David Bronskill

The Ontario Land Tribunal held a Case Management Conference regarding appeals from the City of Mississauga's failure to make a decision on Official Plan and Zoning By-law Amendment applications for an 11-storey mixed-use building.

The Tribunal granted participant status to two neighbours on consent, directed the parties to finalize the draft Procedural Order and Issues List, and scheduled an 8-day hearing for October 2023.

This was the first Case Management Conference regarding an appeal by the applicant from the failure of the City of Toronto to adopt an Official Plan amendment and make a decision on Zoning By-law amendments to permit a 28-storey mixed-use building.

The Tribunal granted conditional party status to a community association and participant status to one individual.

The City was directed to provide its Issues List, and a second Case Management Conference was scheduled.

A Case Management Conference was held regarding appeals of the City of Toronto's Official Plan Amendment No. 183 and the Historic Yonge Street Heritage Conservation District.

The Tribunal scheduled a further CMC for July 2023 to allow the City to finalize a revised HCD plan and for parties to scope issues.

The Tribunal declined to schedule a merits hearing, finding it premature.

A request by a new property owner to assume a withdrawn appeal was deferred, with a scheduled motion date vacated on consent of the parties.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a comprehensive mixed-use redevelopment at 1900 Eglinton Avenue East.

At a settlement hearing, the Tribunal considered a proposed settlement between the applicant and the City, supported by uncontested expert planning evidence.

The Tribunal found that the proposed settlement, which includes 12 new residential and mixed-use buildings, public parkland, and affordable housing, represents good planning, is consistent with provincial policy, and conforms to the City's Official Plan.

The appeals were allowed in part to implement the settlement.

The Tribunal held a second Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 558, which revises housing affordability definitions.

The Tribunal granted Non-Appellant Party status to the Regent Park Neighbourhood Association and ACORN Canada, and Participant status to Walied Khogali Ali.

The Tribunal also set deadlines for scoping site-specific issues, updating the Procedural Order, and scheduled a third Case Management Conference for January 20, 2023.

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

The parties reached a settlement that includes new public streets, parks, and a mix of residential and non-residential uses.

The Tribunal accepted uncontested expert planning evidence that the proposed settlement is consistent with provincial policy, conforms to the Growth Plan and City Official Plan, and represents good planning.

The appeals were allowed in part to approve the amending instruments.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Future Delight Investment Ltd. against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Control Application for a mixed-use development.

The Tribunal scheduled a seven-day hearing on the merits to commence on January 9, 2023, and approved the Procedural Order to govern the hearing.

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

At a case management conference, the Tribunal granted party status to the Region of Halton, Conservation Halton, Presidio Construction Limited, and Sofina Foods Inc. The Tribunal also approved a draft Procedural Order and scheduled a three-week hearing on the merits.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by the applicant regarding the respondent's failure to make a decision on requested official plan and zoning by-law amendments for the property at 3377 Bayview Avenue.

The order establishes the hearing dates, procedural deadlines, list of parties and participants, and the consolidated issues list.

The Tribunal held a Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 558, which introduces new definitions and criteria for affordable housing.

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

A procedural order was directed to be prepared, and dates were set for a second Case Management Conference and a 10-day merits hearing.

The City of Toronto brought a motion for partial approval of Official Plan Amendment No. 469 (the Sherway Area Secondary Plan) following a partial settlement with several appellants.

The Tribunal approved the motion, bringing unappealed portions of the OPA into force and approving specific modifications on a plan-wide basis, while preserving site-specific and precinct-specific appeals for future adjudication.

The Tribunal also scheduled a further Case Management Conference and a seven-week hearing for the remaining appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by GF 580 The East Mall Ltd. against the City of Toronto for failing to make a decision on a Zoning By-law Amendment application.

The amendment seeks to permit a new 26-storey rental apartment building.

The Tribunal granted participant status to two individuals, reviewed the draft Procedural Order, and scheduled a second Case Management Conference for February 2023 and a five-day merits hearing for May 2023.

The applicant appealed the City of Hamilton's failure to make a decision on a Site Plan application for a mixed-use student residence development.

Prior to the hearing, the parties reached a settlement agreement.

Based on the uncontradicted expert planning evidence, the Tribunal found that the proposed Site Plan and associated conditions satisfied all legislative tests under the Planning Act, conformed with applicable municipal and provincial policies, and represented good land use planning.

The Tribunal approved the Site Plan in principle, subject to the agreed-upon conditions.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal regarding a zoning by-law amendment application for a 644-unit mixed-use development in the City of Toronto.

The order sets out the hearing dates, issues list, and procedural deadlines for the exchange of evidence and witness statements.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Dundeal 212 King LP, 214 King Holdings Limited, and 220 KSW LP against the City of Toronto's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment.

The applications propose an 80-storey mixed-use building with 569 purpose-built rental units at 212-220 King Street West.

The Tribunal issued a Procedural Order on consent, setting a 10-day video hearing to commence on April 24, 2023, and establishing the issues list and procedural dates.

The Ontario Land Tribunal held a Case Management Conference regarding appeals from the City of Toronto's Committee of Adjustment approval of a minor variance application for a proposed three-storey apartment building.

The Tribunal granted participant status to the Deer Park Residents Group on consent.

The parties agreed to adjourn a related site plan appeal until the minor variance appeals are resolved.

The Tribunal approved the final Procedural Order and Issues List and scheduled a five-day video hearing for the merits of the appeals.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a 54-storey mixed-use building.

The parties reached a settlement prior to the hearing.

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

The Tribunal allowed the appeal in part and approved the Zoning By-law Amendment in principle, withholding its final order until the City confirms all conditions, including a Section 37 agreement, are satisfied.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant under s. 34(11) of the Planning Act due to the municipality's failure to make a decision on a zoning by-law amendment application.

The amendment is sought to permit a two-building, 644-unit mixed-use development.

The Tribunal scheduled a 10-day video hearing and directed the parties to submit a revised Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a residential redevelopment.

At the first Case Management Conference, the Tribunal granted party status to the Eglinton Park Residents' Association, with the option to assign it to a newly forming coalition once incorporated.

The Tribunal also scheduled a 10-day hearing on the merits and directed the parties to finalize a procedural order.

The appellant appealed the Town's failure to make a decision on a proposed plan of subdivision within the statutory timeframe.

During the initial hearing dates, the parties engaged in settlement discussions, reached an Agreed Statement of Facts, and narrowed the issues.

The Tribunal directed the submission of a final Procedural Order and Issues List and scheduled a four-day hearing on the merits.