Brendan Ruddick

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.

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 adopt requested official plan and zoning by-law amendments to permit a 6-storey residential apartment building with 125 dwelling units.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert land use planning evidence, the Tribunal found the revised proposal was consistent with the Provincial Policy Statement and conformed to the Growth Plan and applicable official plans.

The appeals were allowed in part to implement the settlement.

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.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal against the City of St. Thomas's refusal of a zoning by-law amendment application.

The application sought to permit the development of two high-density residential blocks.

The order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence for the 5-day video hearing scheduled to commence on May 23, 2023.

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 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.

Following a two-phase hearing regarding the Yonge & Bernard Key Development Area Secondary Plan, multiple parties brought motions for costs against North Elgin Centre Inc. (NEC).

The moving parties alleged that NEC's counsel engaged in unreasonable, frivolous, and vexatious conduct, including refusing to scope issues, failing to call evidence after indicating an intention to do so, conducting improper cross-examinations, and repeatedly ignoring Tribunal directions.

The Tribunal agreed, finding NEC's conduct to be reprehensible and outrageous.

Costs were awarded to the moving parties on a full indemnity basis, totaling $202,890.63.

At a Case Management Conference for appeals concerning an Official Plan Amendment and Zoning By-law, the Tribunal considered 134 new requests for participant status.

Because none of the requestors attended the hearing as required by the Notice of Hearing, the Tribunal denied them participant status.

However, the Tribunal permitted counsel for the parties to assist the requestors in organizing common Participant Statements to be considered at the next hearing event.

The Tribunal also approved a draft Procedural Order to govern the proceedings.

The appellant appealed the City of Hamilton's failure to make a decision on a Zoning By-law Amendment application to permit a residential apartment addition.

The parties reached a settlement for a 9-storey mid-rise building addition to the existing rental apartment building.

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

The appeal was allowed in part to approve the amended Zoning By-law.

The Ontario Land Tribunal heard Phase 2 of appeals regarding the Yonge and Bernard Key Development Area (KDA) Secondary Plan and Zoning By-law in the City of Richmond Hill.

The hearing focused on site-specific development applications and policies for the eastern quadrants and the Di Pede lands in the northwest quadrant.

The Tribunal approved the City's proposed modifications, which were supported by expert planning, transportation, and environmental evidence.

The Tribunal upheld the Greenway System designation and natural hazard buffer requirements for the northeast quadrant, dismissing the appeals of North Elgin Centre Inc. (NEC), which failed to call any evidence.

All other appeals were dismissed, bringing the Secondary Plan and Zoning By-law into effect for the remaining lands.