Eileen Costello

At a Case Management Conference for an appeal against the municipality's approval of an Official Plan Amendment, the Tribunal granted party status to the applicant on consent.

The Tribunal also scheduled a video hearing for the applicant's motion to dismiss the appeal without a hearing.

The applicant appealed the municipality's failure to make decisions on official plan and zoning by-law amendment applications for a proposed 7-storey mixed-use residential building.

At a Case Management Conference, the Ontario Land Tribunal granted Party status to an adjacent landowner and Participant status to two individuals.

The Tribunal scheduled a further Case Management Conference to address a potential consolidation request regarding an anticipated Ontario Heritage Act appeal and to finalize the Procedural Order.

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 an 18-storey mixed-use development.

Following a case management conference, the Tribunal issued a procedural order.

The Tribunal varied the procedural order to clarify that two participants, who were granted the ability to give oral evidence, would be called as witnesses of the Tribunal pursuant to section 18 of the Ontario Land Tribunal Act.

They will testify after the evidence of all other parties but before any reply evidence from the applicant.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for a mixed-use development.

The Tribunal directed the parties to submit a final Procedural Order and Issues List by August 5, 2022, and scheduled a 10-day video hearing to commence on April 10, 2023.

This was the third Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 445.

The Tribunal granted party status to Queen Street Post Inc., noting they would shelter under the issues of other parties.

A 15-day hearing was scheduled for October and November 2023, and a Procedural Order was approved in principle.

The Tribunal held a settlement hearing regarding appeals of the City of Hamilton's Zoning By-law No. 17-240 and Urban Hamilton Official Plan Amendment No. 69.

The City and the remaining city-wide appellants, Canadian Tire Real Estate Limited and Choice Properties Real Estate Investment Trust, reached a settlement involving modifications to the commercial and mixed-use zone regulations.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications consistent with the Provincial Policy Statement and in conformity with the Growth Plan and Official Plan.

The Tribunal allowed the appeals in part to implement the settlement and deemed the unappealed portions of the By-law in force.

This was a Case Management Conference regarding an appeal under s. 34(11) of the Planning Act for a proposed 38-storey mixed-use building in Toronto.

A neighbouring landowner, 1734140 Ontario Limited, requested party status, which was opposed by the applicants but supported by the City.

The Tribunal granted party status to the neighbouring landowner, finding they had a genuine interest in the matter.

The Tribunal also provided directions and timelines for the parties to finalize the Issues List and Procedural Order, and scheduled a 10-day hearing for the merits of the appeal.

The applicant appealed the City of Toronto's failure to adopt a requested official plan and zoning by-law amendment for an 18-storey mixed-use development.

At a case management conference, the Tribunal considered several requests for party and participant status.

The Tribunal granted party status to a newly incorporated community group, South Junction Triangle Grows Inc., and granted participant status to a local resident and a condominium corporation, with the indulgence of allowing them to make oral statements at the hearing.

The hearing was scheduled for 13 days in October and November 2022.

The appellant appealed the City of Toronto's enactment of zoning by-law amendments permitting a mixed-use development at 540-544 King Street West.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found that the revised proposal and settlement are consistent with the Provincial Policy Statement, conform to the Growth Plan and the City's Official Plan, and represent good planning.

The Tribunal allowed the appeals in part to amend the zoning by-laws in accordance with the settlement.

The City of Toronto adopted Official Plan Amendment No. 453 (OPA 453) to introduce policies regarding dwelling rooms, affordable housing, and tenant relocation.

Several parties appealed the amendment.

Prior to the hearing, the City and the University of Toronto reached a settlement, and the remaining appellants scoped their appeals to be site-specific.

Based on uncontroverted expert planning evidence, the Tribunal found that the amended OPA 453 is consistent with provincial policies and maintains the intent of the City's Official Plan.

The Tribunal approved OPA 453, except for two site-specific appeals which remain ongoing.

The appellants appealed the City of Toronto's failure to make a decision on their Zoning By-law Amendment applications to permit a 38-storey residential building.

Following mediation, the parties reached a settlement for a revised 37-storey proposal that includes 19 replacement rental townhouse units and a parkland dedication.

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 Official Plan.

The Tribunal allowed the appeal in part and approved the amendments in principle, withholding its final order pending satisfaction of conditions.

Homestead Land Holdings Limited appealed the City of Kingston's failure to make a decision on site-specific official plan and zoning by-law amendments to permit two high-rise mixed-use developments on brownfield sites in the downtown North Block.

The City and Homestead subsequently reached a settlement supporting revised proposals.

The Frontenac Heritage Foundation opposed the developments, arguing they would adversely impact nearby heritage conservation districts and character areas due to their height and visual intrusion.

The Tribunal found the revised proposals compatible with the surrounding built form, consistent with the Provincial Policy Statement, and in conformity with the City's Official Plan, noting the sites were designated for major development and intensification.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City's failure to make a decision on official plan and zoning by-law amendment applications for a proposed 18-storey mixed-use development.

The Tribunal granted participant status to 16 individuals and party status to an adjacent landowner.

Decisions on six other party status requests were deferred to a second CMC to allow those individuals to review the City's forthcoming issues list.

At a case management hearing for an appeal against the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 59-storey mixed-use building, the Ontario Land Tribunal granted party status to the Bay Cloverhill Community Association Inc. The Tribunal directed the parties to collaborate and submit a draft procedural order and issues list by October 25, 2021.

This was a Case Management Conference regarding appeals against the City of Ottawa's Zoning By-Law No. 2019-353, which introduced new zoning provisions for high-rise buildings.

The Tribunal scheduled a 10-day video hearing to commence on July 11, 2022, and issued a procedural order governing the proceedings, including the finalization of the issues list and the order of evidence.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 486 (King Spadina Secondary Plan).

Four non-appellant property owners requested party status.

The Tribunal found that three owners had a direct interest and added them as parties, contingent on filing a list of issues to shelter under.

A fourth owner, who did not make submissions prior to the OPA's adoption, was also added as a party because they owned lands within the OPA area and were directly affected.

The Tribunal directed the parties to submit a final draft Procedural Order.

The Tribunal held a first Case Management Conference for an appeal by the applicant regarding the municipality's failure to make a decision on a zoning by-law amendment application for a 12-storey mixed-use building.

The Tribunal granted participant status to a local resident, scheduled a 10-day hearing on the merits for July 2022, and approved the parties' draft Procedural Order.

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by Queensway Limited Partnership against the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The application seeks to permit a 16-storey mixed-use residential building at 933-935 The Queensway.

The order sets out the organization of the hearing, requirements before the hearing, and the issues list.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal by Dufcen Construction Inc. regarding the City of Vaughan's failure to adopt a requested official plan amendment and zoning by-law amendment.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties, and the consolidated issues list.

This was the first Case Management Conference regarding an appeal of the City of Toronto's non-decision on a zoning by-law amendment application to permit a 35-storey residential building.

The Tribunal granted party status to three adjacent property owners and the Toronto District School Board.

The Tribunal also directed the parties to finalize a Procedural Order and Issues List, and scheduled dates for a status hearing and a 20-day hearing on the merits.