Daniel Elmadany

The Tribunal held a first Case Management Conference regarding an appeal by the Applicant resulting from the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 59-storey mixed-use building.

The Tribunal granted Participant status to several local residents and organizations, and held one Party status request in abeyance pending mediation.

A second Case Management Conference was scheduled to allow the parties to engage in mediation.

The parties requested an adjournment of the third Case Management Conference on consent to continue mediation discussions regarding appeals for the failure of the City of Toronto to make decisions on Official Plan and Zoning By-law Amendment and Site Plan Approval applications.

The Tribunal scheduled a fourth Case Management Conference for September 18, 2024, to allow the parties to determine whether a resolution could be attained.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Cartareal Corporation N.V. due to the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 64-storey mixed-use building.

The Tribunal granted party status to 481 Uni Investments Inc., an adjacent property owner.

The parties indicated an interest in Tribunal-led mediation.

A second Case Management Conference was scheduled for September 16, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Toronto's Official Plan Amendment 688, which added a new complete application requirement for Site Plan Control.

The Tribunal deferred two requests for party status to a second CMC on consent.

The Tribunal directed the parties to submit a draft Procedural Order and Issues List and scheduled a second CMC for April 23, 2024.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application and the City's heritage designation of the subject property.

At the second Case Management Conference, the parties requested a further adjournment to continue settlement discussions, noting that City Council would be considering the matter.

The Tribunal scheduled a third Case Management Conference for June 17, 2024, to allow discussions to proceed.

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 held a first Case Management Conference regarding an appeal by the applicants for the City of Toronto's failure to make a decision on a Draft Plan of Subdivision application within the statutory timeframe.

The Tribunal granted party status to Metro Ontario Real Estate Limited on consent.

A second Case Management Conference was scheduled for April 2, 2024, following a planned mediation session.

The appellant appealed the City of Toronto's failure to make a decision on a draft plan of subdivision application within the statutory timeframe.

At the fourth Case Management Conference, the parties reported ongoing discussions to resolve the appeal but requested a fifth conference to continue providing structure to their communication.

The Tribunal scheduled a fifth Case Management Conference and issued procedural directions requiring the City to identify outstanding issues and provide draft conditions, and the appellant to confirm if Tribunal assistance is required.

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 applicant appealed the City's failure to make a decision on a site plan application for a mixed-use development.

At the first Case Management Conference, the applicant requested that hearing dates be scheduled for Fall 2024, arguing there would be sufficient time to incorporate any changes resulting from a related, pending official plan and zoning by-law amendment hearing.

The City opposed, arguing it was premature to schedule the hearing before the related appeals were resolved.

The Tribunal agreed with the City, finding it premature to schedule hearing dates when the nature of the application was likely to change, and directed that a second Case Management Conference be scheduled after the decision on the related appeals is issued.

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.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal from the City of Toronto's failure to make a decision on a draft plan of subdivision for a mixed-use development.

The parties reported ongoing positive discussions and requested a further Case Management Conference to continue settlement efforts.

The Tribunal scheduled a further Case Management Conference and directed the parties to provide an update on their progress five days prior.

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 Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 43-storey mixed-use development.

The Tribunal granted party status to a residents' association and participant status to three other entities.

A second Case Management Conference was scheduled to allow the City to receive instructions from City Council and for the parties to finalize a draft Procedural Order and Issues List.

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 first Case Management Conference regarding an appeal by the applicants against the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 31-storey residential building.

The Tribunal reviewed and approved the draft Procedural Order and Issues List submitted by the parties.

An eight-day video hearing on the merits was scheduled to commence on July 15, 2024.

The appellants appealed the City of Toronto's approval of a Zoning By-law Amendment permitting a mixed-use development with two residential towers (37 and 42 storeys) and a daycare facility.

The appellants argued the development would cause traffic issues, the daycare was inappropriately located, and the built form would unduly limit the redevelopment potential of their adjacent properties.

The Tribunal preferred the evidence of the applicant's experts, finding the proposed vehicular access, parking, and loading were adequate, and the appellants failed to demonstrate how the development would limit their as-of-right uses.

The Tribunal concluded the proposal was consistent with the Provincial Policy Statement and conformed to the Growth Plan and Official Plan, dismissing the appeal.

The Tribunal held a settlement hearing regarding appeals of the City of Toronto's adoption of Official Plan Amendment No. 486 (the King-Spadina Secondary Plan).

Based on uncontroverted expert land use planning evidence, the Tribunal found that the modified OPA 486 is consistent with the Provincial Policy Statement, conforms with the Growth Plan, and conforms to the City's Official Plan.

The Tribunal approved the settlement, allowing the appeals in part to approve OPA 486 as modified, subject to remaining site-specific appeals.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use building, as well as an appeal under the Ontario Heritage Act regarding the demolition of a heritage building.

Prior to the hearing, the parties reached a settlement for an 18-storey mixed-use development that integrates portions of the existing heritage building.

Based on uncontested expert planning and heritage evidence, the Tribunal found the revised proposal consistent with provincial policies and good land use planning.

The Tribunal allowed the appeals in part, approving the amendments in principle and directing the City to consent to the demolition subject to conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a residential and commercial development in Toronto.

The parties agreed on a draft Procedural Order and Issues List, with a minor wording dispute resolved during the conference.

The Tribunal approved the final Procedural Order and scheduled a 15-day video hearing to commence in October 2024.