David Bronskill

The Ontario Land Tribunal issued an amending decision to correct a typographical error in a previous decision regarding an appeal for a 28-storey mixed-use building in Toronto.

The amendment corrected a phone number provided for audio-only access to the hearing.

The Ontario Land Tribunal held a second 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 for a 28-storey mixed-use building.

The Tribunal scheduled a 10-day video hearing and approved the Procedural Order.

The Tribunal noted that a community association party failed to submit an Issues List and is therefore precluded from raising new issues at the hearing.

The appellant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a residential infill development at 500 Duplex Avenue.

Prior to the hearing, the parties reached a settlement that reduced the height and massing of the proposed buildings and included a public park dedication.

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

The appeal was allowed in part, and the amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions including rental housing demolition approval and infrastructure capacity confirmation.

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.

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A request for party status by FortyTwo Communities Fund LP II GP Inc. was withdrawn after the City opposed it.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 Ontario Land Tribunal held a second Case Management Conference regarding appeals by Sanderling Developments Limited against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Application for a 32-storey mixed-use building.

The Tribunal approved the draft Procedural Order to govern the phased merits hearing, with the zoning by-law amendment to be heard first.

A third Case Management Conference was scheduled to finalize the Issues List.

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.

The Ontario Land Tribunal held a case management conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on applications for Official Plan and Zoning By-law amendments to permit 48-storey and 59-storey mixed-use buildings.

The Tribunal issued a Procedural Order and Issues List on consent, scheduling a 10-day video hearing to commence on February 6, 2024.

The City of Mississauga brought a motion to dismiss Dunpar Homes' appeal of the City's Parkland Conveyance By-law without a hearing, arguing the notice of appeal failed to set out sufficient objections and reasons as required by s. 42(4.9) of the Planning Act.

Dunpar argued that an earlier draft of its appeal letter was inadvertently filed electronically, but that it still contained sufficient planning grounds, and that a correct hard copy was also served.

The Tribunal dismissed the City's motion, finding that the electronic notice of appeal provided a sufficient 'originating core' of planning grounds, specifically that the by-law failed to conform with provincial and municipal policies, and that the appeal should not be dismissed on an overly technical basis.

The applicants appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for an 80-storey mixed-use development.

Prior to the hearing, the parties reached a settlement for a revised 250-metre high development that conserves existing heritage buildings.

The Tribunal accepted uncontroverted planning evidence that the revised proposal is consistent with provincial policies and conforms to the City's Official Plan.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle, contingent on the satisfaction of several pre-requisite conditions, and dismissed the Official Plan Amendment appeal as it was no longer required.

The Bayview Woods Neighbourhood Association (BWNA) brought a motion to adjourn a scheduled hearing regarding official plan and zoning by-law amendments for a proposed development.

BWNA argued that late disclosure of revised plans resulting from a settlement between the appellant, the City, and the conservation authority prejudiced their ability to prepare.

The Tribunal dismissed the motion, finding that BWNA had sufficient time to review the materials and prepare its evidence, and that granting the adjournment would unreasonably delay the proceedings and frustrate the settlement process.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Timbertrin (Guildwood) GP Inc. against the City of Toronto's failure to make a decision on a zoning by-law amendment application for four mixed-use buildings.

The parties reported productive settlement discussions and requested the scheduling of a further Case Management Conference and a 10-day hearing.

The Tribunal scheduled the requested dates.

The appellants appealed the City of Toronto Committee of Adjustment's approval of minor variances to facilitate the development of a three-storey, 10-unit apartment building.

Prior to the hearing, the parties reached a settlement that included revisions to the proposal, such as reduced height, increased setbacks, and enhanced privacy screening and landscaping.

Based on uncontroverted expert planning evidence, the Tribunal found that the revised proposal represented gentle intensification, met the four tests under section 45(1) of the Planning Act, and was consistent with provincial policies.

The appeal was allowed in part to authorize the amended variances subject to conditions.

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

The application seeks to increase the height of an under-construction mixed-use building by 9 storeys.

The Tribunal granted party status on consent to several adjacent property owners and local residents' associations.

A second Case Management Conference was scheduled to finalize the procedural order and issues list.

The applicant appealed the City's failure to make a decision on a Zoning By-law amendment application to permit a 26-storey rental apartment building.

Prior to the merit hearing, the parties reached a settlement for a revised 22-storey building.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good planning.

The appeal was allowed in part, with the final order withheld pending the satisfaction of several conditions.

The appellants appealed the Town's enactment of a comprehensive zoning by-law.

At a case management conference, the parties advised that they were continuing settlement discussions and that a related appeal, which had been adjourned sine die, would impact the present matter.

The Tribunal found that further processing of the appeals was premature and ordered the parties to provide a status update within 90 days.

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 development with 26- and 30-storey towers on a shared podium.

At a settlement hearing, the Tribunal heard uncontroverted expert planning evidence supporting the revised proposal.

The Tribunal found the amendments consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Regional Official Plan, and City Official Plan.

The appeals were allowed in part, with the Official Plan Amendment approved and the Zoning By-law Amendment approved in principle, subject to finalization.

The applicant appealed the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 41-storey mixed-use building near the Kipling Transit Hub.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and 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, including infrastructure and servicing requirements, are satisfied.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

The Tribunal granted party status to a new property owner, noted the withdrawal of one appeal, and scheduled a third Case Management Conference to allow the parties to finalize the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 545 Eglinton LP Inc. against the City of Toronto's refusal of an Official Plan Amendment and neglect to decide on a Zoning By-law Amendment for a 21-storey residential building.

Akelius Ltd. was granted party status on consent.

The Tribunal directed the parties to refine their issues list and scheduled a further one-day Case Management Conference to finalize the Procedural Order.