Christina Kapelos

The Ontario Land Tribunal considered six settlements of site-specific appeals to the City of Toronto's Official Plan Amendment 231 (OPA 231), which deals with economic health and Employment Areas.

The Tribunal heard uncontested expert planning evidence supporting the settlements for properties in Southwest Etobicoke.

The Tribunal found that the proposed modifications to OPA 231 represented good planning, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The Tribunal approved the settlements and modified OPA 231 accordingly.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding an objection to a Notice of Intention to Designate a property under the Ontario Heritage Act.

The order set the hearing dates, identified the parties, and established requirements for witness lists, document exchange, and expert evidence.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The parties requested mediation, and a final Procedural Order was submitted and approved.

The Tribunal scheduled a 10-day video hearing to commence on April 24, 2023.

The applicants appealed the City of Toronto's failure to make a decision on their zoning by-law amendment applications for a mixed-use development in the Port Lands.

At a Case Management Conference, the parties agreed that the appeals should proceed now that the Port Lands Official Plan Modification is largely in force.

The Tribunal scheduled a further Case Management Conference for March 2023 to allow the applicants to provide updated materials to the City for review.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

The applicant appealed the City of Vaughan's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

At the first Case Management Conference, the Tribunal granted party status to several individuals and associations.

The Tribunal scheduled a second Case Management Conference for December 2022 and a 10-day hearing on the merits for May 2023, directing the parties to prepare a draft Procedural Order and Issues List.

The applicant, owner of the subject property, brought a motion for party status in an appeal of a zoning by-law amendment that would permit a hotel on its lands.

The appellants, adjacent industrial landowners, opposed the motion on the basis that it was brought late, just before a scheduled settlement hearing.

The Tribunal applied the factors from Oakville (Town), Re and found that the applicant had a direct interest, its participation would serve the public interest, and denying status would cause it significant prejudice.

The motion for party status was granted.

This was the first Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The Tribunal granted party and participant status to several entities and individuals on consent.

A second Case Management Conference was scheduled for September 7, 2022, and a ten-day hearing was scheduled to commence on April 24, 2023.

The appellant completed unauthorized site alterations, including regrading and tree removal, within a Key Natural Heritage Feature on the Oak Ridges Moraine.

The Town's Committee of Adjustment refused the subsequent minor variance application.

On appeal, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found that the proposed variances, subject to conditions including a comprehensive tree restoration plan and security deposit, met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed in part and the variances were approved.

The Tribunal held a video hearing regarding appeals against a zoning by-law passed by the Town of Whitby.

The Applicant, who owned the subject property, had missed a previous Case Management Conference due to technical difficulties and was excluded from subsequent settlement discussions between the Appellants and the Town.

The Applicant retained new counsel and indicated an intent to bring a motion for party status and an adjournment.

The Tribunal adjourned the scheduled settlement hearing and set a timetable for the filing of motion materials regarding the Applicant's request for party status.

The applicant appealed the City of Burlington Committee of Adjustment's refusal to grant 18 minor variances to permit a 67-unit standard condominium townhouse development.

The variances related to density, building height, setbacks, parking, and landscaping.

The City supported the variances at the Tribunal.

The Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Regional Official Plan, and met the four tests under section 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variances.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Stafford Homes Ltd. against the Town of Ajax's Development Charges By-law No. 55-2020.

The Tribunal issued a Procedural Order on consent of the parties, scheduled an eight-day video hearing for August and September 2022, and scheduled a further pre-hearing status hearing for July 2022.

A Case Management Conference was held regarding an appeal of a zoning by-law amendment refusal and a site plan referral.

The parties advised the Tribunal that they were exploring ways to resolve the matter and proposed a joint motion for directions under s. 41(4.2) of the Planning Act to determine if the matter is subject to site plan control.

The Tribunal directed the parties to bring the motion and file materials by July 30, 2021, to be disposed of in writing.