Bruce Engell

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The Ontario Land Tribunal held a Case Management Conference to receive status updates on the remaining appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

The Ontario Land Tribunal held a first Case Management Conference to organize hearings for nine appeals concerning three geographically related properties in Midtown Oakville.

The appellants seek to amend the Livable Oakville Official Plan and site-specific zoning, and request draft plans of subdivision to permit multiple residential towers with mixed-use podiums.

The Tribunal ordered that the appeals be heard together due to their proximity and commonality.

Party and participant status were granted to several entities, and a second Case Management Conference and a six-week hearing were scheduled.

The applicant requested the consolidation of two appeals concerning the same property: one for a Zoning By-law Amendment and another for a Draft Plan of Subdivision.

The parties consented to the consolidation and agreed to participate in a consolidated hearing.

The Tribunal granted the consolidation under Rule 16 of the OLT Rules of Practice and Procedure and issued a procedural order setting a 5-day hearing on the merits.

A case management conference was held regarding appeals by three developers against the Town of Oakville for failing to make decisions on official plan amendments, zoning by-law amendments, and plans of subdivision for mixed-use developments.

The Tribunal granted party and participant status to several entities, ordered that the appeals be heard together due to their proximity and common issues, and scheduled a second case management conference and a six-week hearing.

The appellant appealed the Township's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit the expansion of a mineral aggregate operation.

At the first Case Management Conference, the Tribunal granted party status to the County of Simcoe and a local community coalition.

The Tribunal declined to schedule merit hearing dates, finding it premature given the addition of new parties, the lack of finalized issues lists, and an outstanding related application under the Aggregate Resources Act.

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

The parties reached a settlement proposing a revised draft plan and zoning by-law amendment.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good planning.

The appeals were allowed in part to approve the revised instruments.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Ballymore Building (Midhurst) Corp. for a zoning by-law amendment due to the Township of Springwater's failure to make a decision.

The Tribunal granted party status to an adjacent property owner without objection.

The appellant requested consolidation of this appeal with an existing draft plan of subdivision appeal.

The Tribunal adjourned the consolidation request to a second Case Management Conference to allow for proper notice to the parties of the related appeal.

The Building Industry and Land Development Association appealed the Town of Ajax's Official Plan Amendment No. 71, which updated policies in response to Bill 13 and Bill 109.

At the first Case Management Conference, the parties indicated a reasonable prospect of settlement.

The Tribunal directed the parties to provide a written status update by January 10, 2024, rather than scheduling a hearing immediately.

The Tribunal held a first Case Management Conference regarding an appeal by the Building Industry and Land Development Association against the City of Brampton's Official Plan Amendment No. 232.

The parties requested time to continue settlement discussions and identify issues.

The Tribunal scheduled a second Case Management Conference and directed the parties to submit a draft Procedural Order and Issues List by December 15, 2023.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Sarnia's new Official Plan.

The Tribunal adjourned the appeals by the Bright Grove Appellants sine die, pending the outcome of a proposed new Provincial Policy Statement regarding settlement area expansions.

The Tribunal also scheduled a two-day merit hearing for the appeals by the Short-Term Rental Appellants and directed the parties to submit a draft Procedural Order.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a residential and commercial development in Toronto.

The parties agreed on a draft Procedural Order and Issues List, with a minor wording dispute resolved during the conference.

The Tribunal approved the final Procedural Order and scheduled a 15-day video hearing to commence in October 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2513564 Ontario Ltd. against the Township of Springwater's failure to make a decision on applications for a Zoning By-law Amendment and Plan of Subdivision.

The Tribunal granted party status to the County of Simcoe on consent.

A revised Procedural Order was approved, and a five-day hearing on the merits was scheduled to commence on October 30, 2023.

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 Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (OPA 615).

The parties provided a status update and requested the scheduling of a 30-day merit hearing.

The Tribunal scheduled a fourth Case Management Conference for January 9, 2024, and a 30-day merit hearing commencing October 16, 2024.

A Procedural Order was appended to govern the proceedings.

At a Case Management Conference for appeals regarding the failure of the City of Vaughan to make decisions on Official Plan and Zoning By-law Amendment applications, the Tribunal considered requests for Party Status.

Muzzo Brothers Group Inc., an adjacent landowner, and the Toronto and Region Conservation Authority, citing natural hazards on the subject lands, both requested Party Status.

The Tribunal granted Party Status to both entities and directed the parties to collaborate on a draft Procedural Order and Issues List ahead of the next scheduled Case Management Conference.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a high-rise residential development.

Prior to the hearing, the parties reached a settlement on a revised proposal featuring reduced building heights and increased setbacks.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies, in conformity with applicable official plans, and in the public interest.

The Tribunal allowed the appeals in part and approved the applications in principle, withholding its final order pending the submission of final instruments.

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 applicant appealed the conditions of draft plan approval for an 18-lot residential subdivision in the Township of Oro-Medonte.

Prior to the hearing, the parties reached a settlement on the disputed conditions.

Based on uncontested expert planning evidence, the Tribunal found that the revised conditions were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and had appropriate regard for the criteria in section 51(24) of the Planning Act.

The Tribunal allowed the appeal in part and approved the revised conditions.

The Attorney General for Ontario brought a motion to strike out parts of an affidavit filed by the applicants in an application for judicial review.

The underlying application challenged the vires of O. Reg. 382/19.

The moving party argued the affidavit contained inadmissible legal argument, opinion, and irrelevant evidence that did not fall within the narrow exceptions for supplementing the record on judicial review.

The court adopted a hybrid approach, striking out paragraphs containing clear legal argument and opinion, while adjourning the balance of the motion to the panel hearing the application on its merits.