Evan Barz

The Tribunal convened a first Case Management Conference regarding appeals under the Planning Act and the Niagara Escarpment Planning and Development Act for a proposed 75-lot residential subdivision.

The Tribunal granted party status to the Regional Municipality of Peel.

A request to consolidate the appeals was deferred to a subsequent motion hearing.

The Tribunal scheduled a second Case Management Conference and a 14-day merit hearing, and approved the Procedural Order and Issues List.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and site plan control for a residential subdivision.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a five-day merit hearing.

Following a default judgment in favour of the plaintiffs, the court issued a supplementary endorsement addressing HST, pre-judgment interest, and costs.

The court clarified the application of HST to specific damage amounts and awarded pre-judgment interest at the contractual rate of 3% over prime for disposal and restoration costs, as these fell under the definition of 'Additional Rent' in the lease.

The plaintiffs were awarded costs of $31,385.41 on a substantial indemnity basis pursuant to the lease agreement.

The plaintiffs, commercial landlords, sought default judgment against the defendant tenant for breach of a commercial lease due to unpaid rent.

The defendant was noted in default.

The court granted partial damages for rental arrears, past and future lost rent for a re-let portion of the premises, and costs for property removal and leasehold improvements.

However, the court declined to award future lost rent for the un-relet portion of the premises, finding insufficient evidence regarding actual rental value and reasonable mitigation efforts.

The balance of the claim for future damages was directed to a separate assessment trial.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a townhouse and seniors' campus development.

At the Case Management Conference, the Tribunal granted party status to the Region of Peel and participant status to two individuals.

A second Case Management Conference was scheduled to allow the parties to provide updates following an upcoming municipal council meeting.

This was the second Case Management Conference regarding appeals by the applicant for the municipality's failure to make a decision on revised applications for a Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan Control to permit a 136-unit residential subdivision.

The Tribunal reserved its decision on a party status request by an adjacent landowner seeking reimbursement for servicing costs, directing the parties to continue discussions.

The Tribunal also directed the parties to prepare a draft Procedural Order and Issues List, and to address whether the 2014 or 2020 Provincial Policy Statement applies to the revised applications.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a mixed-use building.

The parties reached a settlement for a revised 16-storey proposal.

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

The appeals were allowed in part, with the final order withheld pending the satisfaction of technical conditions.

The City of Kawartha Lakes brought a motion for partial approval of Phase 4 appeals concerning Official Plan Amendments 13 and 16, which implement the Lindsay Secondary Plan.

The parties reached a settlement on the proposed policy and mapping modifications.

The Tribunal accepted uncontroverted expert planning evidence that the modifications are consistent with the Provincial Policy Statement and represent good planning.

To avoid potential policy conflicts between the new Secondary Plan and the existing Town of Lindsay Official Plan, the Tribunal ordered that its final approval be withheld until the Minister formally repeals the existing plan.

A Case Management Conference was held regarding appeals by the applicant against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law, and a site plan application, to permit a 25-storey mixed-use building.

The Tribunal granted party status to two neighbouring property owners and participant status to five individuals.

A procedural order was approved and a 10-day hearing was scheduled to commence on June 12, 2023.

The Ontario Land Tribunal held a Case Management Conference and issued a procedural order regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing on consent to allow parties to finalize settlements, scheduled a further Case Management Conference for the remaining Official Plan appeals, and approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing on consent to allow parties to finalize settlements and refine remaining issues.

The Tribunal also scheduled a further Case Management Conference for the remaining Vaughan Official Plan appeals and approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a Case Management Conference and hearing regarding multiple appeals of the City of Vaughan's Official Plan, Zoning By-law Amendments, and Plans of Subdivision.

The Tribunal granted an adjournment of the Phase 3 hearing for the Yonge-Steeles Corridor Secondary Plan appeals to allow parties to finalize settlements.

A further Case Management Conference was scheduled for the remaining 2010 Vaughan Official Plan appeals.

The Tribunal also approved an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals, scheduling a potential Phase 2 hearing depending on the outcome of Phase 1.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the Vaughan Official Plan, and various site-specific development applications.

The Tribunal scheduled further hearing dates, established procedural directions for the exchange of materials, and set out an altered hearing plan for specific appeals.

The Ontario Land Tribunal held a case management conference regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the Vaughan Official Plan, and various site-specific zoning and subdivision applications.

The Tribunal adjourned the Phase 3 hearing on consent to allow parties to finalize settlements and scheduled a further hearing for March 2023.

Additional dates were set for the remaining Vaughan Official Plan appeals and the Solmar Inc./Eastwood Holdings Corp. appeals, with directions provided for video hearing participation.

The Ontario Land Tribunal held a Case Management Conference and hearing regarding multiple appeals related to the Yonge-Steeles Corridor Secondary Plan, the 2010 Vaughan Official Plan, and various site-specific development applications.

The Tribunal granted an adjournment of the Phase 3 hearing for the Yonge-Steeles Corridor Secondary Plan appeals to allow parties to finalize settlements.

The Tribunal also scheduled a further Case Management Conference for the remaining Vaughan Official Plan appeals and agreed to an altered hearing plan for the Solmar Inc. and Eastwood Holdings Corp. appeals.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the City of Kawartha Lakes 2012 Official Plan.

The parties confirmed that a Phase 3 hearing was no longer necessary and scoped the remaining issues for a Phase 4 hearing.

The Tribunal approved the final Procedural Order and Issues List for the Phase 4 hearing, scheduled a six-week hearing for May 2023, and granted party status to Ibrans Developments Ltd. on consent.

Motions were brought by CastandGrey 5 Corp., CastandGrey 7 Corp., and Hamilton Country Properties Ltd. for party status in the appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

The City of Hamilton also brought a motion to dismiss the appeals of the Twenty Road West Landowners without a hearing.

The Tribunal granted party status to the moving landowners, finding they had a direct interest in the urban boundary expansion and that their participation would serve the public interest without causing prejudice, provided they sheltered under existing issues.

The Tribunal also granted the City's motion to dismiss the Twenty Road West Landowners' appeals, finding that the landowners had previously agreed to withdraw their appeals in a binding Minutes of Settlement, and their continued pursuit of the appeals was not in good faith.

The moving party brought a motion for leave to appeal a decision of the Local Planning Appeal Tribunal.

The Divisional Court dismissed the motion for leave to appeal.

Costs were awarded to the responding party in the fixed amount of $25,000.