Donya Yarahmadi

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit additional height and density in an approved mixed-use development.

The Tribunal granted participant status to an area resident and scheduled a second Case Management Conference for February 7, 2025, directing the parties to provide a draft Procedural Order beforehand.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Cambridge's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed high-rise development.

The Tribunal scheduled a 20-day merit hearing to commence in September 2025 and a pre-hearing status telephone conference call for June 2025.

The applicant appealed the City's failure to make a decision on official plan and zoning by-law amendment applications for a proposed mixed-use high-rise development.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Waterloo and Air Liquide Canada Inc. The Tribunal declined the applicant's request to link Air Liquide's party status to disclosure obligations, directing that disclosure issues be addressed separately.

A second Case Management Conference was scheduled to finalize the procedural order and address any outstanding disclosure motions.

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal under section 34(11) of the Planning Act for the City of Toronto's failure to render a decision on a Zoning By-law Amendment application.

The applicant proposes a 29-storey residential building.

The Tribunal scheduled a 10-day hearing on the merits for March 2025 and approved the finalized Procedural Order and Issues List.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make a decision on Official Plan and Zoning By-law Amendment applications within the statutory timeframes.

The applications seek to facilitate a 29-storey mixed-use building.

The parties submitted a draft Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming merit hearing.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

The applicant appealed the City of Markham'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.

The parties reached a settlement proposing three tower elements on two podiums with up to 1,250 residential units.

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

The appeals were allowed and the planning instruments were approved.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments for a 29-storey mixed-use building.

The Tribunal granted participant status to three local residents and scheduled a second Case Management Conference and a five-day hearing on the merits.

The appellants appealed the City of Toronto's approval of a Zoning By-law Amendment permitting a mixed-use development with two residential towers (37 and 42 storeys) and a daycare facility.

The appellants argued the development would cause traffic issues, the daycare was inappropriately located, and the built form would unduly limit the redevelopment potential of their adjacent properties.

The Tribunal preferred the evidence of the applicant's experts, finding the proposed vehicular access, parking, and loading were adequate, and the appellants failed to demonstrate how the development would limit their as-of-right uses.

The Tribunal concluded the proposal was consistent with the Provincial Policy Statement and conformed to the Growth Plan and Official Plan, dismissing the appeal.

The appellant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development with three high-rise towers.

At the second Case Management Conference, the Tribunal was advised that the appellant and the City had reached a settlement.

Another party requested more time to review the settlement materials, and the City required time to finalize the planning instruments.

The Tribunal scheduled a further Case Management Conference to present the settlement or schedule a hearing date.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The appellants appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments to permit high-rise mixed-use developments at 399-415 Yonge Street.

Following Tribunal-led mediation, the parties reached a settlement endorsed by City Council.

The Tribunal allowed the appeals in part to give effect to the settlement, finding that the revised proposals, including traffic and servicing improvements, represented good planning.

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.