David Bronskill

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by Urban Capital Harbour (Marlee) Inc. for the City of Toronto's failure to make a decision on official plan and zoning by-law amendments.

The applicant had revised its proposal to a 12-storey residential building with 362 units.

The Tribunal approved the Procedural Order and Issues List submitted by the parties and scheduled a seven-day hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by First Capital Realty Inc. for the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications.

The applications seek to facilitate a 24-storey residential building.

The Tribunal granted party status to a local coalition without objection.

A nine-day hearing was scheduled, and directions were given for finalizing the procedural order and issues list.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 295 Jarvis LP against the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 60-storey mixed-use building.

The Tribunal granted party status to Infrastructure Ontario and The Hospital for Sick Children, and participant status to a local resident.

A 12-day hearing on the merits was scheduled for May 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants due to the City of Toronto's failure to make a decision on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications for a proposed 24-storey mixed-use building and 9-storey apartment building.

The Tribunal granted party status to an adjacent property owner, scheduled a 10-day hearing, and approved the Procedural Order and Issues List on consent.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Dundeal Canada (GP) Inc. from the City of Toronto's failure to make a decision on a Draft Plan of Subdivision application.

The parties advised that they have developed a plan to reduce issues and potentially resolve their disputes.

The Tribunal scheduled a further Case Management Conference for November 20, 2023, to allow the parties to continue settlement and scoping discussions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Jarvis & Earl Inc. and Jarvis & Earl 2 Inc. for a proposed 58-storey residential building in Toronto.

The Tribunal granted party status to Glen-Huntley Holdings Limited and APS Holdings Limited, and participant status to several individuals and organizations.

A second CMC was scheduled for October 20, 2023, and a 10-day hearing on the merits was scheduled for March 2024.

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.

The Tribunal convened a second Case Management Conference regarding appeals against the City of Mississauga's Community Benefits Charge By-law.

The Tribunal confirmed that a previous consolidation order only applied to the jurisdictional question of varying the 4% charge prescribed by regulation, and that any decision on that motion would be without prejudice to the other appellants' issues.

The Tribunal ordered that further proceedings be suspended until the decision on the consolidated motion is final and binding.

The applicant appealed the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a residential development.

At the first Case Management Conference, the parties advised they intend to engage in settlement discussions.

The Tribunal scheduled a second Case Management Conference, which may be converted into a settlement hearing, and directed the parties to file a draft procedural order if a settlement is not reached.

This was the first Case Management Conference regarding appeals by 123 Wynford Inc. against the City of Toronto for failing to make decisions on official plan and zoning by-law amendment applications.

The Tribunal granted participant status to 25 individuals and party status to three organizations on consent.

The Tribunal directed the parties to continue discussions, prepare a Draft Procedural Order with an Issues List, and scheduled a second Case Management Conference for October 24, 2023.

The applicant appealed the City of Oshawa's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a townhouse development.

Prior to the hearing, the parties reached a settlement on a revised proposal for 42 townhouse units.

Based on the uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable official plans.

The Tribunal allowed the appeals in part and approved the planning instruments to implement the settlement.

The Tribunal convened a first Case Management Conference regarding site-specific appeals of Zoning By-law Amendment No. 595-2022, which establishes policies for the Yonge and Eglinton Secondary Plan area.

The Tribunal noted that discussions are ongoing between the parties, consolidated one appeal, and adjourned a second scheduled CMC at the parties' request.

The Tribunal held a first Case Management Conference regarding appeals by the applicant from the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal granted party status to the Toronto and Region Conservation Authority and The Regional Municipality of Peel on consent.

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

The Ontario Land Tribunal held a case management conference regarding multiple appeals against the City of Toronto's By-law No. 595-2022, which regulates development in the Yonge Eglinton Secondary Plan Area.

The Tribunal directed parties to file motions for settlement approval and to bring unappealed provisions of the by-law into effect.

A five-day hearing was scheduled for October 2024 to adjudicate the remaining site-specific appeals.

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 applicant sought minor variances to construct a rear two-storey addition, a third-storey addition, and a detached garage.

The Committee of Adjustment approved the variances, and the neighbouring property owners appealed to the Toronto Local Appeal Body.

The tribunal found that the applicant failed to establish the prevailing building type in the immediate context and did not demonstrate how the proposal, particularly the requested floor space index, respected and reinforced the existing physical character of the neighbourhood.

The appeal was allowed and the variances were refused.

The applicant appealed the City of Toronto's failure to make decisions on an Official Plan Amendment and Zoning By-law Amendment to permit the redevelopment of the subject site with two 11-storey residential buildings.

The parties reached a settlement and presented revised amendments to the Tribunal.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal represents good planning, is consistent with provincial policies, and conforms to the City's Official Plan.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order until several conditions are satisfied.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Fieldgate Urban against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law for a mixed-use development.

During the conference, 8104476 Canada Inc. requested and was granted party status without objection, as it owns adjacent lands and has a direct interest in the proposed shared public road.

The parties confirmed no settlement had been reached.

The Tribunal scheduled a 15-day hearing on the merits to commence on February 26, 2024.

This was the third Case Management Conference regarding appeals by 415 Broadview GP Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications.

The applicant proposes a 10-storey mixed-use building.

The Tribunal reviewed and approved the draft Procedural Order and Issues List on consent of the parties, and scheduled a 10-day video hearing on the merits for June 2024.

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.