Bruce Engell

The appellant filed appeals regarding the City of Toronto's failure to make a decision on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications for a 71-storey residential mixed-use building.

At the second Case Management Conference, the parties advised that they were engaged in productive mediation.

The Tribunal directed the parties to provide a status update and a Draft Procedural Order and Issues List by March 28, 2025, without scheduling further hearing dates at this time.

This was the first Case Management Conference regarding appeals of the County of Lambton's decision to approve Official Plan Amendment No. 3, adopted by the City of Sarnia.

The Tribunal granted participant status to two area residents on consent.

The parties agreed to participate in a scoping exercise to identify the specific sections and schedules of the OPA under appeal.

A second Case Management Conference was scheduled for November 28, 2024, to provide an update on the scoping exercise and to schedule a hearing date.

At a Case Management Conference regarding appeals for an official plan amendment and zoning by-law amendment to permit a gravel pit expansion, the Tribunal heard two motions.

A motion to adjourn the CMC to allow the Chiefs of Ontario to assess consultation adequacy was dismissed, as they were not a party and no prejudice would result from proceeding.

A motion by the applicant to consolidate the Planning Act appeals with a newly referred Aggregate Resources Act matter was granted, as the matters relate to the same property and proposal, and consolidation would ensure efficiency and avoid predetermination of issues.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in a previous decision issued on September 13, 2024.

The amendment corrected the video hearing information for a hearing scheduled on April 7, 2025.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by multiple developers against the Town of Oakville for failing to make decisions on their respective Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision applications.

The applications propose mixed-use developments in the Midtown Oakville area.

The Tribunal granted party status to two neighbouring landowners in the Cross Appeal and ordered that the Cross Appeal be heard together with the other related appeals.

A further Case Management Conference and a multi-week hearing were scheduled for 2024 and 2025.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by Old Second South Inc. against the Township of Springwater's failure to make decisions on applications for a zoning by-law amendment and a proposed plan of subdivision.

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.

At a Case Management Conference, the City of Toronto requested an adjournment of a scheduled hearing regarding an official plan and zoning by-law amendment for 2500 Don Mills Road.

The City argued that the Applicant's late submission of revised plans prejudiced its ability to prepare.

The Applicant subsequently withdrew the revised plans and reverted to the original plans.

The Tribunal denied the adjournment request, finding no procedural fairness issue given the withdrawal, but released the first week of the hearing and adjusted the procedural order dates.

The City of Brampton adopted the Heritage Heights Secondary Plan, which was subsequently appealed by multiple landowners and developers.

Following extensive mediation, the parties reached a settlement resulting in a Revised Heritage Heights Secondary Plan that accommodates provincial transportation and transmission corridors while increasing projected population and jobs.

Based on uncontroverted expert planning evidence, the Tribunal found the revised plan consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part, approving the modified plan save for two deferred areas that remain subject to ongoing discussions.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a decision issued on July 22, 2024.

The amendment clarified the upcoming hearing event information regarding a Case Management Conference and a Merit Hearing scheduled for November 2024.

The applicant appealed the Township's failure to make a decision on official plan and zoning by-law amendment applications to permit the expansion of a mineral aggregate operation.

At a case management conference, the applicant requested a hearing date be set despite a concurrent Aggregate Resources Act application not yet being referred to the Tribunal.

A party opposed setting a date, arguing the constitutional duty to consult First Nations had not been met.

The Tribunal found it premature to set a hearing date due to uncertainty regarding the scope of issues and directed a third case management conference.

The Tribunal also directed that any constitutional arguments must be brought by formal written motion with proper notice.

The appellant appealed the City of Vaughan's failure to adopt requested official plan and zoning by-law amendments for a proposed high-density mixed-use development.

The parties reached a global settlement to amend the Promenade Centre Secondary Plan and the Comprehensive Zoning By-law.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with provincial policies and approved them on consent, dismissing the site-specific appeals as no longer necessary.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided status updates on Phase 3, 4, and 7 appeals, as well as various topic-specific and site-specific appeals, noting several withdrawals and ongoing settlement discussions.

The Tribunal ordered a further Case Management Conference for November 2024 and scheduled a three-day merit hearing for a specific site appeal.

The appellant appealed the City of Brampton's refusal of applications for an Official Plan Amendment and Zoning By-law Amendment to permit an eight-storey residential building with ground-floor retail.

At the first Case Management Conference, the Ontario Land Tribunal scheduled a five-day merit hearing and directed the parties to finalize a Procedural Order and Issues List.

The applicant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision for a 36-lot residential development.

At the first Case Management Conference, the Tribunal granted party status to the County of Simcoe and participant status to three individuals.

The Tribunal also approved the parties' draft Procedural Order and scheduled a 10-day merit hearing to commence in November 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Barrie's Development Charges By-law 2023-74.

The parties reached an agreement on the terms of a Procedural Order and Issues List.

The Tribunal issued the Procedural Order on consent, setting a four-week hearing on the merits to commence in September 2024.

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 applicants sought judicial review to quash O. Reg. 382/19, which amended transitional rules for planning appeals before the Ontario Land Tribunal, arguing it was ultra vires its enabling statute.

The regulation reimposed a more restrictive procedural regime on third-party appeals of municipal planning decisions.

The Divisional Court dismissed the application, finding that the Attorney General had broad, express statutory authority under s. 43.1 of the Local Planning Appeal Tribunal Act, 2017 to make the transitional regulation.

The court held the regulation was consistent with the enabling statute and did not improperly deprive the applicants of vested substantive rights.

The court also declined to address procedural fairness issues, finding them premature as they should be raised in the applicants' pending motion for leave to appeal.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the appellant against the respondent's passing of a zoning by-law amendment.

The by-law facilitates a permanent office and outdoor storage for truck and trailer parking.

A third party was granted party status without objection.

The parties expressed willingness to pursue Tribunal-led mediation.

A second Case Management Conference was scheduled.

The County of Grey brought a motion seeking a determination that an amendment to the County Official Plan was required to permit a 37-unit residential farm cooperative proposed by Thornbury Acres Holdings Inc. The County and the Town of Blue Mountain argued that the proposed development, which would operate as a vacant land condominium, was not a bona fide cooperative under the Co-operative Corporations Act.

The Tribunal dismissed the motion, finding that the Official Plan did not require a residential farm cooperative to be constituted under the Co-operative Corporations Act, which regulates governance rather than land use.

The Tribunal held a second Case Management Conference regarding an appeal by the appellant against the respondent's Official Plan Amendment No. 232, which implements changes related to Bill 109.

The parties requested additional time to advance settlement discussions.

The Tribunal adjourned the matter sine die and directed the parties to provide a status update by March 29, 2024.