David Bronskill

At a Case Management Conference regarding multiple appeals of Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision in the Town of Oakville, the Tribunal granted party and participant status to several entities on consent.

The Tribunal declined a request by the appellants to consolidate the site-specific appeals and set hearing dates, finding it premature given potential upcoming legislative changes to the Planning Act.

A further Case Management Conference was scheduled.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to increase the permitted height of a mixed-use building from 85 to 94 storeys.

Prior to the hearing, the parties reached a settlement to permit a 91-storey building.

Based on uncontested planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan, noting it would provide additional housing and serve as a landmark without creating unacceptable adverse impacts.

The appeal was allowed in part and the amendments were approved in principle.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to and including a 15-day hearing scheduled to commence on February 10, 2025.

The hearing concerns appeals by the applicant regarding the City's failure to make a decision on a Zoning By-law Amendment and failure to approve a Site Plan Control application for a mixed-use development.

The Ontario Land Tribunal held a case management conference regarding appeals by Markham Suites Hotel Limited against the City of Markham's failure to adopt requested Official Plan and Zoning By-law amendments for a high-density residential mixed-use development.

On consent of the parties, the Tribunal issued a Procedural Order setting the hearing dates, procedural deadlines, and the Issues List for the upcoming 10-day hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the City's failure to make a decision on a Zoning By-law Amendment application within the statutory timeframe.

The application seeks to permit a 35-storey residential building.

The Tribunal granted Participant status to several individuals and entities, directed the parties to file a Draft Procedural Order, and scheduled a second Case Management Conference.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals from the City of Toronto's failure to make decisions on a Zoning By-law Amendment and Site Plan Application for a 23-storey mixed-use building.

The Tribunal granted party status to the Draper Street Residents Association Inc. and participant status to a local resident.

The Tribunal also scheduled a third Case Management Conference and a nine-day merit hearing for March 2025, and approved the updated draft Procedural Order and Issues List on consent of the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding various appeals of the City of Brampton's Official Plan Amendment for interim policies of Major Transit Station Areas.

The parties requested a second CMC to allow time to narrow the Issues List and prepare a draft Procedural Order.

The Tribunal scheduled a second CMC for May 30, 2024, to proceed by video.

The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment that would permit a 35-storey mixed-use building.

The applicant argued the appeal did not disclose apparent land use planning grounds under s. 34(25)1.i of the Planning Act and had no reasonable prospect of success under s. 19(1)(c) of the OLT Act.

The Tribunal dismissed the motion, finding that the appellant had successfully proven diligent pursuit of the appeal by obtaining expert land use planning evidence, thereby demonstrating the matter warrants a full merit hearing.

ABC Residents Association was also granted party status.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a four-storey residential building.

The Tribunal granted participant status to a neighbouring resident without objection.

The parties advised they would be meeting to resolve issues and the City would seek direction from City Council.

A second Case Management Conference was scheduled for July 17, 2024, with a draft Procedural Order and Issues List to be submitted beforehand.

The appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 536 (OPA 536), which relates to development within the area of influence of rail facilities.

The parties reached a full uncontested settlement and requested the Tribunal approve a modified version of OPA 536.

The Tribunal found that the modifications maintain the intent to address public safety concerns arising from derailments, provide greater certainty regarding the 30-metre area of influence, and clarify requirements for rail safety mitigation reports.

The Tribunal approved the modified OPA 536, finding it consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The City of Toronto brought a request for directions before the Ontario Land Tribunal.

The Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in the Appearances section of its previous decision issued on April 18, 2024.

The decision was amended to accurately reflect the counsel who appeared for the parties.

The Mount Pleasant Village Revival Residents Association brought a motion to bifurcate an upcoming five-day hearing regarding an appeal of a minor variance refusal.

The moving party sought to have the Tribunal first determine the issue of Acquired Development Rights and Legal Non-Conforming use before hearing the minor variances.

The Tribunal dismissed the motion, finding that bifurcating the hearing would not result in efficiency or cost savings, would require duplication of evidence, and would cause unnecessary prejudicial delay to the appellant.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal scheduled a 20-day merit hearing for March and April 2025, and a third Case Management Conference for October 2024.

The parties were directed to finalize and submit the Procedural Order and Issues List by May 31, 2024.

The Ontario Land Tribunal issued an amending decision to correct technical and typographical errors in a previous decision issued on April 22, 2024, pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

The amendments corrected a paragraph regarding an adjournment request and a toll-free telephone number.

The Tribunal convened a 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 for a 12-storey mixed-use building.

The parties requested scheduling of a second CMC and a Merit Hearing to allow for ongoing settlement discussions.

The Tribunal ordered a second CMC for September 11, 2024, and a seven-day Merit Hearing commencing January 28, 2025.

The applicant appealed the Committee of Adjustment's refusal of minor variances required to permit a 27-storey mixed-use building, which modified a previously approved 23-storey design.

The City did not oppose the appeal.

Relying on uncontested expert planning evidence, the Tribunal found that the requested variances satisfied the four tests under s. 45(1) of the Planning Act, were consistent with provincial policies, and constituted good planning.

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

The appellant appealed the City of Mississauga's failure to make decisions on official plan and zoning by-law amendment applications within the prescribed timelines.

During the merit hearing, the appellant's counsel became ill, prompting a consent request for an adjournment.

The Tribunal granted the adjournment, converted the session to a case management conference, and scheduled five days for the continuation of the hearing.

The City of Toronto brought a motion to adjourn sine die the site-specific appeal of Del Boca Vista Properties Inc. regarding Official Plan Amendment No. 573.

The appellant consented to the adjournment on the proposed terms, which would allow its site-specific development application process to unfold and avoid a multiplicity of proceedings.

The Tribunal granted the motion and adjourned the appeal sine die subject to the agreed terms.

The applicant sought to schedule a motion for leave to appeal and an application for judicial review from a summary dismissal by the Ontario Land Tribunal.

The applicant requested that the leave motion, appeal, and judicial review be heard together by a single panel, relying on the recent Supreme Court decision in Yatar.

The court ordered that the motion for leave to appeal be heard first by a single judge, to respect the legislative deference implicit in the leave requirement, with the judicial review and potential appeal to follow if leave is granted.

The City of Markham brought a motion to adjourn a scheduled 12-day merit hearing regarding appeals for non-decisions on Official Plan and Zoning By-law amendments.

The City argued the hearing was premature pending the completion of the Yonge Corridor Secondary Plan.

The Applicant opposed the adjournment, arguing it would cause prejudicial delay and violate the Clergy Principle.

The Tribunal dismissed the motion, finding that the City had sufficient guidance to assess the applications, and that the prejudice of delay and the need for procedural fairness outweighed the City's concerns.