Bola Ogunmefun

The appellants appealed the non-decision of the York Regional Council regarding a complaint seeking a refund of overpaid development charges.

The dispute centered on whether York's application of its interest rate policy to frozen development charge rates resulted in a total charge that exceeded the historic level of service, contrary to the Development Charges Act.

The Tribunal found that the interest provisions of the Act do not permit a municipality to charge more than what is needed to cover the cost of services.

The appeal was allowed, and York was ordered to refund the overpaid amount of $478,158.17 plus interest.

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.

The parties requested on consent to adjourn the hearing scheduled for May 2024 regarding the proposed redevelopment of 7887 Weston Road.

The Tribunal granted the adjournment to allow the parties to engage in Tribunal-led mediation and rescheduled the 20-day merit hearing to commence in January 2025.

A revised Procedural Order was issued to govern the rescheduled hearing.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a transit-oriented development at 88 Steeles Avenue West.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed Zoning By-law Amendment, which permits two high-rise residential towers, represents good planning and conforms to applicable provincial and municipal policies.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle on an interim basis, contingent on the fulfillment of specified conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of Official Plan Amendment 155 by Acorn NE Stouffville Inc. and Northcape Investments Inc. The parties worked to narrow the scope of the appeals and finalize an Issues List, particularly concerning land use designations and road alignments within the Old Elm Major Transit Station Area.

The Tribunal scheduled a 15-day hearing on the merits and approved the Procedural Order and Issues List.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by 9218 Yonge Street Inc. for a high-density mixed-use development in the City of Richmond Hill.

The Tribunal reviewed and approved an updated Procedural Order and Issues List, which had been scoped following the applicant's resubmission to the City.

The parties were directed to continue settlement discussions and advise the Tribunal if a settlement is reached prior to the scheduled 12-day hearing.

The Ontario Land Tribunal held a case management conference regarding an appeal by Greycan 12 Properties Inc. and 12501252 Canada Inc. against the Regional Municipality of York concerning a refund of overpaid development charges.

The Tribunal issued a procedural order setting a two-day video hearing for March 2024 and established the issues list and order of evidence.

A subsequent correction notice was issued to fix a typographical error in the teleconference access number.

The Regional Municipality of York brought a motion to dismiss an appeal regarding development charges, arguing the appellants failed to file their complaint within the 90-day statutory period.

The appellants had delivered their complaint and payment under protest to the Town of Georgina, which collected the charges on behalf of the Region.

The Tribunal found that the Town acted as the Region's agent, making the delivery valid and timely.

The Tribunal also rejected the Region's argument that the appeal improperly attacked the development charge by-law, finding that the appellants raised valid issues regarding the assessment of interest on frozen charges.

The motion to dismiss was dismissed.

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.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a 367-unit residential apartment building.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal 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, finding they represent good planning and are in the public interest.

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.

This was the second Case Management Conference regarding appeals by 9218 Yonge Street Inc. due to the City of Richmond Hill's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a high-density mixed-use development.

The Tribunal approved the draft Procedural Order and Issues List, noting the City would finalize its issues following the applicant's resubmission.

A third Case Management Conference was scheduled for December 4, 2023, and a 12-day hearing was scheduled to commence on April 22, 2024.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a 30-storey residential building.

Prior to the hearing, the parties reached a settlement agreement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable official plans, and represented good planning.

The Tribunal allowed the appeals in part to implement the settlement, withholding its final order pending the finalization of site plan and zoning by-law details.

The Ontario Land Tribunal issued a procedural order following a Case Management Conference regarding appeals by Wedgewood Columbus Limited against the City of Vaughan's failure to adopt requested Official Plan and Zoning By-law amendments for the property at 7887 Weston Road.

The order sets out the organization of the 24-day hearing scheduled to begin on May 27, 2024, establishes the deadlines for the exchange of witness lists, expert reports, and visual evidence, and finalizes the Issues List to be adjudicated.

The applicant appealed the City of Vaughan's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a 30-storey residential building.

At the third Case Management Conference, the parties advised they were working towards a settlement.

The Tribunal scheduled a further Case Management Conference, set a 14-day merits hearing, and approved the draft Procedural Order to govern the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant for a non-decision on Official Plan and Zoning By-law Amendment applications to permit a 348-unit residential apartment building in the City of Vaughan.

The Tribunal granted participant status to a neighbouring resident on consent.

The Tribunal also approved the draft Procedural Order and Issues List submitted by the parties, noting that the applicant's development plans had been revised and may continue to change through ongoing discussions.

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 applicant appealed the Township of King's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 28-unit single detached residential development.

Prior to the merit hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with the Provincial Policy Statement, in conformity with applicable provincial and municipal plans, and representative of good planning.

The Tribunal allowed the appeals in part on an interim basis, approving the draft plan and zoning by-law amendments in principle, with the final order withheld pending satisfaction of specified conditions.

The Tribunal held a second Case Management Conference regarding appeals by 7818 Dufferin Inc. against the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The Tribunal granted party status to the Regional Municipality of York on consent.

The parties submitted a finalized Procedural Order and Issues List, which the Tribunal approved.

A 9-day hearing on the merits was scheduled to commence on January 22, 2024.

The Ontario Land Tribunal held Case Management Conferences regarding appeals by 7080 Yonge Limited against 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 application.

The Tribunal issued a Procedural Order on consent, setting out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence for a 15-day video hearing scheduled to commence on October 23, 2023.