Eileen Costello

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Draft Plan of Subdivision application for a multi-tower residential development.

The parties reached a settlement for a revised proposal comprising 870 units, including rental replacement units, a new public road, and a public park, while incorporating existing heritage facades.

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 Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle, with the final order withheld pending the satisfaction of several preconditions.

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 Ontario Land Tribunal held a second Case Management Conference regarding appeals of site plan and minor variance applications for a 3-storey commercial office building.

The parties reported that the minor variance issues were resolved and they were working towards a full settlement on the site plan.

The Tribunal scheduled a third Case Management Conference for January 2024 to facilitate a potential settlement hearing.

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 applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development with three buildings, including a 46-storey tower.

The City opposed the 46-storey height, arguing it should be reduced to 24 storeys due to shadow impacts and lack of conformity with the Official Plan.

The Tribunal found that the proposed development, including the 46-storey tower, was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and fit harmoniously within the existing and planned context.

The Tribunal held that the shadow impacts were adequately limited and approved the Zoning By-law Amendment in principle.

This was the first 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 granted party status to 2793031 Ontario Inc. on consent.

The parties advised that discussions were ongoing to scope the issues and potentially bring parts of the by-law into force.

The Tribunal scheduled a scoping motion and a second Case Management Conference, and directed the submission of a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals from a non-decision by the City of Toronto on applications for a zoning by-law amendment and site plan approval for a 33-storey mixed-use building.

The Tribunal deferred 14 participant requests to the next CMC due to a revised proposal being considered by the City.

The St. Lawrence Neighbourhood Association was granted interim party status for the purpose of resolution efforts.

A second CMC was scheduled for January 11, 2024.

This was the first Case Management Conference regarding an appeal by the applicant against the City's failure to make a decision on a Zoning By-law Amendment and Site Plan Application for a 25-storey mixed-use building.

The Tribunal granted party status on consent to two adjacent property owners.

The parties indicated ongoing settlement discussions, and a second Case Management Conference was scheduled to provide a status update on the Procedural Order and Issues List.

The City of Toronto brought a motion for directions seeking an adjournment sine die of site-specific appeals by 955 Weston and CP REIT regarding Official Plan Amendment 571 (Mount Dennis Secondary Plan).

The appellants consented to the adjournment subject to agreed terms.

The Tribunal granted the adjournment, finding it efficient and without prejudice.

A request to consolidate Trolleybus's appeal with its other site-specific appeals was deferred to a future case management conference.

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.

The applicant appealed to the Ontario Land Tribunal under s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the City's failure to make a decision on zoning by-law amendment and site plan applications.

At the first Case Management Conference, the Tribunal granted party status to three neighbourhood groups without opposition.

The Tribunal scheduled a second Case Management Conference and a three-day merit hearing, noting that the applicant and the City had reached a settlement and discussions with the other parties were ongoing.

This was the second Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 571, which adds the Mount Dennis Secondary Plan.

The Tribunal rescheduled a mediation and scheduled further CMCs to consider a potential motion by the City to adjourn related development applications.

On consent, the Tribunal granted Metrolinx party status, noting it must shelter under existing issues.

A request for party status by FortyTwo Communities Fund LP II GP Inc. was withdrawn after the City opposed it.

The appellants appealed the City of Toronto's Official Plan Amendment No. 144 and Zoning By-law No. 1170-2011.

Cobalt Developments Limited and Clair West Developments Limited reached a site-specific settlement with the City to permit an 11-storey mixed-use development on their properties along St. Clair Avenue West.

The Tribunal accepted uncontested expert planning evidence that the revised zoning by-law 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 appeal in part and approved the revised zoning by-law in principle, subject to conditions, without prejudice to the remaining appeals.

The appellant appealed the City of Toronto's failure to make decisions on zoning and site plan applications, as well as the passage of heritage designation by-laws and refusal of demolition permits for properties on Yonge Street.

The Ontario Land Tribunal held a case management conference to schedule hearing dates and address status requests.

The Tribunal granted party status to an adjacent property owner and participant status to a local resident, and scheduled a three-day hearing for the heritage designation appeals followed by a 14-day hearing for the remaining appeals.

At a third Case Management Conference regarding an appeal for an 18-storey mixed-use development, the Tribunal addressed the representation of a neighbourhood association.

The Tribunal conditionally recognized the association's representative, subject to the submission of required forms.

The Tribunal also reviewed the draft hearing work plan and excluded four proposed witnesses for the association, while permitting four others to testify subject to strict time limits for direct and cross-examination.

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 to permit a mixed-use development.

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

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The appeals were allowed in part, and the planning instruments were approved in principle, with the final order withheld pending the satisfaction of several conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

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 a site plan application and the denial of minor variances for a three-storey commercial office building.

The Tribunal granted participant status to two individuals on consent, noted the City's position of taking no position on the minor variance appeal, and scheduled a second Case Management Conference for July 19, 2023.

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 a zoning by-law amendment and its heritage designation of the subject property.

The Tribunal granted participant status to several individuals, declined to consolidate the appeals, and scheduled a second Case Management Conference for March 2023.

The Tribunal convened a second Case Management Conference regarding an appeal by the applicants against the City of Toronto for failing to make a decision on a Zoning By-law Amendment application.

The amendment seeks to permit a 16-storey mixed-use building.

The Tribunal scheduled a five-day merits hearing and approved the Procedural Order.