David Bronskill

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 50-storey residential building.

The parties advised that a settlement had been reached between the applicants and the City, though Metrolinx remained a party due to imminent expropriation of the subject lands.

The Tribunal scheduled a five-day contested settlement hearing and approved the Procedural Order to guide the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Nipigon Investments Inc. and Nipigon Property Limited against the City of Toronto's failure to make decisions on Official Plan, Zoning By-law, and Site Plan applications for a 50-storey residential building.

The parties advised that a settlement had been reached between the applicants and the City, though Metrolinx was not a party to the settlement.

The Tribunal scheduled a five-day contested settlement hearing and approved the final Procedural Order to guide the future proceedings.

The moving parties sought an order directing the Region of York to re-issue a notice of decision regarding an Official Plan Amendment, arguing the original notice sent via email to their planning consultant's former employee was defective.

The Tribunal dismissed the motion, finding that the Region fulfilled its obligations under s. 17(35) of the Planning Act and O. Reg. 543/06 by sending the notice via email to the individual who had submitted the written request for notice on behalf of the consulting firm.

The Tribunal held that the legislation permits email service and does not require the approval authority to confirm receipt or provide notice to parties who participated in the public process but did not submit a written request.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Sheppard Lamont Limited Partnership against the City of Toronto's refusal of Official Plan and Zoning By-law Amendment applications for a 46-storey building.

The Tribunal granted participant status to two individuals on consent of the parties.

A seven-day merit hearing was scheduled for April 2025, and the Tribunal approved the draft Procedural Order submitted by the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by CSG Yonge Manor Limited and CSG Hillsdale Limited against the City of Toronto's refusal of official plan and zoning by-law amendments for a 29-storey mixed-use redevelopment.

The Tribunal granted party status to Amskor Corporation and participant status to Miso Choi and Jeff Latto.

A second Case Management Conference was scheduled to establish a Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding 16 appeals against the newly adopted 2023 City of Brampton Official Plan.

The Tribunal granted party status to five requesting entities, including conservation authorities and railway companies, finding they had a direct interest.

The Tribunal deferred the issue of consolidating the appeals with a related Major Transit Station Area case to a subsequent joint CMC, and established a schedule for the appellants to provide modification letters to the City.

A Case Management Conference was held regarding appeals by Delta Joint Ventures Inc. concerning a proposed 975-unit residential development and adaptive reuse of a former secondary school in Hamilton.

The parties informed the Tribunal that a settlement offer had been accepted by City Council.

The Tribunal ordered the consolidation of the appeals and scheduled a one-day settlement hearing for October 22, 2024.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by the applicant regarding the City of Toronto's refusal of a zoning by-law amendment application for a 35-storey residential building.

The order establishes the issues list, hearing dates, and procedural deadlines for the 14-day hearing scheduled to commence on February 3, 2025.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by ABC Eglinton LP due to the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 19-storey mixed-use development.

The Tribunal granted party status to an adjacent property owner, approved several participant requests, and scheduled a second Case Management Conference and a 10-day hearing on the merits.

The appellant filed appeals regarding the City of Toronto's failure to make a decision on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications for a 71-storey residential mixed-use building.

At the second Case Management Conference, the parties advised that they were engaged in productive mediation.

The Tribunal directed the parties to provide a status update and a Draft Procedural Order and Issues List by March 28, 2025, without scheduling further hearing dates at this time.

The Ontario Land Tribunal held a third Case Management Conference regarding proposed Amendment No. PC 225 22 to the Niagara Escarpment Plan, which would amend agricultural policies to allow for on-farm diversified uses and agricultural-related uses outside of prime agricultural areas.

The Tribunal granted party status to Michael and Mark Krapez and Regal Point Elk Farm without objection.

The Tribunal scheduled a 15-day video hearing commencing on March 24, 2025, and approved the Procedural Order to govern the conduct of the proceeding.

The appellants appealed the City of Richmond Hill's Community Benefits Charge By-law No. 99-22, raising concerns about the definitions of 'Value of Land' and 'Development' and the application of the charge to existing buildings and phased developments.

Following the enactment of Bill 23, which amended section 37 of the Planning Act, the parties reached a settlement and modified the By-law to conform with the new legislation.

The Tribunal accepted uncontroverted expert evidence in land economics and land use planning, finding that the modified By-law complies with the Planning Act, is consistent with provincial policies, and represents good planning.

The appeals were allowed in part to amend the By-law accordingly.

The appellant appealed the City of Markham's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a high-rise residential building.

Following mediation, the parties reached a settlement for a 44-storey building with 553 units.

Based on uncontested expert planning evidence, the Tribunal found the revised applications consistent with provincial policy, in conformity with applicable plans, and representative of good planning.

The appeals were allowed in part to implement the settlement, with final approval of the instruments withheld pending finalization.

The moving party sought to quash the respondent's application for judicial review and motion for leave to appeal an Ontario Land Tribunal decision.

The moving party argued the proceedings were moot due to recent legislative amendments to the Planning Act under Bill 185.

The court dismissed the motion to quash, finding the moving party failed to meet the high threshold of showing the proceedings were manifestly devoid of merit, leaving the statutory interpretation and mootness issues to be decided by the panel hearing the merits.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City's refusal of a Zoning By-law Amendment application for a 35-storey residential building.

The Tribunal scheduled a 14-day merit hearing to commence on February 3, 2025, and directed the parties to submit a finalized draft Procedural Order and Issues List.

The Tribunal convened a second Case Management Conference regarding an appeal by the applicant under section 34(11) of the Planning Act, following the municipality's failure to make a decision on a Zoning By-law Amendment application for a 12-storey mixed-use building.

The Tribunal approved the draft Procedural Order and scheduled a seven-day merits hearing to commence by video on January 28, 2025.

A first Case Management Conference was held regarding appeals of the Regional Municipality of York's decision to approve Official Plan Amendment No. 18.6 to the City of Richmond Hill's Official Plan.

The Tribunal confirmed the validity of one appeal filed by email on the final day of the statutory period.

The Tribunal granted participant status to a local resident and party status to several corporate entities.

A motion was scheduled to determine whether the Region properly provided the Notice of Decision to two entities seeking appellant status, considering legislative changes under Bill 23 and Bill 185 that shifted approval authority from the Region to the City.

A second Case Management Conference was scheduled to further refine the issues.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the City of Toronto's refusal of Official Plan, Zoning By-law, and Site Plan Amendment applications for a 50-storey residential building.

The Tribunal granted party status to Metrolinx and participant status to several local residents.

A further Case Management Conference was scheduled for October 23, 2024, with a draft Procedural Order and Issues List to be submitted prior.

The Ontario Land Tribunal issued a Procedural Order on consent to govern the upcoming 10-day hearing regarding appeals of the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a 34-storey residential building containing 390 dwelling units.

The Order establishes the issues list, order of evidence, and procedural deadlines leading up to the hearing scheduled to commence on May 5, 2025.

The Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Zoning By-law No. 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The City requested additional time to continue discussions with the appellants to scope issues and explore potential settlements.

The Tribunal directed the City to file a revised draft Procedural Order by December 2024, scheduled a third Case Management Conference for July 2025, and set a 10-day hearing for October 2025.