David Chung Kiu Tang

The Ontario Land Tribunal conducted a case management conference to address multiple appeals of the City of Vaughan's Comprehensive Zoning By-law 001-2021 and Transitional By-law 039-2022.

The Tribunal heard and approved several settlement motions on consent, which corrected mapping errors and recognized site-specific exceptions for various properties.

Based on uncontested expert planning evidence, the Tribunal found the amendments consistent with provincial policies and good planning.

The Tribunal also issued an order under section 34(31) of the Planning Act deeming the un-appealed portions of the Comprehensive Zoning By-law to be in force.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Brampton's adoption of Official Plan Amendment 206-210 (Heritage Heights Secondary Plan).

The Tribunal granted non-appellant party status to the Credit Valley Conservation Authority and the Regional Municipality of Peel, and participant status to TC Energy.

The Tribunal also established a schedule for the parties to finalize a Consolidated Issues List and a draft Procedural Order, and scheduled a second Case Management Conference for March 23, 2023.

Multiple appeals were filed regarding the Yonge Steeles Corridor Secondary Plan (YSCSP) and related site-specific zoning and subdivision applications in the City of Vaughan.

Following extensive study and settlements among the parties, the Tribunal approved modifications to the YSCSP that facilitate a transition from low-density, automobile-oriented commercial uses to a high-density, transit-supportive, mixed-use community.

The approved plan directs the tallest buildings to the Yonge-Steeles intersection, incorporates new street networks, and requires substantial linear parkland.

The Tribunal found the modified YSCSP consistent with the Provincial Policy Statement and in conformity with the Growth Plan and Regional Official Plan.

Two specific policies regarding parking and holding provisions, along with site-specific zoning and subdivision appeals, were deferred to a subsequent hearing phase.

The City of Toronto brought a motion for partial approval of Official Plan Amendment No. 469 (the Sherway Area Secondary Plan) following a partial settlement with several appellants.

The Tribunal approved the motion, bringing unappealed portions of the OPA into force and approving specific modifications on a plan-wide basis, while preserving site-specific and precinct-specific appeals for future adjudication.

The Tribunal also scheduled a further Case Management Conference and a seven-week hearing for the remaining appeals.

The Ontario Land Tribunal conducted a Case Management Conference regarding numerous appeals of the City of Vaughan's Comprehensive Zoning By-law No. 001-2021 and Transitional By-law No. 039-2022.

The Tribunal granted party status to several entities, consolidated the proceedings for both by-laws, and set deadlines for filing comments.

Additionally, the Tribunal approved a settlement regarding the property at 4603 and 4611 Highway 7, amending the zoning by-law to correct site-specific development standards based on uncontested planning evidence.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 45-storey residential tower.

At the first Case Management Conference, the Tribunal granted party status to the Diocese and the Clinic on consent.

The parties expressed interest in Tribunal-led mediation.

The Tribunal directed the preparation of a revised draft Procedural Order and scheduled a second Case Management Conference, declining to set a 25-day hearing on the merits at this stage.

The Tribunal held a Case Management Conference regarding appeals against a site-specific Zoning By-law Amendment and Official Plan Amendment to facilitate the expansion of a metal fabrication facility.

The Tribunal consolidated the appeals, granted party status to the County of Simcoe on consent, and adjourned the Applicant's Motion to Dismiss to a later date due to health-related issues for one counsel.

Directions were also given for the preparation of a draft Procedural Order.

A Case Management Conference was held regarding multiple appeals of the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on topic-specific and site-specific appeals, noting ongoing settlement discussions and the impact of a new parking by-law.

The Tribunal scheduled a one-day settlement hearing for the University of Toronto appeal and a further Case Management Conference to address the status of the draft By-law.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The Ontario Land Tribunal held a first Case Management Conference regarding 39 appeals of the City of Toronto's Official Plan Amendment No. 525 and associated zoning by-law amendments, which adopted a new secondary plan for the King-Parliament area.

The Tribunal addressed administrative matters including the withdrawal of certain appeals, the substitution of new property owners for existing appeals, and the splitting of an appeal.

The Tribunal also granted party status to two landowners.

A second Case Management Conference was scheduled for May 19, 2022, to establish a Procedural Order and issues list, and to allow parties time for mediation and settlement discussions.

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 mixed-use redevelopment on the northern portion of the Dufferin Mall site.

The parties reached a settlement that expanded the Official Plan Amendment to establish a comprehensive planning framework for the entire property.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal conformed to the Official Plan and represented good planning.

The appeals were allowed in part, and the amendments were approved in principle, 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 a zoning by-law amendment application to permit a 39-storey residential tower and a new church at 40-44 Broadway Avenue.

At a settlement hearing, the Tribunal heard uncontroverted expert planning evidence supporting the revised proposal.

The Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good land use planning.

The appeal was allowed in part, with the final order withheld pending the fulfillment of conditions.

The Ontario Land Tribunal held a first Case Management Conference for multiple appeals against the City of Toronto's adoption of Official Plan Amendment 469, the Sherway Area Secondary Plan.

The parties indicated a desire to pursue mediation and requested a second CMC to report on settlement efforts.

The Tribunal scheduled a second CMC and directed the appellants to provide draft issues lists and a draft procedural order in advance.

A property owner brought a motion to dismiss a municipal appeal concerning a property standards order requiring stairwell guard and handrail modifications.

The moving party argued the matter had already been adjudicated in earlier litigation involving the same property and substantially identical compliance issues.

The court held that strict issue estoppel did not apply because the municipality had amended the relevant by-law after the earlier judgment, creating a technically new legislative framework.

However, the court found that allowing the appeal to proceed would constitute an abuse of process because the factual and evidentiary issues were identical to those previously tried and would result in duplicative litigation and wasted judicial resources.

The motion was granted and the municipality’s appeal was dismissed.