David Bronskill

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the appellant against the City of Toronto's designation by-law, which designated the subject property as having cultural heritage value.

The Tribunal granted Party status to the adjacent property owner and Participant status to a local community group.

The Tribunal also directed the parties to finalize the Procedural Order and Issues List and scheduled a three-day merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 17 Elm GP Inc. against the City of Toronto for failing to make decisions on Zoning By-law Amendment and Site Plan Approval applications within statutory timeframes.

The Tribunal granted party status to Toronto Community Housing Corporation, Westerkirk Capital Inc., and The Hospital for Sick Children, and participant status to TSCC2920.

The Tribunal directed the parties to finalize a Procedural Order and Issues List and scheduled a 10-day merit hearing to commence by video on January 13, 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding three appeals related to an Official Plan Amendment and Zoning By-law Amendment for a proposed residential development in the City of Brampton.

The Tribunal granted party status to several entities with interests in the subject lands.

The Tribunal deferred its decision on whether to hear the three appeals together, directing the appellants to refine and scope their issues lists prior to a second Case Management Conference.

The Ontario Land Tribunal held a first Case Management Conference regarding three appeals related to Official Plan Amendment 254 and site-specific zoning by-law amendments in the City of Brampton.

The Tribunal granted party status to several entities and deferred the decision on whether to hear the appeals together to a second CMC, directing the parties to refine their issues lists and propose a hearing structure.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The Tribunal convened a first Case Management Conference for appeals by Markham Suites Hotel Limited against the City of Markham for failing to make decisions on Official Plan and Zoning By-law Amendment applications within statutory timeframes.

The proposed development consists of five high-rise residential towers and a public park.

The Tribunal granted party status to York Region Standard Condominium Corporation No. 1122 and participant status to Aryeh Construction Limited and the Unionville Residents Association.

A 10-day merit hearing was scheduled for December 2024.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated November 16, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to include the missing case number OLT-22-002999 in the title of proceedings.

In all other respects, the original decision remains the same.

At a Case Management Conference regarding a proposed amendment to the Niagara Escarpment Plan, the Hearing Office considered the status of 21 objectors who triggered the hearing.

Interpreting the Niagara Escarpment Planning and Development Act, the Hearing Office determined that the hearing is in the nature of a public inquiry and that objectors are 'interested persons' entitled to question witnesses.

Consequently, all objectors were granted Party status.

The Hearing Office also granted Added Party status to two other entities and issued procedural directions for the preparation of a draft Procedural Order and Issues List.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto for failing to make decisions on Zoning By-law Amendment and Site Plan Control applications for a 23-storey mixed-use building.

The Tribunal granted party status to a neighbourhood association and participant status to three individuals.

Other party status requests were deferred to a second Case Management Conference scheduled for April 25, 2024.

The parties were directed to submit a draft Procedural Order and Issues List prior to the next conference.

The applicant brought a motion to dismiss the appellant's zoning by-law amendment appeal without a hearing.

At the commencement of the case management conference, the presiding Member recused himself due to a recent professional relationship with the appellant's land use planner.

The motion and case management conference were adjourned to be heard by a different Member.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development with four buildings.

The parties reached a settlement proposing 1,029 residential units, retail space, and new public streets adjacent to the Guildwood GO Transit Station.

Based on uncontroverted expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and in the public interest.

The appeal was allowed in part, and the draft Zoning By-law Amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions.

This was the first Case Management Conference regarding an appeal by the applicant from the City's failure to make a decision on a minor variance application to permit the renovation and partial reconstruction of an existing theatre.

The Tribunal granted party status to a local residents' association and participant status to several individuals and another association.

The Tribunal also administratively consolidated a related site plan approval appeal with the minor variance appeal, adjourning the former sine die.

A second Case Management Conference and a five-day merit hearing were scheduled.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings leading up to and including a 21-day hearing scheduled to commence on June 3, 2024.

The hearing concerns appeals of the City of Toronto's Proposed Official Plan Amendment No. 183 and By-law No. 235-2-16, which designates the Historic Yonge Street Heritage Conservation District and Plan.

The applicant appealed the City of Toronto's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit a 24-storey mixed-use building.

The parties reached a settlement.

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

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of conditions.

The applicant appealed the City of Toronto's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit two 14-storey mixed-use buildings.

The parties reached a settlement proposal, which the City Council approved in principle.

The Tribunal reviewed the settlement, supported by uncontroverted expert planning evidence, and found it consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part and approved the settlement proposal in principle, withholding its final order pending the fulfillment of several conditions.

The City of Toronto brought a motion to consolidate four separate appeals concerning development charges under the Development Charges Act.

The appellants opposed the motion, arguing that their appeals were site-specific, at different stages of readiness, and based on different legal challenges.

The Tribunal denied the motion to consolidate, finding insufficient commonalities and concluding that combining the appeals would be prejudicial to the individual parties and inefficient.

The applicant brought a motion to dismiss the appellant residents association's appeals of official plan and zoning by-law amendments permitting an 8-storey residential building.

The appellant argued the development would block protected scenic views of Casa Loma and the downtown skyline, violate mid-rise building performance standards, and negatively impact a building with heritage value.

The Tribunal found that the specific views the appellant sought to protect were not identified in the applicable Official Plan schedule, the mid-rise guidelines were not zoning by-laws, and the Tribunal lacked jurisdiction to compel heritage designation.

Concluding the appeals lacked valid land use planning grounds and had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeals without a hearing.

This was the second Case Management Conference regarding appeals against the City of Pickering's Official Plan Amendment No. 46, which implements changes related to Bill 109.

The Tribunal reviewed a draft Procedural Order and Issues List submitted on consent, requested minor amendments including adding a party, and scheduled a two-day merit hearing for January 2025.

The Ontario Land Tribunal held a case management conference regarding appeals by 295 Jarvis LP against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 60-storey mixed-use building.

On consent, the Tribunal granted party status to the Toronto Community Housing Corporation and approved the Procedural Order and Issues List for the upcoming hearing.