Eileen Costello

The Tribunal held a first Case Management Conference regarding appeals by Signature Hill Corporation for the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 40-storey residential building.

The Tribunal granted participant status to two requestors.

A request for party status by a neighbouring property owner was deferred, with the Tribunal directing the requestor to bring a formal motion to clarify the specific reasons for seeking party status.

A motion hearing was scheduled, which may be converted to a second CMC if the issues are resolved.

The appellant appealed a decision of the City of Toronto Committee of Adjustment approving minor variances with conditions for a 3-storey addition to an existing 1-storey commercial building.

The appellant objected to a condition requiring opaque privacy screening on west-facing decks.

The parties agreed to modified conditions utilizing metal mesh railings and planter boxes to mitigate overlook.

The Tribunal accepted uncontested expert planning evidence that the variances, subject to the modified conditions, met the four tests under the Planning Act.

The appeal was allowed and the variances were authorized.

The Tribunal convened a second Case Management Conference regarding appeals by 2600546 Ontario Inc. against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a 21-storey mixed-use building.

The Tribunal granted participant status to three individuals and approved the final Procedural Order and Issues List to govern the upcoming 10-day hearing on the merits scheduled for May 2025.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by SLH Lakeshore Inc. concerning the City of Toronto's failure to make a decision on zoning by-law amendment and site plan control applications.

The applications propose a mixed-use development with two residential towers.

The order sets out the schedule for the exchange of evidence, witness statements, and other pre-hearing requirements leading up to an 8-day video hearing scheduled to commence on May 26, 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Forty-Six Spadina Ave.

Limited and Capitol Buildings Properties Inc. against the City of Toronto for failing to make decisions on Official Plan, Zoning By-law, and Site Plan applications within statutory timelines.

The Tribunal granted party status to Shell Canada and participant status to Haishan Qian on consent.

An eight-day hearing on the merits was scheduled for September 2025, and the parties were directed to submit a finalized Procedural Order and Issues List by April 2025.

The applicant appealed the City of Vaughan's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use redevelopment.

At the second Case Management Conference, the parties agreed to evaluate a possible resolution through mediation and requested a 20-day hearing.

The Tribunal scheduled the hearing for October 2025 and issued a Procedural Order to govern the proceedings.

The appellants appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment, as well as the refusal of a Heritage Permit Application, to permit an 85-storey mixed-use building at Yonge and Gerrard Streets.

The Tribunal dismissed the appeals, finding that the subject site is too small to accommodate the proposed tall building.

The Tribunal concluded that the proposed tower setbacks and separation distances would result in unacceptable impacts on privacy, sky view, and daylighting for adjacent properties, including the existing Chelsea Hotel.

Furthermore, the proposed loading and servicing configuration, which relied on a turntable and a new driveway access, presented unresolved operational challenges and would negatively impact the public realm.

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 Official Plan and Zoning By-law Amendment applications for a proposed three-tower development.

On consent of the parties, the Tribunal amended the procedural order to extend the deadline for the applicant to submit revised proposals and documents to January 6, 2025.

A revised procedural order was issued, setting the hearing to commence on May 14, 2025.

At the first Case Management Conference for appeals against the City of Toronto's adoption of Official Plan Amendment 716 (Downsview Secondary Plan), the Tribunal granted party status to two entities on consent.

The Tribunal directed that OPA 716 is in force and effect as of August 9, 2024, for lands not subject to the appeals.

A second Case Management Conference was scheduled to allow the parties to further scope the issues and finalize the Procedural Order.

The appellant appealed the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 21-storey mixed-use building.

At the first Case Management Conference, the Tribunal considered requests for party and participant status.

The Tribunal deferred a party status request from a planner pending the submission of an issues list, denied a party status request from a union representative for failing to articulate planning issues, and granted participant status to fourteen individuals and entities.

A second Case Management Conference and a 10-day merit hearing were scheduled.

The appellant appealed the City of Toronto's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan Control to facilitate a 31-storey mixed-use redevelopment incorporating heritage attributes.

Prior to the hearing, the parties reached a settlement resulting in revised plans.

Based on uncontested expert planning and urban design evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the Official Plan.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle subject to final conditions, and adjourned the Site Plan appeal sine die pending finalization of conditions.

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 Toronto's failure to make a decision on its Zoning By-law Amendment and Site Plan applications for a mixed-use development at 673 Warden Avenue.

The parties reached a settlement for a 27-storey building with 314 residential units and ground-floor commercial space.

The Tribunal accepted uncontroverted expert planning evidence that the settlement proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The Tribunal allowed the zoning appeal in part, approving the amendment in principle subject to conditions, and adjourned the site plan appeal sine die.

The Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Zoning By-law No. 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The City requested additional time to continue discussions with the appellants to scope issues and explore potential settlements.

The Tribunal directed the City to file a revised draft Procedural Order by December 2024, scheduled a third Case Management Conference for July 2025, and set a 10-day hearing for October 2025.

The Ontario Land Tribunal held a first Case Management Conference concerning appeals by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications propose a mixed-use development with three residential towers.

The Tribunal issued a Procedural Order and scheduled a seven-day merit hearing for May 2025.

The applicant appealed the City of Vaughan's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision within the statutory timeframe.

The proposed development includes eight mixed-use buildings ranging from 6 to 60 storeys, containing 3,000 residential units and commercial space.

At the Case Management Conference, the Tribunal granted party status to several adjacent property owners and businesses, and participant status to local ratepayers and property owners.

A second Case Management Conference was scheduled for September 18, 2024.

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 first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.

At a second Case Management Conference regarding an appeal for the municipality's failure to make a decision on a zoning by-law amendment application, the parties advised they were close to a settlement.

The parties requested a three-day merit hearing be scheduled in the fall of 2024 out of an abundance of caution, pending a decision on a neighbouring property's application.

The Tribunal granted the request and scheduled the merit hearing for September 2024.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to and including a 15-day hearing scheduled to commence on February 10, 2025.

The hearing concerns appeals by the applicant regarding the City's failure to make a decision on a Zoning By-law Amendment and failure to approve a Site Plan Control application for a mixed-use development.