David Bronskill

The applicant appealed the Committee of Adjustment's refusal of minor variances to permit the renovation and partial reconstruction of the Regent Theatre with a three-storey rear addition.

The Tribunal found that the property maintained a legal non-conforming use as a live theatre.

The Tribunal also found that the proposed variances met the four tests under s. 45(1) of the Planning Act, as they maintained the general intent and purpose of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The appeal was allowed and the variances were authorized subject to conditions.

The Ontario Land Tribunal held a case management conference regarding multiple appeals against the City of Toronto's Official Plan Amendment No. 588 and By-law No. 1144-2022, which concern alternative parkland dedication rates.

The City requested consolidation of the appeals.

The Tribunal determined that the site-specific appeals of the OPA are distinguishable from the general appeals of the by-law, and ordered that the matters be heard together but not consolidated.

The Tribunal directed the City to provide a written status report by December 20, 2024, as the parties await a provincial regulation related to section 42 of the Planning Act.

Crystal Homes brought a motion to dismiss the Credit Valley Residents Association's appeal of an Official Plan Amendment and Zoning By-law Amendment without a hearing.

The Tribunal found that the appeal disclosed no apparent land use planning grounds, was frivolous, and had no reasonable prospect of success, as the relevant by-laws were already in effect and not properly appealed.

The appellant's representative supported the motion.

The Tribunal granted the motion and dismissed the appeal against the Crystal Homes site.

The appellant appealed the City of Toronto's refusal of Official Plan and Zoning By-Law Amendments to permit a mixed-use development at 1366 Yonge Street.

Following mediation, the parties reached a settlement for a revised 49-storey building.

Participants objected to the loss of existing medical office uses.

The Tribunal accepted uncontested expert planning evidence that the revised proposal, which includes live-work units and a right of first return for a medical lab, represents good planning, is consistent with provincial policies, and conforms to the Official Plan.

The appeals were allowed in part on an interim basis, with final approval withheld pending satisfaction of conditions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by European Bakery Supply Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a two-tower mixed-use development.

The Tribunal granted party status to three entities (Royce, Campont, and PSKRA) and participant status to one unincorporated community group (Garden).

A 10-day hearing was scheduled for May 2025, and the parties were directed to finalize the Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Application for a proposed 23-storey mixed-use building.

Prior to the hearing, the parties reached a settlement reducing the building height to 16 storeys and making other design modifications.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with provincial policies and the Official Plan.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle while withholding the final order pending the fulfillment of engineering and servicing conditions.

At a Case Management Conference, the Ontario Land Tribunal considered requests to consolidate site-specific zoning and subdivision appeals with ongoing Official Plan Amendment appeals concerning lands in the Town of Oakville.

The Tribunal granted the consolidation request on consent of the parties.

The Tribunal also directed the parties to proceed to Tribunal-assisted mediation and scheduled a further Case Management Conference for December 2024, along with a four-week merit hearing in June and July 2025.

The Ontario Land Tribunal held a 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 35-storey residential building.

The Tribunal issued a procedural order on consent, setting the hearing dates, procedural steps, and the issues list for the upcoming 10-day video hearing.

The Tribunal convened a Case Management Conference regarding appeals 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 prescribed timeframe.

The parties reached a settlement through alternative dispute resolution.

The Tribunal adjourned the matter pending a formal request from the parties to schedule a written settlement hearing.

The appellant appealed the City's approval of an Official Plan Amendment and Zoning By-law Amendment to permit a 12-storey mixed-use building.

At the settlement hearing, the appellant did not appear but provided written support for the settlement.

The Tribunal accepted the uncontroverted expert planning evidence that the revised instruments were consistent with provincial policy, conformed to the Growth Plan and Official Plan, and represented good planning.

The appeals were dismissed and the amendments approved.

This was the second Case Management Conference for an appeal of a Zoning By-law Amendment to permit a 35-storey residential building in Toronto.

The Tribunal granted Participant status to two individuals and scheduled a 10-day Merit Hearing to commence on March 10, 2025.

The parties were directed to submit a revised draft Procedural Order.

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 24-storey mixed-use building.

At the fourth case management conference, the parties requested that the matter proceed directly to a 10-day merit hearing.

The Tribunal scheduled the hearing for March 2025 and set deadlines for the filing of a procedural order, issues list, and hearing plan.

The applicant appealed the City of Toronto's failure to make a decision on applications for a zoning by-law amendment and site plan approval to permit a 33-storey mixed-use building.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the proceedings leading up to a 10-day hearing scheduled to commence on May 26, 2025.

The applicant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 29-storey mixed-use building.

At a settlement hearing, the Tribunal considered uncontested expert planning evidence supporting the revised proposal.

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 appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit an 8-storey residential addition above an existing church.

At a settlement hearing, the Tribunal accepted uncontested expert evidence in land use planning and heritage conservation that the revised proposal represents appropriate intensification, respects the heritage resource, and conforms to applicable provincial and municipal planning policies.

The appeals were allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions, including the finalization of the planning instruments and a Heritage Easement Agreement.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated June 7, 2024.

The amendment corrected the overall height of the proposed 91-storey mixed-use building from 338.3 m to 328.4 m.

In all other respects, the original decision remains unchanged.

The appellants appealed the approval of Official Plan Amendment 49 and Official Plan Amendment 56 concerning the Resort Village of Minett.

The parties reached a settlement on all issues except for the maximum percentage of Resort-Related Residential Dwelling Units permitted on the RC3 lands.

The appellants argued for a 50% maximum based on previous permissions, while the municipalities supported a 30% maximum.

The Tribunal dismissed the appeal, finding that Official Plans are not static and the 30% permission was appropriate and justified through a fulsome public consultation process.

The OPAs were approved in principle on an interim basis.

The appellant appealed the City of Brampton's refusal of Official Plan and Zoning By-law Amendment applications to permit the development of two multi-storey residential apartment buildings.

Prior to the hearing, the appellant submitted a revised proposal reducing the height of the north building from 14 to 10 storeys and making other design changes.

The Tribunal found that the revised proposal, subject to a 2.5-metre stepback on the north building, was consistent with the Provincial Policy Statement, conformed to the Growth Plan and local official plans, and represented good planning.

The Tribunal allowed the appeals in part on an interim basis, withholding its final order until the final form of the zoning by-law is submitted and the Region of Peel approves an updated functional servicing report.

At a third Case Management Conference regarding appeals for a proposed 60-storey mixed-use development at 295 Jarvis Street, the Tribunal considered a late request for party status from a tenant of the subject property.

Given extenuating circumstances and the consent of the parties, the Tribunal granted the tenant party status.

The Tribunal also scheduled a hearing in writing to consider a settlement agreement reached between the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.