C. Barnett

This decision arises from a Case Management Conference regarding multiple appeals against the City of Toronto's adoption of a by-law designating the King-Spadina Heritage Conservation District.

On consent, the Tribunal approved updates to the procedural order, recognized additional appellants for transition purposes, and extended the due date for the delivery of proposed modifications to the Heritage Conservation District Plan.

The Tribunal held a third Case Management Conference regarding complex expropriation claims by the claimants against the respondent concerning Union Station.

The parties agreed on most terms of a draft Procedural Order but disagreed on the commencement date for a 40-day hearing, with the claimants proposing April 2025 and the respondent proposing September 2025.

The Tribunal compromised and set the hearing to commence on June 9, 2025, by video hearing, and directed the parties to submit a finalized Procedural Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by several developers against the City of Barrie's Development Charges By-law No. 2023-74.

The Tribunal directed the appellants to provide their requests for additional information to the City, and the City to respond by specified dates.

A further Case Management Conference was scheduled for February 2024, and a 20-day merits hearing was scheduled to commence in September 2024.

A Case Management Conference was held for related appeals concerning the Churchville Heritage Conservation District and site-specific applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision.

The Tribunal granted Party status to a neighbouring property owner for the site-specific appeals and Participant status to another individual for the heritage appeal.

A Procedural Order and Issues List were approved, and dates for a further Case Management Conference and a five-day Hearing on the Merits were scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding complex expropriation claims by Osmington (Union Station) Inc. and the City of Toronto against Metrolinx.

The Tribunal declined to set a hearing date, finding it premature as the parties had not yet agreed on the lands expropriated or finalized a Common Visual Evidence Book.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.

The Tribunal held a second Case Management Conference regarding complex expropriations of lands and air rights at Union Station.

The parties provided updates on Tribunal-led mediation, a draft Procedural Order, and a Common Visual Evidence Book.

Finding that the parties had not yet agreed on the lands expropriated and their areas, the Tribunal concluded it was premature to set a hearing date.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Toronto's By-law No. 1218-2022, which designates the Parkdale Main Street Heritage Conservation District.

The parties consented to a draft Procedural Order and Issues List.

The Tribunal scheduled a nine-day video hearing to commence in September 2024 and approved the final Procedural Order to guide the proceedings.

This was the second Case Management Conference regarding appeals by Auto Complex Ltd. from the City of Vaughan's failure to make decisions on an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for 7200 Yonge Street.

Morguard Corporation requested and was granted Party status on consent.

The Tribunal directed the parties to submit the final Procedural Order and Issues List by September 11, 2023, ahead of the merit hearing scheduled for November 14, 2023.

The Ontario Land Tribunal held a Case Management Conference regarding claims for compensation arising from expropriations at Union Station by Metrolinx.

The claimants, Osmington (Union Station) Inc. and the City of Toronto, and the respondent, Metrolinx, provided updates on pleadings and mediation efforts.

The Tribunal scheduled a second Case Management Conference, directed the parties to prepare a draft Procedural Order, and suggested the creation of a common visual evidence book to assist in mediation or a hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant from the municipality's failure to make a decision on an Official Plan Amendment to permit a gravel pit.

The Tribunal granted party status to the regional municipality, the Niagara Escarpment Commission, and an adjacent property owner.

Participant status was granted to two individuals.

A second Case Management Conference was scheduled for December 2023 to allow time for related applications to be filed.

The County of Brant brought a motion requesting the Tribunal not to schedule hearings on the merits of two sets of appeals while an Interim Control By-law (ICBL) was in effect.

The County argued that scheduling the hearings would run contrary to the intent of section 38 of the Planning Act, which provides a municipality with 'breathing space' to rethink its land use policies.

The Tribunal denied the motion, finding that section 38 only authorizes a municipality to prohibit the use of land, buildings, or structures, and does not suspend the processing of development applications or the adjudication of appeals.

The Tribunal concluded that scheduling the hearings offered the best opportunity for a fair, just, and expeditious resolution of the proceedings under section 12(2) of the Ontario Land Tribunal Act, 2021.

The applicants appealed the Regional Municipality of Durham's decision to approve an Official Plan Amendment to the Municipality of Clarington Official Plan.

The Southwest Courtice Landowners Group requested and was granted party status.

The municipality and other parties submitted that the appeal was invalid because the applicants failed to make oral or written submissions to the municipal council prior to the adoption of the amendment, which is a statutory pre-condition under subsection 17(36) of the Planning Act.

The Tribunal agreed, finding it lacked jurisdiction to hear the appeal, and dismissed it.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's By-Law No. 1218-2022, which designated the Parkdale Main Street Heritage Conservation District.

The Tribunal granted party status to three neighbouring property owners and participant status to two community organizations on consent.

A second Case Management Conference was scheduled to allow the parties to scope issues and submit a draft Procedural Order.

At a Case Management Conference for appeals regarding Official Plan and Zoning By-law amendments, the applicant brought a motion for a declaration that its counsel, Goodmans LLP, was not in a conflict of interest.

An opposing party had previously been represented by a different lawyer at the same firm in a minor variance matter.

The Tribunal applied the test from MacDonald Estate v. Martin and found that no confidential information had been transmitted to the applicant's current counsel, the prior matter was unrelated, and the firm had promptly established an ethical wall.

The motion was allowed in part, and the applicant was permitted to continue retaining the firm.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated February 28, 2023.

The amendment corrected the date and GoToMeeting login information for the upcoming three-week hearing on the merits, which is now scheduled to commence on April 29, 2024.

A Case Management Conference was held regarding appeals by Burlington 2020 Lakeshore Inc. against the City of Burlington's refusal of Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The Tribunal approved the Procedural Order on consent and scheduled a 15-day hearing on the merits for April 2024, noting that a pending motion review regarding the application date may affect the schedule.

At a Case Management Conference for appeals regarding official plan and zoning by-law amendments, the Tribunal granted participant status to a neighbouring property owner and upgraded another individual to party status.

A motion regarding a potential conflict of interest of the applicant's counsel was adjourned to a subsequent Case Management Conference due to the self-represented respondent being snowed in and unable to attend the video hearing.

A Case Management Conference was held regarding 81 appeals against the City of Toronto's By-law No. 1111-2017, which designated the King-Spadina Heritage Conservation District.

The Tribunal approved the draft Procedural Order and scheduled a 25-day hearing on the merits to commence on January 15, 2024.

A further Case Management Conference was scheduled for September 13, 2023, to provide a status update.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Auto Complex Ltd. against the City of Vaughan's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a proposed high-density mixed-use development at 7200 Yonge Street.

The Tribunal granted party and participant status to several entities and scheduled a further Case Management Conference and a 14-day hearing for 2023.

The Tribunal issued an amending decision under Rule 24.4 of its Rules of Practice and Procedure to correct a typographical error in a previous decision.

The amendment corrected the hearing start date, confirming that the hearing would commence on February 6, 2023, and approved the revised Procedural Order.