Denise Baker

At a Case Management Conference, the Ontario Land Tribunal ordered that two appeals regarding the Town of Oakville's failure to grant final site plan approval for warehouse developments be heard together.

The Tribunal granted participant status to a local residents' association and issued a Procedural Order scheduling a 10-day video hearing for January 2025.

The parties attended a telephone conference call to provide a progress update on the implementation of a previously approved settlement regarding a proposed 7-storey mixed-use residential building.

The Tribunal granted a three-month extension to January 17, 2025, to allow the Town of Aurora sufficient time to review the updated Transportation Impact Study and Functional Servicing Report and for the parties to submit the final form of the Official Plan Amendment and Zoning By-law Amendment.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development consisting of two residential towers.

The parties reached a settlement modifying the proposal to include 864 units, increased park area, and adjusted building heights.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies, in conformity with applicable official plans, and representative of good planning.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant regarding the municipality's failure to adopt a requested official plan amendment and zoning by-law amendment.

The applications seek to permit the development of six industrial warehouse buildings.

The procedural order sets out the organization of the hearing, requirements before the hearing, key dates, parties, participants, and the consolidated issues list.

The City of Hamilton brought a motion for partial approval of two city-wide zoning by-laws (ZBL 051 and ZBL 052) to bring the unappealed portions into force, specifically excluding provisions related to electric vehicle parking standards which remain under appeal.

The Tribunal granted the motion on consent, finding the unappealed portions consistent with provincial policy and good land use planning.

The Tribunal also addressed an oral motion to dismiss appeals filed by a self-represented individual, finding that those appeals had already been withdrawn, but noting they would have been dismissed regardless for failing to disclose any apparent land use planning grounds.

This decision arises from a Case Management Conference regarding appeals by the Building Industry and Land Development Association and Sionito Community Development Corporation against an education development charge by-law enacted by the Toronto Catholic District School Board.

The Tribunal struck two issues from the draft issues list that were strictly legal argument, tightened the language of other issues, and scheduled a five-day phased hearing for the appeals.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by the appellant concerning the municipality's failure to adopt requested official plan and zoning by-law amendments.

The amendments seek to permit a mixed-use development consisting of two residential towers on a podium.

The order sets out the issues list, order of evidence, and key dates leading up to a 10-day video hearing scheduled to commence on October 28, 2024.

The Tribunal held a Case Management Conference regarding appeals by the applicants concerning the City of Toronto's failure to make a decision on a site plan approval application for a proposed residential development.

The Tribunal approved a revised draft Procedural Order and Issues List and scheduled a one-day video hearing for October 2, 2024.

The appellant appealed the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed 95-unit townhouse development.

At the sixth Case Management Conference, the parties advised that discussions were ongoing and requested a one-day settlement hearing.

The Tribunal scheduled the settlement hearing for October 17, 2024, noting that if site plan and subdivision applications are not resolved, the second half of the hearing will convert to a Case Management Conference for those matters.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Regional Municipality of Durham's Development Charges By-law No. 42-2023.

The Tribunal approved a finalized Procedural Order and Issues List, scheduled a 20-day merit hearing to commence in February 2025, and granted a request to change the status of Fieldgate Developments and Umiak Investments Limited from Party to Participant.

The applicant appealed the City of Cambridge's failure to decide a site plan application, failure to issue a demolition permit, and the adoption of a by-law designating the subject property under the Ontario Heritage Act.

At the first Case Management Conference, the Tribunal was informed of a pending fourth appeal regarding a minor variance and scheduled Tribunal-assisted mediation.

The Tribunal directed that a second CMC be held to allow the fourth appeal to catch up and to receive an update on mediation, rather than setting dates for a merit hearing.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its previous decision issued on June 18, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal replaced Attachment 1 in its entirety.

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

This decision arises from a Case Management Conference regarding multiple appeals of Official Plan Amendment No. 59 adopted by the County of Middlesex.

The Tribunal approved a draft Procedural Order submitted on consent by the parties.

The Tribunal scheduled a 14-day hearing for phase one issues and a 5-day hearing for phase two issues, and directed the parties to participate in Tribunal-led mediation.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for appeals brought by Losani Homes (1998) Ltd. regarding the City of Hamilton's failure to adopt requested official plan and zoning by-law amendments.

The amendments seek to permit 986 residential units within four apartment buildings and two commercial buildings.

The 14-day hearing is scheduled to commence on April 22, 2025.

The applicant brought a motion for directions regarding a third-party appeal of a zoning by-law amendment to permit a retirement home.

The applicant argued that the appeal was deemed dismissed under the newly enacted Bill 185 transitionary provisions of the Planning Act, as a merit hearing was not ordered to be scheduled prior to the April 10, 2024 cutoff date.

The Tribunal found that while dates were canvassed at a case management conference on April 4, 2024, a formal order scheduling the hearing was not issued until April 18, 2024.

Consequently, the Tribunal determined the appeal was deemed dismissed by operation of law and could not continue.

The appellants appealed the adoption of Official Plan Amendment 11 (OPA 11) by the County of Grey, which prescribed policies for future growth.

The appeals specifically concerned the identification of Future Secondary Plan Areas.

The parties reached a settlement and jointly proposed modifications to OPA 11.

Based on the uncontested expert planning evidence, the Tribunal found that the revised OPA 11 had regard to matters of provincial interest, was consistent with the Provincial Policy Statement, and represented good land use planning.

The Tribunal allowed the appeals in part and approved OPA 11 as modified.

At a Case Management Conference regarding an appeal of a Zoning By-law Amendment to permit a retirement home, the applicant challenged the validity of the appeal under s. 34(19) of the Planning Act.

The applicant argued the appellant corporation was incorporated after the council decision and did not make prior submissions.

The Tribunal directed the applicant to bring a formal motion to determine the validity of the appeal and set a schedule for motion materials and a hearing date.

The appellant appealed the Committee of Adjustment's decision denying a minor variance to reduce the minimum parking ratio for a proposed mixed-use development.

The appellant also sought variances for increased building height.

The Town did not oppose the appeal.

Based on the uncontroverted expert evidence in land use planning and transportation engineering, the Tribunal found that the requested variances met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized.

Profile (TT) Inc. and Profile Developments Inc. appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate a residential development.

The parties reached a settlement revising the proposal to a single 4-storey apartment block with 51 units.

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

The appeals were allowed in part on an interim basis, with the final order withheld pending submission of the final amendment instruments.

The applicant appealed the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a stacked townhouse development.

The parties reached a settlement for a revised proposal of 22 units in three four-storey townhouse blocks.

Based on uncontested expert planning evidence, the Tribunal found the revised applications consistent with provincial policies and good land use planning.

The appeals were allowed in part to give effect to the settlement.