Daniel Angelucci

The Tribunal held a first Case Management Conference regarding appeals by Jacob's Tent Inc. against the City of Toronto for failing to make a decision on a Zoning By-law Amendment and Site Plan Approval within statutory timeframes.

The appeals relate to a proposed mixed-use development on Danforth Avenue.

The Tribunal granted party status to several entities on consent, granted participant status to a daycare centre, approved a Procedural Order, and scheduled a 10-day hearing on the merits for February 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The Tribunal granted party status to five adjacent or nearby landowners on consent.

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

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The City of Guelph brought a motion for directions seeking partial approval of its new Comprehensive Zoning By-law, save and except for certain sections under appeal.

The City also sought to scope the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to site-specific or area-specific appeals.

The Tribunal granted the motion, finding that the notices of appeal for both respondents only provided reasons related to specific properties and did not justify city-wide appeals.

The Tribunal deemed the unappealed portions of the By-law to be in full force and effect and ordered the respondents to scope their appeals accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Marlin Realty Ltd. against the City of Toronto for failing to make a decision on a zoning by-law amendment application for a 38-storey mixed-use building.

The Tribunal granted party status to five entities and participant status to one individual on consent.

A second Case Management Conference was scheduled for February 2024, and a ten-day hearing on the merits was scheduled for July 2024.

The City of Toronto brought a motion for an order approving Official Plan Amendment No. 445, as modified, following a settlement with multiple appellants.

The amendment establishes a policy framework for the West Queen West area, addressing heritage conservation, built form, and public realm enhancements.

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

The Tribunal approved the modified amendment, allowing the appeals in part, while adjourning one site-specific appeal sine die.

This was the first Case Management Conference regarding multiple appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal granted party status to 2793031 Ontario Inc. on consent.

The parties advised that discussions were ongoing to scope the issues and potentially bring parts of the by-law into force.

The Tribunal scheduled a scoping motion and a second Case Management Conference, and directed the submission of a draft Procedural Order and Issues List.

The appellant appealed the City of Brampton's failure to make a decision on a site plan application for a 31,883 square metre urban distribution and logistics facility.

Prior to the hearing, the parties reached a settlement resolving the primary issue of heavy truck access.

Relying on uncontroverted expert planning evidence, the Tribunal found the revised site plan was consistent with the Provincial Policy Statement and conformed to the Growth Plan and local official plans.

The Tribunal approved the revised site plan in principle, withholding its final order pending execution of a site plan agreement.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal from the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 60-storey mixed-use building.

The Tribunal granted party status on consent to three neighbouring property owners who wished to monitor the proceedings.

A 10-day hearing was scheduled for March 2024, and the parties were directed to file a draft procedural order and issues list.

This was the first Case Management Conference for an appeal regarding a Zoning By-law Amendment to permit a 34-storey mixed-use building at 1840 Bayview Avenue in Toronto.

The Tribunal granted participant status to 19 individuals and associations, and party status to Glaze Dev LP and the Broadway Area Residents Association.

A 10-day video hearing was scheduled to commence on May 27, 2024, and the parties were directed to submit a draft Procedural Order and Issues List.

The appellants appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments to permit high-rise mixed-use developments at 399-415 Yonge Street.

Following Tribunal-led mediation, the parties reached a settlement endorsed by City Council.

The Tribunal allowed the appeals in part to give effect to the settlement, finding that the revised proposals, including traffic and servicing improvements, represented good planning.

This was the second Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 571, which adds the Mount Dennis Secondary Plan.

The Tribunal rescheduled a mediation and scheduled further CMCs to consider a potential motion by the City to adjourn related development applications.

On consent, the Tribunal granted Metrolinx party status, noting it must shelter under existing issues.

A request for party status by FortyTwo Communities Fund LP II GP Inc. was withdrawn after the City opposed it.

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.

At a case management conference, the Tribunal addressed the parties' failure to comply with a prior order to submit a Procedural Order and Issues List.

The parties had reached a last-minute settlement and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing, granted Metrolinx party status on consent, and admonished the parties for their non-compliance with case management directives.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit an 8-storey mixed-use building.

The applicant and the City reached a settlement on a revised proposal, but an adjacent property owner opposed it, citing concerns over height, angular planes, and privacy impacts.

The Tribunal accepted the applicant's planning evidence, finding that the revised proposal conforms with the Official Plan, is consistent with provincial policies, and provides appropriate transition and mitigation of impacts.

The appeal was allowed in part to implement the settlement proposal.

This was the first Case Management Conference regarding an appeal by the applicant against the City's failure to make a decision on a zoning by-law amendment application within the legislative timeframe.

The Tribunal denied a late request for Participant status from a community member who attended the CMC but only requested status after its conclusion, noting that reopening the issue would unnecessarily strain resources.

The Tribunal scheduled a five-day merit hearing to commence on February 26, 2024, and directed the parties to submit a final draft Procedural Order and Issues List.

The applicants appealed the City of Toronto's failure to make a decision on their zoning by-law amendment applications for 53 and 55 Yonge Street.

Prior to the hearing, the parties reached a settlement for a revised 66-storey mixed-use building.

Based on uncontested expert planning and transportation evidence, the Tribunal found the proposal represents an appropriate and desirable redevelopment within the Urban Growth Centre, conforms to provincial policy, and represents good planning.

The Tribunal allowed the appeal in part and approved the settlement proposal in principle, withholding its final order pending the finalization of the by-law and related engineering and transit conditions.

The Tribunal held a Case Management Conference for consolidated appeals regarding proposed high-rise developments on Yonge Street.

The parties disputed the wording of the draft Procedural Order and the inclusion of adjacent lands in a revised Official Plan Amendment.

The Tribunal directed the parties to submit a final draft Procedural Order and consolidated Issues List following the upcoming City Council meeting.

At a first Case Management Conference regarding appeals for a proposed 45-storey residential development, the applicant brought a motion to secure a Procedural Order and hearing dates.

The Tribunal dismissed the motion as unnecessary and a waste of resources, noting that the Tribunal is already mandated to schedule hearings and issue procedural orders under its rules.

The Tribunal proceeded to set dates for a final pre-hearing CMC and a five-day video hearing.

The applicant 399Y Corporation brought a motion to consolidate its appeals regarding a proposed 75-storey mixed-use building with the appeals of 415 Yonge Holding Ltd. regarding a proposed 42-storey addition, both located within the same block.

The City of Toronto opposed the consolidation, citing prejudice due to the need for Council direction and the lack of a community consultation meeting for the 399Y appeal.

The Tribunal granted the motion to consolidate, finding that dealing with the combined context through a block planning lens would ensure the efficient and effective use of the Tribunal's time and that of the parties, and maintained the scheduled hearing dates.