of Niagara Falls requested an adjournment of an upcoming hearing regarding 2023 planning instruments, arguing the proceeding may become moot due to a prior Tribunal decision that precluded the appellant's appeal of superseding 2025 planning instruments under Bill 185.

The appellant opposed the adjournment.

The Tribunal exercised its discretion to cancel the scheduled hearing to allow the appellant time to consider whether to seek a review or appeal of the prior decision, and to avoid potentially unnecessary proceedings.

The Tribunal ordered the parties to provide a status update within 60 days.

Several landowners appealed the City of Barrie's Development Charge By-law No. 2023-74.

Prior to the hearing, the parties reached a settlement resolving all 51 issues in dispute.

The City brought a motion to amend the by-law to reduce the residential and non-residential development charge rates in accordance with the settlement.

Based on the uncontradicted expert planning and land economics evidence, the Tribunal found the proposed amendments appropriate and in conformity with the Development Charges Act.

The appeals were allowed in part to implement the amended rates.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by several developers against the City of Barrie's Development Charges By-law No. 2023-74.

The Tribunal directed the appellants to provide their requests for additional information to the City, and the City to respond by specified dates.

A further Case Management Conference was scheduled for February 2024, and a 20-day merits hearing was scheduled to commence in September 2024.

The appellant requested the removal of a condition of approval for minor variances that required a $450,000 cash contribution to the City for local park improvements.

The request was made because the City subsequently enacted a Community Benefit Charge (CBC) By-law, under which the appellant paid $891,300.

The Toronto Local Appeal Body found that the intent of the original condition was satisfied by the CBC payment and ordered that the condition be deemed fulfilled.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

A second Case Management Conference was held regarding appeals by Lifetime Jackes Inc. against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 29-storey residential building.

The Tribunal granted participant status to the Avoca Vale Residents' Association on consent, confirmed the withdrawal of TSCC No. 1546 as a party, and scheduled a 17-day video hearing to commence in September 2024.

The parties were directed to submit a revised Procedural Order and Issues List.

A Case Management Conference was held regarding an appeal by Fourteen Estates against the Municipality of Clarington's adoption of Official Plan Amendment 107.

The parties requested a five-day hearing to resolve the remaining site-specific issues concerning Environmental Protection designations, boundaries, and the scope of an Environmental Impact Study.

The Tribunal scheduled a five-day video hearing and directed the parties to submit a Procedural Order, Issues List, and confirmation of participation from the Ministry of Municipal Affairs and Housing and the Region of Durham.

The applicants appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development with 35-storey and 33-storey residential towers.

The parties reached a settlement, which was supported by uncontested expert planning evidence.

The Tribunal allowed the appeal in part, finding that the proposed amendment is consistent with the Provincial Policy Statement, conforms with the Growth Plan and the City's Official Plan, and represents good planning.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a 9-storey residential building.

Prior to the hearing, the parties reached a settlement supported by local residents' associations.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal represented good planning, provided appropriate transition to the existing neighbourhood, and supported transit-oriented intensification.

The appeal was allowed in part and the revised zoning by-law amendment was approved.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a residential development.

Prior to the hearing, the applicant revised the proposal to a 21-storey condominium building and reached a settlement with the City and neighbouring residents' associations.

Based on the uncontested expert planning evidence that the revised proposal conforms to the applicable official plans and provincial policies, the Tribunal approved the development subject to the fulfillment of final conditions.

The appellants appealed the City of Toronto's approval of site-specific Zoning By-law Amendments permitting a 13-storey residential building.

Following successful Tribunal-led mediation, the parties reached a settlement involving revised building setbacks and balcony locations.

The Tribunal allowed the appeals in part, approving the revised Zoning By-law Amendment based on uncontested expert planning evidence that the proposal represented appropriate residential intensification.

The appellant appealed the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a 54-storey non-residential building containing office, retail, and data centre uses.

The parties reached a settlement prior to the hearing.

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

The Tribunal allowed the appeals in principle, withholding its final order pending the fulfillment of conditions, including the securing of Section 37 community benefits.

A Case Management Conference was held regarding an appeal by the applicant against the municipality's failure to pass a zoning by-law amendment for a proposed 29-storey mixed-use building.

The Tribunal granted Party status to a local neighbourhood association, finding it had a genuine and direct interest in the proceeding.

The Tribunal also approved the Procedural Order and Issues List, and scheduled a ten-day video hearing.

The applicant appealed to the Ontario Land Tribunal under s. 34(11) of the Planning Act due to the City's failure to make a decision on a zoning by-law amendment application for a 14-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted party status to a neighbouring business concerned with compatibility.

The Tribunal scheduled a seven-day hearing and directed the parties to finalize a procedural order and issues list following an anticipated direction report from City council.

The appellant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a 38-storey mixed-use building.

Prior to the hearing, the parties reached a settlement that included reductions in podium height, tower floor plate size, and the provision of affordable housing units.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and Official Plan, and represents good land-use planning.

The appeal was allowed in part and the amendment approved in principle, with the final order withheld pending the fulfillment of specified conditions.