David Bronskill

A Case Management Conference was held regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 54-storey residential building.

Adjacent landowners requested status, which the Tribunal deferred to the next CMC pending the provision of draft Issues Lists.

The parties indicated ongoing settlement discussions and requested a further CMC in June 2022 to allow City Council to provide instructions.

The Tribunal scheduled the next CMC and directed the filing of a draft Procedural Order and Issues List.

At a Case Management Conference regarding an appeal of a development permit for an on-farm diversified use, the Applicant requested party status.

The Hearing Office granted the request on consent, finding the Applicant had a genuine and direct interest in the proceeding.

The parties also discussed the identification of issues and the scheduling of the hearing, resulting in procedural directions and a scheduled hearing date.

A second Case Management Conference was held regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed mid-rise development.

The Tribunal approved the draft Procedural Order submitted by the parties and scheduled a nine-day video hearing.

The Local Planning Appeal Tribunal issued a procedural order on consent for the hearing of appeals by 738489 Ontario Limited regarding the City of Toronto's failure to make a decision on a zoning by-law amendment and site plan application for a mixed-use development.

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

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal against the municipality's failure to make a decision on a zoning by-law amendment application.

The application seeks to permit a 21-storey residential rental building.

The Tribunal scheduled an 8-day hearing and directed the parties to submit an updated Procedural Order with a scoped Issues List, noting the parties' intention to seek Tribunal-led mediation.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Calloway REIT (1900 Eglinton) Inc. for the City of Toronto's failure to render decisions on official plan and zoning by-law amendment applications.

The Tribunal added Yorkreal Holdings Inc., Toronto District School Board, Toronto Lands Corporation, and Bell Canada as parties to the zoning by-law appeal.

A further Case Management Conference was scheduled to finalize the Issues List and Procedural Order.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 59-storey mixed-use development.

The parties submitted a request to approve a revised Procedural Order on consent.

The Tribunal approved the revised Procedural Order to govern the procedures leading up to the eight-day hearing scheduled to commence on March 30, 2022.

The applicant appealed the City of Hamilton's failure to make a decision on a zoning by-law amendment application to permit a student residence development.

The parties reached a settlement.

The Tribunal allowed the appeal in part, finding that the proposed development, which includes 10 and 15-storey buildings with student residences and accessory commercial uses, is consistent with the Provincial Policy Statement, conforms to the Growth Plan and local official plans, and represents good land use planning.

A Case Management Conference was held regarding appeals by Burlington 71 Plains Inc. against the City of Burlington's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed mixed-use development.

The Tribunal granted party status to the Regional Municipality of Halton Hills and participant status to Tom Muir.

The parties were directed to prepare a revised draft Procedural Order and Issues List, and a further Case Management Conference was scheduled for February 15, 2022.

Calloway REIT brought a motion to dismiss appeals filed by 70 Taunton Storage GP Corporation against an Official Plan Amendment and Zoning By-law Amendment that permitted a commercial self-storage facility on Calloway's lands.

The appellant argued the applications failed to provide for intersite connectivity and an easement between their adjacent properties.

The Tribunal found that the appeals did not disclose any genuine land use planning grounds, as a previous Tribunal decision between the same parties had already determined that the issue of an easement and intersite connectivity should be addressed at the Site Plan Approval stage, not the zoning stage.

The motion to dismiss was granted without a hearing, and no costs were awarded.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal by the applicant regarding the City of Toronto's failure to adopt a requested Official Plan Amendment for the property at 1960 Eglinton Avenue East.

The order sets out the schedule of events, the list of parties, and the consolidated issues list for the 15-day hearing scheduled to commence on December 5, 2022.

The parties requested a further Case Management Conference (CMC) to address details of phasing and outstanding matters in the Procedural Order regarding appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted the request and scheduled a further CMC for February 24, 2022.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's refusal to amend the Official Plan and Zoning By-law to permit an infill residential development.

The Tribunal noted that the applicant, the City, and the Toronto and Region Conservation Authority had reached a partial settlement.

The Tribunal issued a Procedural Order and scheduled a three-day hearing to address the remaining contested issues between the applicant and an added party.

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 mixed-use development at 2400-2444 Yonge Street.

Following mediation, the parties reached a settlement for a revised proposal featuring 27-storey and 21-storey residential towers, a commercial podium incorporating heritage facades, and a new public park.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good land use planning.

The Tribunal allowed the appeals in part, approving the planning instruments in principle, and withheld its final order pending the satisfaction of conditions imposed by City Council.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 28-storey residential building.

Following a public hearing, the Ontario Land Tribunal issued a procedural order on consent of the parties.

The order establishes the organization of the hearing, pre-hearing requirements, and the final issues list.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a proposed five-storey residential rental building.

The applicant requested additional time to complete a resubmission aimed at resolving the City's concerns.

With the City's consent, the Tribunal scheduled a subsequent Case Management Conference for March 2022 and directed the parties to file a Procedural Order and Issues List.

The appellant appealed the municipality's failure to make a decision on a zoning by-law amendment application to permit a student residence development.

The parties initially requested a written hearing to present a settlement, but after an 11-month delay in resolving a final issue, the Tribunal converted the matter to a settlement hearing by telephone conference call.

The Tribunal directed the parties to file their settlement materials and planning affidavits in advance of the newly scheduled hearing.

The Tribunal held a settlement hearing regarding appeals of the City of Toronto's Official Plan Amendment No. 453, which introduces policies and definitions for dwelling rooms to protect affordable housing.

The City and the University of Toronto reached a settlement, and other appellants scoped their appeals to be site-specific.

Based on uncontroverted expert planning evidence, the Tribunal approved OPA 453, finding it consistent with provincial policies and the City's Official Plan, while withholding the order for specific properties subject to ongoing site-specific appeals.

Whitewall Property Corporation was also granted non-appellant party status.

The City of Toronto adopted Official Plan Amendment No. 453 (OPA 453) to introduce policies regarding dwelling rooms, affordable housing, and tenant relocation.

Several parties appealed the amendment.

Prior to the hearing, the City and the University of Toronto reached a settlement, and the remaining appellants scoped their appeals to be site-specific.

Based on uncontroverted expert planning evidence, the Tribunal found that the amended OPA 453 is consistent with provincial policies and maintains the intent of the City's Official Plan.

The Tribunal approved OPA 453, except for two site-specific appeals which remain ongoing.

The Tribunal held a Case Management Conference regarding appeals of the City of Toronto's refusal to amend the Official Plan and Zoning By-law to permit an infill residential development.

The parties advised that a settlement in principle had been reached between the applicant, the City, and the TRCA, but issues remained with an added party.

The Tribunal established a timetable for the circulation of settlement materials and scheduled a further Case Management Conference to finalize the procedural order and hearing dates.