Caroline Jordan

The moving party sought to quash the respondent's application for judicial review and motion for leave to appeal an Ontario Land Tribunal decision.

The moving party argued the proceedings were moot due to recent legislative amendments to the Planning Act under Bill 185.

The court dismissed the motion to quash, finding the moving party failed to meet the high threshold of showing the proceedings were manifestly devoid of merit, leaving the statutory interpretation and mootness issues to be decided by the panel hearing the merits.

The Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Zoning By-law No. 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The City requested additional time to continue discussions with the appellants to scope issues and explore potential settlements.

The Tribunal directed the City to file a revised draft Procedural Order by December 2024, scheduled a third Case Management Conference for July 2025, and set a 10-day hearing for October 2025.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated June 7, 2024.

The amendment corrected the overall height of the proposed 91-storey mixed-use building from 338.3 m to 328.4 m.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to increase the permitted height of a mixed-use building from 85 to 94 storeys.

Prior to the hearing, the parties reached a settlement to permit a 91-storey building.

Based on uncontested planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan, noting it would provide additional housing and serve as a landmark without creating unacceptable adverse impacts.

The appeal was allowed in part and the amendments were approved in principle.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The applicant brought a motion to dismiss the appellant residents association's appeals of official plan and zoning by-law amendments permitting an 8-storey residential building.

The appellant argued the development would block protected scenic views of Casa Loma and the downtown skyline, violate mid-rise building performance standards, and negatively impact a building with heritage value.

The Tribunal found that the specific views the appellant sought to protect were not identified in the applicable Official Plan schedule, the mid-rise guidelines were not zoning by-laws, and the Tribunal lacked jurisdiction to compel heritage designation.

Concluding the appeals lacked valid land use planning grounds and had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeals without a hearing.

The applicant appealed the City of Hamilton's failure to make a decision on its Official Plan and Zoning By-law Amendment applications within the statutory timelines.

The applications seek to permit a high-rise mixed-use residential development.

At the first Case Management Conference, the Tribunal approved the Procedural Order and Issues List and scheduled a 7-day hearing on the merits.

At a Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a 43-storey mixed-use development, the Tribunal granted party status to St. Michael's Hospital.

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

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant from the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The application seeks to increase the height of an under-construction mixed-use building by 9 storeys.

The Tribunal granted party status on consent to several adjacent property owners and local residents' associations.

A second Case Management Conference was scheduled to finalize the procedural order and issues list.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law amendment applications for a proposed 10-storey mixed-use building.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the revised proposal, which included height reductions and increased setbacks, was consistent with the Provincial Policy Statement and conformed to the Growth Plan and Official Plan.

The Tribunal allowed the appeal in part on an interim basis, withholding its final order pending the satisfaction of several conditions including the finalization of the amending instruments.