David Bronskill

At a second Case Management Conference regarding appeals for a zoning by-law amendment and site plan control for a proposed mixed-use development, the Tribunal granted party status to an adjacent landowner, 1956565 Ontario Inc. The Tribunal directed the parties to submit a draft Procedural Order and Issues List and scheduled a three-week merit hearing to commence in February 2025.

The appellants appealed the Region of Halton's approval of Official Plan Amendment No. 54 (the Trafalgar Secondary Plan) to the Town of Milton Official Plan.

Following negotiations, the parties reached a partial settlement regarding approximately 61 policies, leaving 16 policies unresolved.

Based on the uncontroverted expert planning evidence, the Tribunal found the resolved policies were consistent with provincial policy and represented good planning.

The Tribunal allowed the appeals in part, modifying and approving the resolved policies while withholding approval on the unresolved policies.

This was the first Case Management Conference regarding five Official Plan Amendment appeals in the Town of Oakville.

The Tribunal granted party status to Enirox Dundas 3015 Inc., which had acquired the rights of a previous party.

The Tribunal also ordered the consolidation of the five appeals, noting they involved the same appellants, related amendments, and the same approval authority.

A second Case Management Conference was scheduled to address procedural issues and the potential consolidation of related zoning by-law and draft plan of subdivision appeals.

The appellant appealed the City of Toronto's failure to make a decision on a draft plan of subdivision application within the statutory timeframe.

At the fourth Case Management Conference, the parties reported ongoing discussions to resolve the appeal but requested a fifth conference to continue providing structure to their communication.

The Tribunal scheduled a fifth Case Management Conference and issued procedural directions requiring the City to identify outstanding issues and provide draft conditions, and the appellant to confirm if Tribunal assistance is required.

The Tribunal held a case management conference regarding appeals by the applicant against the municipality's failure to make decisions on official plan and zoning by-law amendment applications for a 975-unit residential development.

The Tribunal granted participant status to 13 local residents without objection.

A 10-day hearing on the merits was scheduled for September 2024, and a procedural order was issued to govern the proceedings.

The applicant appealed the City of Hamilton's failure to make a decision on its Official Plan and Zoning By-law Amendment applications within the statutory timelines.

The applications seek to permit a high-rise mixed-use residential development.

At the first Case Management Conference, the Tribunal approved the Procedural Order and Issues List and scheduled a 7-day hearing on the merits.

Casey House Inc. requested to remove its Participant status and be granted Party status in an appeal regarding development applications for a 58-storey residential building.

Casey House argued that an agreement between the appellant and an adjacent developer regarding setbacks would negatively impact its own property's redevelopment potential.

The Tribunal granted the request, finding that Casey House raised genuine land use planning concerns and that its inclusion as a Party was necessary to effectively adjudicate the issues without causing substantial prejudice to the other parties.

At a Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a 43-storey mixed-use development, the Tribunal granted party status to St. Michael's Hospital.

The Tribunal also approved the Procedural Order and Issues List, and scheduled a ten-day video hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The applicant appealed the City's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed residential development.

The parties reached a settlement for a revised proposal consisting of four buildings with 409 units, including 60 rental replacement units.

Based on uncontested planning evidence, the Tribunal found the revised proposal consistent with provincial policy and the Official Plan.

The appeals were allowed in part on an interim basis, with the final order withheld pending satisfaction of several conditions, including finalization of the amending instruments and securing rental housing matters.

The appellant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 66-storey mixed-use building.

The parties reached a settlement proposing a 66-storey tower with a seven-storey podium, retail uses, and a public park dedication.

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

The Tribunal allowed the appeal in part on an interim basis, approving the Zoning By-law Amendment in principle and withholding its final order pending satisfaction of conditions.

The Tribunal held a Case Management Conference regarding appeals of Official Plan Amendment No. 49 of the District of Muskoka and Official Plan Amendment No. 56 of the Township of Muskoka Lakes concerning the Resort Village of Minett.

The parties submitted an updated Procedural Order and Issues List, which the Tribunal approved.

A three-day hearing on the merits was scheduled to commence on May 15, 2024, by video conference.

The applicant appealed the City of Mississauga's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 15-storey mixed-use building with 147 rental units.

During a status update hearing, the Tribunal was advised that the proposal had been revised and discussions were positive.

The Tribunal directed the applicant to provide a draft Procedural Order and Issues List and scheduled a six-day video hearing for April 2024.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

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

The parties advised the Tribunal of productive settlement discussions and requested a written hearing to consider a motion for partial approval of the Secondary Plan.

The Tribunal scheduled the written hearing for January 19, 2024, and a third Case Management Conference for February 26, 2024, to address further scheduling and procedural matters.

This decision arises from a Case Management Conference regarding an appeal by the ABC Residents Association against the City of Toronto's approval of Official Plan and Zoning By-law amendments for a 12-storey mixed-use building.

The Tribunal granted participant status to one individual on consent, approved the draft Procedural Order and Issues List, and scheduled a five-day video hearing on the merits for July 2024.

The Tribunal held a second Case Management Conference regarding appeals by 21 Broadview Avenue Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments for a proposed 12-storey mixed-use building and 15 townhouses.

The Tribunal granted participant status to an adjacent property owner on consent, approved the updated Procedural Order, and scheduled a 10-day merit hearing to commence on June 10, 2024.

This was the second Case Management Conference regarding appeals by Jarvis & Earl Inc. and Jarvis & Earl 2 Inc. concerning a proposed 58-storey residential building in Toronto.

The parties submitted an updated Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a 10-day video hearing.

The City of Toronto brought a motion for an order approving Official Plan Amendment No. 445, as modified, following a settlement with multiple appellants.

The amendment establishes a policy framework for the West Queen West area, addressing heritage conservation, built form, and public realm enhancements.

Based on uncontroverted expert planning evidence, the Tribunal found the modified amendment consistent with provincial policies and the City's Official Plan.

The Tribunal approved the modified amendment, allowing the appeals in part, while adjourning one site-specific appeal sine die.