David Bronskill

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City of Toronto for failing to make a decision on Official Plan and Zoning By-law amendment applications within the statutory timeframe.

The parties reported ongoing discussions and noted the subject property recently received a heritage designation.

The Tribunal ordered the parties to submit a draft Procedural Order and Issues List and scheduled a third Case Management Conference.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the City of Mississauga for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 15-storey mixed-use building.

The Tribunal granted participant status to several individuals and the LCBO, noted the withdrawal of the Region of Peel as a party, and approved a Procedural Order for a 10-day video hearing scheduled to commence on October 30, 2023.

The applicant appealed the City of Burlington Committee of Adjustment's decision to deny two of fifteen requested minor variances for a proposed 18-storey mixed-use building.

The City supported the application in full at the hearing.

Based on uncontroverted expert planning evidence, the Tribunal found that the variances, which related to parking, setbacks, floor area ratio, and heritage building preservation, met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and all fifteen variances were authorized subject to the condition that the applicant obtain a Zoning Clearance Certificate and a Building Permit.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals brought by the applicants under section 34(11) of the Planning Act.

The appeals relate to the City of Toronto's failure to make a decision on zoning by-law amendment applications to permit 38-storey and 12-storey residential buildings.

The order sets out the issues list, order of evidence, and procedural dates leading up to a 12-day video hearing scheduled to commence on August 8, 2023.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

The applicants appealed the City's failure to make a decision on their Official Plan Amendment and Zoning By-law Amendment applications to facilitate a 14-storey mixed-use development.

The Tribunal held a Case Management Conference where the parties requested a second conference to allow for further discussions and the preparation of a Draft Procedural Order and Issues List.

The Tribunal scheduled a second Case Management Conference and directed the parties to submit the draft order and issues list beforehand.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant concerning the City's failure to adopt a requested official plan amendment and neglect to make a decision on a zoning by-law amendment.

The appeals relate to a proposal to construct three residential towers.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, and the issues list.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment for a mixed-use development at 1960 Eglinton Avenue East.

The parties reached a settlement and presented a revised proposal that aligns with the Golden Mile Secondary Plan.

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

The Tribunal allowed the appeal in part and approved the amendment in principle, withholding its final order pending the finalization of the amendment's form and the resolution of related appeals.

The appellant appealed the City of Oshawa's failure to make a decision on its zoning by-law amendment and plan of subdivision applications within the statutory timeframes.

The applications proposed the development of 42 townhouse units.

At the first Case Management Conference, the Tribunal granted party status to the Region of Durham and participant status to two individuals.

The parties advised that a settlement was likely and requested a two-day hearing.

The Tribunal scheduled a video hearing for July 4-5, 2023, to either consider the settlement or proceed on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's By-Law No. 1218-2022, which designated the Parkdale Main Street Heritage Conservation District.

The Tribunal granted party status to three neighbouring property owners and participant status to two community organizations on consent.

A second Case Management Conference was scheduled to allow the parties to scope issues and submit a draft Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 52-storey mixed-use building.

The Tribunal granted participant status to three entities on consent, scheduled a 10-day hearing on the merits, and approved the Procedural Order.

The Ontario Land Tribunal held Case Management Conferences regarding appeals by 7080 Yonge Limited against the City of Vaughan's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment application.

The Tribunal issued a Procedural Order on consent, setting out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence for a 15-day video hearing scheduled to commence on October 23, 2023.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated February 28, 2023.

The amendment corrected the date and GoToMeeting login information for the upcoming three-week hearing on the merits, which is now scheduled to commence on April 29, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against Official Plan Amendment 49 of the District of Muskoka and Official Plan Amendment 56 of the Township of Muskoka Lakes.

The Tribunal approved a revised Procedural Order submitted on consent and scheduled a seven-day video hearing on the merits.

This was the second Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed mixed-use development.

The parties requested additional time to continue settlement discussions.

The Tribunal scheduled a third Case Management Conference and directed the applicant to submit a revised Procedural Order and Issues List or settlement materials prior to that date.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and a Zoning By-Law Amendment to permit an 8-storey addition to an existing church building.

At the first Case Management Conference, the Tribunal granted party status to a neighbourhood coalition and participant status to two local residents.

Due to the City's imminent heritage designation of the subject property, a second Case Management Conference was scheduled to allow the parties to consider the impact on the applications and narrow the issues.

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 Ontario Land Tribunal held a Case Management Conference regarding appeals by Zonix Group Inc. against the City of Markham's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 533-unit residential development.

The Tribunal granted party status to the City of Toronto and participant status to several local residents.

A five-day video hearing was scheduled for November 2023, and the parties were directed to finalize a Procedural Order and Issues List.

The Tribunal convened a Case Management Conference regarding an appeal by Dundeal Canada (GP) Inc. against the City of Toronto for failing to make a decision on a Draft Plan of Subdivision application for a mixed-use development.

A request for party status by 191 Ashtonbee Investments Inc. was deferred, and the party was directed to submit a formal request.

A further Case Management Conference was scheduled for June 15, 2023, to update the Tribunal on settlement negotiations.