D. Elmadany

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for the municipality's failure to make decisions on Official Plan and Zoning By-law amendment applications for a 24-storey mixed-use building.

The Tribunal granted party status to eight entities, including two hospitals who raised concerns about emergency air ambulance helicopter operations.

A second Case Management Conference was scheduled, and the parties were directed to submit a draft Procedural Order and Issues List.

The City of Toronto brought a motion to settle two appeals regarding its adoption of the Sherway Area Secondary Plan and Official Plan Amendment 469 (OPA 469).

The settlement proposed minor modifications to Policy 5.9A to clarify the application of mitigation measures for sensitive land uses near major transportation facilities.

Based on uncontradicted expert planning evidence, the Tribunal found the modifications represented good planning, were consistent with provincial policies, and satisfied legislative tests.

The Tribunal approved the settlement and allowed the appeals in part to bring the agreed-upon portions of OPA 469 into force.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to facilitate a 14-storey mixed-use development.

Prior to the hearing, the parties reached a settlement on a revised proposal that reduced the building height, increased setbacks, and preserved an existing heritage building.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and the municipal official plan.

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

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on zoning by-law amendment and site plan approval applications for a 48-storey mixed-use building.

The Tribunal granted participant status to a neighbouring property owner.

The parties agreed to proceed with the zoning by-law appeal first, scheduling a 10-day video hearing, while adjourning the site plan appeal sine die pending the outcome.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Mattamy (Eglinton) Limited against the City of Toronto's failure to make a decision on a proposed Plan of Subdivision.

The Tribunal granted party status to Canadian Tire Real Estate Limited, IPEX Inc., and Metro Ontario Real Estate Limited, noting they satisfied the legislative tests and were already parties to related Official Plan and Zoning By-law appeals.

A second Case Management Conference was scheduled for October 3, 2023.

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

At the second Case Management Conference, the parties advised the Tribunal that they were finalizing settlement documents.

The Tribunal scheduled a further Case Management Conference to be converted to a Settlement Hearing.

The appellant sought minor variances to legalize the conversion of a semi-detached dwelling into a 19-room rooming house with a separate rear dwelling unit, which had been constructed without building permits.

The City supported the application on affordable housing grounds, while local residents opposed it due to illegal construction, safety concerns, and overdevelopment.

The Toronto Local Appeal Body dismissed the appeal, finding the appellant had engaged in an intentional subversion of the planning process and failed to provide a truthful factual foundation.

The Tribunal held that a proposal of this magnitude should be addressed through a zoning by-law amendment rather than a minor variance.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments for a 14-storey mixed-use development.

The Tribunal granted participant status to six individuals without objection from the parties.

A second Case Management Conference was scheduled for May 26, 2023, to allow the City time to receive instructions from City Council before setting a hearing date.

The Ontario Land Tribunal convened a settlement hearing for two site-specific appeals of the City of Toronto's Official Plan Amendment 231 (OPA 231).

The Tribunal deferred the settlement motion for Amexon Realty Inc. regarding 701-703 Evans Avenue due to insufficient notice to parties regarding related modifications to OPA 469.

The Tribunal approved the settlement motion for 2130254 Ontario Inc. regarding 51 Manstor Road, redesignating the lands from Core Employment Areas to General Employment Areas, finding the modification represented good planning and was consistent with provincial policies.

At a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 469, the Tribunal approved consent proposals from the parties.

The proposals included scoping Cadillac Fairview's appeal, adjourning certain motions, and significantly reducing the scheduled hearing time from 46 days to 13 days.

The Tribunal issued orders bringing certain parts of OPA 469 into force and effect, and revised the Procedural Order accordingly.

The City of Toronto brought a motion seeking party status in an appeal regarding minor variances for a property converted into a rooming house.

The City also sought to file late evidence, admit the appellant's revised plans, and quash summonses for two witnesses.

The appellant supported the motion, while other parties opposed it but proposed a contingent timetable.

The Tribunal granted the City party status, admitted the revised plans, established a timetable for document disclosure, and quashed the summonses.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 355 Adelaide Nominee Inc. against the City of Toronto's failure to make decisions on zoning by-law amendment and site plan approval applications for a 48-storey mixed-use building.

The Tribunal granted party status to DevGreat Inc. and participant status to several individuals on consent.

A second Case Management Conference was scheduled to address remaining procedural matters, including a deferred participant status request and the potential consolidation of the appeals.

A Case Management Conference was held regarding 81 appeals against the City of Toronto's By-law No. 1111-2017, which designated the King-Spadina Heritage Conservation District.

The Tribunal approved the draft Procedural Order and scheduled a 25-day hearing on the merits to commence on January 15, 2024.

A further Case Management Conference was scheduled for September 13, 2023, to provide a status update.

The Ontario Land Tribunal issued an amending decision to correct typographical errors in its previous decision dated April 28, 2022.

The amendments added Canadian Tire Real Estate Limited as a party and corrected the spelling of a counsel's name from Calvin Lance to Calvin Lantz.

The Ontario Land Tribunal issued an amending decision to correct technical and typographical errors in a Replacement Decision and Order dated April 7, 2022.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal deleted and replaced the Title of Proceeding and the Appearances section.

In all other respects, the original Replacement Decision and Order remains unchanged.

At a Case Management Conference regarding appeals of Official Plan Amendment No. 499 (Golden Mile Secondary Plan), the appellant 1941 Eglinton East Holdings Inc. brought a motion to schedule a hearing to determine the appropriate land use designation for its lands.

The City opposed the motion, arguing it was premature and that a motion regarding the Tribunal's jurisdiction should be heard first.

The Tribunal granted the appellant's motion, finding it in the public interest to provisionally schedule the hearing pending the outcome of the City's jurisdictional motion, as doing so would offer the best opportunity for a fair, just, and expeditious resolution.

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

The Tribunal scheduled a three-day hearing to address the remaining outstanding issues raised by a neighboring property owner and issued a Procedural Order to govern the proceedings.

The applicant appealed the municipality's failure to make a decision on a Zoning By-law Amendment application to permit a nine-storey institutional building.

Following Tribunal-led mediation, the parties reached a settlement involving reduced height, revised massing, and heritage considerations.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the municipality's Official Plan.

The Tribunal allowed the appeal in part, approved the draft Zoning By-law Amendment in principle, and adjourned the related Site Plan appeal sine die.

The applicant appealed the City's failure to adopt a requested official plan amendment to permit the modernization of an existing industrial operation and add residential and retail uses.

At a case management conference, two adjoining landowners and the school board requested party status, citing common issues related to a proposed road and the Golden Mile Secondary Plan.

As there was no opposition, the Tribunal granted party status to all three requesters and directed the parties to produce an issues list.