Eileen Costello

The Ontario Land Tribunal issued a procedural order to govern a 20-day hearing scheduled to commence on October 21, 2024.

The hearing concerns appeals by 5047178 Ontario Inc. and Rosart Bucci Group regarding the City of Brantford's failure to make a decision on applications for a zoning by-law amendment and a draft plan of subdivision to permit a 141-unit townhouse development.

The applicants appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a 16-storey mixed-use building.

Prior to the hearing, the parties reached a settlement based on a revised proposal that incorporated an adjacent property and modified the building's built form.

Relying on uncontradicted expert planning 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 amendment in principle, and withheld its final order pending the satisfaction of technical conditions.

The applicants appealed the City of Toronto's non-decision regarding a zoning by-law amendment to permit a mixed-use tower.

The parties reached a settlement for a revised 46-storey tower that retains and highlights existing heritage features.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with provincial policies and conforms to the City's Official Plan.

The appeal was allowed in part on an interim basis, with final approval withheld pending the satisfaction of several conditions.

A Case Management Conference was held regarding appeals from the City of Brantford's failure to make a decision on applications for a zoning by-law amendment and a plan of subdivision.

The applicant proposed a 141-unit townhouse development on a former industrial site.

Two adjacent industrial operators, SC Johnson & Son Inc. and Hartmann Canada, requested and were granted party status, citing concerns that the proposed residential density would inhibit their manufacturing operations due to noise and traffic.

The Tribunal scheduled a 20-day hearing on the merits.

At a Case Management Conference for appeals concerning a proposed four-tower residential development and parkland dedication, the Tribunal granted party status to the Toronto and Region Conservation Authority and the ABC Residents Association.

The Tribunal denied the City's request to phase the hearing to first address threshold environmental and natural heritage issues, finding that a phased approach would not be expeditious and would likely result in duplication of evidence.

A 22-day merit hearing was scheduled and a Procedural Order was approved.

The Ontario Land Tribunal issued an order regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

Following a motion hearing, the Tribunal ordered that the Zoning By-law is deemed to come into full force and effect as of April 18, 2023, save and except for specific regulations, maps, and appendices remaining under appeal on a City-wide basis, and the entirety of the by-law as it applies to specific properties remaining under site-specific appeals.

The order also scoped the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to specific geographical areas.

This was a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law, related Official Plan updates, and residential parking requirements.

On consent of the parties, the Tribunal consolidated the Parking By-law Appeal with the Comprehensive Zoning By-law and Official Plan Amendment appeals.

The Tribunal also scheduled a settlement hearing for April 23, 2024, to address settlements reached with several appellants, and a third Case Management Conference for June 25, 2024.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application and the City's heritage designation of the subject property.

At the second Case Management Conference, the parties requested a further adjournment to continue settlement discussions, noting that City Council would be considering the matter.

The Tribunal scheduled a third Case Management Conference for June 17, 2024, to allow discussions to proceed.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings leading up to and including a 21-day hearing scheduled to commence on June 3, 2024.

The hearing concerns appeals of the City of Toronto's Proposed Official Plan Amendment No. 183 and By-law No. 235-2-16, which designates the Historic Yonge Street Heritage Conservation District and Plan.

At a second Case Management Conference regarding appeals for a zoning by-law amendment and site plan control for a proposed mixed-use development, the Tribunal granted party status to an adjacent landowner, 1956565 Ontario Inc. The Tribunal directed the parties to submit a draft Procedural Order and Issues List and scheduled a three-week merit hearing to commence in February 2025.

The appellants appealed the Region of Halton's approval of Official Plan Amendment No. 54 (the Trafalgar Secondary Plan) to the Town of Milton Official Plan.

Following negotiations, the parties reached a partial settlement regarding approximately 61 policies, leaving 16 policies unresolved.

Based on the uncontroverted expert planning evidence, the Tribunal found the resolved policies were consistent with provincial policy and represented good planning.

The Tribunal allowed the appeals in part, modifying and approving the resolved policies while withholding approval on the unresolved policies.

The City of Guelph brought a motion for directions seeking partial approval of its new Comprehensive Zoning By-law, save and except for certain sections under appeal.

The City also sought to scope the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to site-specific or area-specific appeals.

The Tribunal granted the motion, finding that the notices of appeal for both respondents only provided reasons related to specific properties and did not justify city-wide appeals.

The Tribunal deemed the unappealed portions of the By-law to be in full force and effect and ordered the respondents to scope their appeals accordingly.

The appellant appealed the City of Kawartha Lakes' failure to approve a site plan application for a six-storey, 158-unit rental apartment building.

The City and area residents raised concerns regarding urban design, building orientation, shadowing, and privacy impacts on adjacent low-density residential properties.

The Tribunal found that the proposed site plan complied with the existing zoning by-law, provided appropriate setbacks and landscaping to mitigate impacts, and conformed to the applicable official plans and provincial policies.

The appeal was allowed and the site plan was approved in principle.

The appellant appealed the City of Toronto's failure to make a decision on applications for a Zoning By-law Amendment and a Site Plan to permit a mixed-use development featuring 40-storey and 23-storey buildings.

Following mediation, the parties reached a settlement on the Zoning By-law Amendment.

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

The appeal was allowed in part on an interim basis, with the final order withheld pending the fulfillment of several conditions, including heritage conservation agreements.

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, as well as the refusal of a Heritage Permit, to permit a 20-storey student residence building.

At a settlement hearing, the Tribunal accepted uncontested expert planning evidence that the revised proposal, which incorporates an on-site heritage resource, is consistent with the Provincial Policy Statement and conforms with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part on an interim basis, approving the planning instruments in principle subject to conditions, and adjourned the heritage appeal sine die.

The applicant appealed the Town of Aurora's failure to make a decision on an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use residential building, as well as appealing a heritage designation by-law for a portion of the subject lands.

Prior to the hearing, the parties reached a settlement for a nine-storey building with 545 residential units.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and municipal plans, representing good transit-oriented development.

The Tribunal also found the property had no cultural heritage value and directed the repeal of the heritage by-law.

The appeals were allowed on an interim basis, with the final order withheld pending fulfillment of conditions.

This was the second Case Management Conference regarding appeals of Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan for the Town of Milton.

The parties advised the Tribunal of productive settlement discussions and requested a written hearing to consider a motion for partial approval of the Secondary Plan.

The Tribunal scheduled the written hearing for January 19, 2024, and a third Case Management Conference for February 26, 2024, to address further scheduling and procedural matters.

The City of Toronto brought a motion for an order approving Official Plan Amendment No. 445, as modified, following a settlement with multiple appellants.

The amendment establishes a policy framework for the West Queen West area, addressing heritage conservation, built form, and public realm enhancements.

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

The Tribunal approved the modified amendment, allowing the appeals in part, while adjourning one site-specific appeal sine die.

The applicant appealed the City of Toronto's failure to make a decision on zoning by-law amendment and site plan control applications for a proposed mixed-use development.

At the first Case Management Conference, the Tribunal granted party status on consent to an adjacent landowner, 115 Saulter South LP.

The Tribunal also granted participant status to Hydro One Networks Inc. and Tepfam Holdings Inc., with leave to renew requests for party status at the next conference.

A second Case Management Conference was scheduled.