Eileen Costello

At a Case Management Conference for appeals concerning Official Plan Amendments 861 and 862, the Ontario Land Tribunal ordered the appeals to be heard together.

The Tribunal scheduled a jurisdictional motion brought by the City of Toronto to dismiss certain school board appeals.

Additionally, the Tribunal granted party status to the Confederation of Residents and Ratepayers Associations in Toronto and a local resident, and provisionally granted participant status to 103 individuals and entities, conditional on the outcome of the City's jurisdictional motion.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use residential building.

Following successful mediation, the parties presented a settlement proposing a 38-storey building with various design revisions.

Based on uncontradicted planning evidence, the Tribunal found the settlement consistent with provincial and municipal policies, representing good planning.

The appeal was allowed in part, and the draft Zoning By-law Amendment was approved in principle, with the final order withheld pending satisfaction of several conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by several school boards and a private corporation against the City of Toronto's Official Plan Amendment No. 862 and related zoning by-laws.

The instruments aim to facilitate mid-rise intensification along certain Avenues.

The appellants appealed because their lands were excluded from the redesignation.

The City indicated its intention to bring a jurisdictional motion to dismiss appeals concerning lands outside the scope of the instruments.

The Tribunal deferred several party and participant status requests until the second CMC or after the jurisdictional motion is decided, and scheduled a second CMC to coordinate with anticipated appeals of a related Official Plan Amendment (OPA 861).

The City of Brampton brought a motion for directions seeking approval of modifications to its new Official Plan to resolve multiple appeals.

The Tribunal found that the proposed modifications and unmodified policies had regard for matters of provincial interest, were consistent with the Provincial Policy Statement, and conformed to the Greenbelt Plan and the Region of Peel Official Plan.

The Tribunal granted the motion, approving the modifications and unmodified policies without prejudice to the remaining outstanding appeals.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal received status updates indicating that several site-specific appeals had been resolved, while constructive discussions continued on the remaining city-wide and site-specific appeals.

On consent of the parties, the Tribunal scheduled a second multi-day Case Management Conference for March 2026 to further organize the proceedings and establish a Procedural Order for any unresolved issues.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by Cachet Homes (Victoria) Inc. against the Township of Woolwich's Interim Control By-law No. 20-2025.

The by-law was enacted to facilitate the staging of a development plan for unallocated greenfield residential lands in Breslau.

The Tribunal scheduled a 10-day video hearing to commence on April 20, 2026, and issued a Procedural Order to govern the conduct of the proceeding.

The applicant appealed the City of Markham's refusal to adopt requested Official Plan and Zoning By-law amendments to permit a 13-storey mixed-use building.

Prior to the hearing, the parties reached a settlement for a revised 11-storey residential building.

The Tribunal accepted uncontradicted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the York Region and City of Markham Official Plans, and represents good planning.

The appeals were allowed in part to implement the settlement.

The applicant appealed to the Ontario Land Tribunal regarding applications for consent, minor variances, and site plan approval to support a multi-phased, mixed-use development.

The parties reached a settlement prior to the hearing.

The Tribunal authorized the minor variances, finding they met the four tests under the Planning Act, and granted provisional consent subject to conditions.

The site plan appeal was adjourned sine die.

Thomasfield Homes Limited and Madison brought motions for party status in an appeal by Cachet Homes against the Township of Woolwich's Interim Control By-law (ICBL).

The ICBL prohibited development within unallocated greenfield residential lands in Breslau for up to one year to allow the Township to complete a staging of development study.

The Tribunal applied the 'Oakville Factors' and found that both moving parties had direct interests in the outcome of the appeal and that their participation would serve the public interest.

The motions were granted, adding them as parties on the limited basis that the issues for the hearing be strictly restricted to the appeal of the ICBL.

The Ontario Land Tribunal issued a corrective order under Rule 24.4 of its Rules of Practice and Procedure to amend a previous Memorandum of Oral Decision and Order issued on October 17, 2025.

The correction fixed a typographical error in the spelling of counsel's name for Home Depot of Canada Inc. from Noah Jorden to Noah Gordon.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Montrin Richview GP Inc. against the City of Toronto's Committee of Adjustment.

The appeals relate to a minor variance refusal, and failures to make decisions on consent and site plan applications for a proposed multi-building, mixed-use development.

The Tribunal scheduled a two-day merit hearing and conferred participant status to the Richmond Gardens Residents and Ratepayer’s Association.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of an Interim Control By-law enacted by the Township of Woolwich.

Two entities requested party status, which the appellant opposed unless they were required to shelter under the appellant's issues.

The Tribunal scheduled a written motion to determine the party status requests and a second Case Management Conference to address subsequent procedural matters.

This was a Case Management Conference regarding appeals of the City of Brampton's Official Plan Amendment for Major Transit Station Areas and the new City Official Plan.

The Tribunal granted party status to 201 County Court Brampton Holdings Inc. on consent.

The parties reported progress in mediation and proposed a written settlement motion once a draft order is finalized.

A subsequent Case Management Conference was scheduled for March 2026 to address outstanding matters and potential consolidation of the appeals.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application to permit a 4-tower high-rise residential development on a portion of a former golf course, with the remainder dedicated as public open space.

The City and the Toronto and Region Conservation Authority opposed the development, arguing it was located in a hazardous area (erosion hazard) and would negatively impact the natural heritage system.

The Tribunal found that the development site, located on a stable paleo terrace, was safe from natural hazards and that the proposed mitigation and restoration measures would result in no net negative impact on the natural heritage system.

The Tribunal allowed the appeals in part, approving the OPA and ZBA in principle, while adjourning the Site Plan Application to allow the parties to resolve outstanding technical issues.

The applicant appealed the City of Toronto's refusal of official plan and zoning by-law amendments, as well as a site plan application and a heritage alteration permit, to permit a 28-storey mixed-use building in the Church Street Village Character Area (CSVCA).

The Tribunal dismissed the appeals, finding that the proposed tall building form was incompatible with the planned mid-rise context of the CSVCA under the North Downtown Yonge Site and Area Specific Policy (SASP 382).

The Tribunal held that the proposal failed to conform to angular plane policies, would cast unacceptable new net shadows on Barbara Hall Park, and did not represent good planning or urban design despite its location in a Major Transit Station Area.

The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court dismissed the motion and ordered the moving party to pay costs of $5,000 to the respondent municipality.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Signature Hill Corporation for an Official Plan Amendment and Zoning By-law Amendment to facilitate a 40-storey residential building in Toronto.

On consent, 280 Viewmount Limited Partnership was granted Party status.

The Tribunal scheduled a two-week merit hearing for April 2026 and approved the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 86 and Zoning By-Law Amendment No. 036-2025, which relate to employment areas.

The parties advised that they are in active settlement discussions.

The Tribunal scheduled a second Case Management Conference for October 21, 2025, to allow discussions to continue.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the hearing of appeals by the applicant regarding the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments for the property at 120 Bouchette Street.

The order sets out the hearing dates, issues list, order of evidence, and deadlines for the exchange of witness statements and other materials.

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

The parties reached a settlement, which was endorsed by City Council.

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

The appeals were allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.