Christie Gibson

The Ontario Land Tribunal held a third Case Management Conference regarding 14 active appeals to the City of Toronto's Official Plan Amendment 777 (Sheppard East Secondary Plan).

The City requested the scheduling of a fourth CMC and a three-week merit hearing for March 2027.

The Tribunal established procedural deadlines and scheduled the fourth CMC for September 2026, but declined to schedule the merit hearing at this stage due to ongoing mediation, pending City Council instructions, and the lack of finalized issues lists and procedural orders.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal regarding an official plan amendment and zoning by-law amendment to permit a 29-storey building at 69 Yorkville Avenue in Toronto.

The order sets out the schedule of events, issues list, and order of evidence for a 9-day hearing scheduled to commence on July 28, 2025.

The applicant appealed the City of Toronto's refusal of an official plan amendment and zoning by-law amendment to permit a 29-storey mixed-use building.

At the second case management conference, the parties requested to convert the scheduled merit hearing into a case management conference because revised plans submitted by the applicant did not result in a settlement.

The Tribunal adjourned the merit hearing, directed the filing of a new procedural order and issues list, and scheduled a new nine-day merit hearing for July 2025.

The applicant appealed the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to permit two mixed-use residential buildings of 40 and 42 storeys.

Prior to the hearing, the parties reached a settlement and the subdivision appeal was withdrawn.

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

The Tribunal allowed the appeals in part and approved the amendments in principle on an interim basis, withholding its final order pending the satisfaction of specified conditions, including wind safety mitigation and a parking agreement.

The appellant appealed the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for a proposed 35-storey residential building.

The parties reached a settlement on the Official Plan and Zoning By-law Amendments.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan.

The Tribunal allowed the appeals in part on an interim basis, withholding its final order until various conditions are satisfied.

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 Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 2941 Eglinton East Limited Partnership concerning the City of Toronto's failure to make decisions on zoning by-law amendment and site plan control applications within the statutory timeframes.

The order establishes the issues list, order of evidence, and procedural dates leading up to a 15-day hearing scheduled to commence on August 12, 2024.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings leading up to and including a 21-day hearing scheduled to commence on June 3, 2024.

The hearing concerns appeals of the City of Toronto's Proposed Official Plan Amendment No. 183 and By-law No. 235-2-16, which designates the Historic Yonge Street Heritage Conservation District and Plan.

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 appellant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 66-storey mixed-use building.

The parties reached a settlement proposing a 66-storey tower with a seven-storey podium, retail uses, and a public park dedication.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and City Official Plan.

The Tribunal allowed the appeal in part on an interim basis, approving the Zoning By-law Amendment in principle and withholding its final order pending satisfaction of conditions.

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 fourth Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 1891 Eglinton Avenue East in Toronto.

The applicant submitted a revised application, and the parties agreed to a revised Procedural Order and a new 14-day Merit Hearing date.

The Tribunal approved the revised Procedural Order, scheduled the Merit Hearing for March 11, 2024, and directed the parties' planning experts to provide an agreed Statement of Facts.

The appellant appealed the City's failure to make a decision on a proposed Plan of Subdivision and requested that a merit hearing be scheduled.

The City opposed the request, arguing it was premature to schedule the hearing before a related Official Plan Amendment appeal decision was released.

The Tribunal agreed with the City, finding it premature to schedule a merit hearing because the parties had not yet submitted a draft Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make decisions on Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision applications.

The applications seek to permit two mixed-use residential buildings of 40 and 42 storeys.

The Tribunal finalized the Procedural Order and Issues List and scheduled a 15-day hearing.

The City of Toronto brought a motion for directions seeking an adjournment sine die of site-specific appeals by 955 Weston and CP REIT regarding Official Plan Amendment 571 (Mount Dennis Secondary Plan).

The appellants consented to the adjournment subject to agreed terms.

The Tribunal granted the adjournment, finding it efficient and without prejudice.

A request to consolidate Trolleybus's appeal with its other site-specific appeals was deferred to a future case management conference.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

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.