Emma West

The Ontario Land Tribunal initiated a motion to dismiss an appeal of a zoning by-law amendment that facilitated the multi-phase redevelopment of the Regent Park affordable housing project.

The appellant argued the amendment violated an Official Plan Amendment and the Provincial Policy Statement.

The Tribunal found the notice of appeal contained only bare assertions without explaining how or why the by-law failed to conform to planning policies.

Preferring the detailed expert evidence of the applicant's planner over the appellant's expert, the Tribunal concluded the appeal did not disclose any genuine, legitimate, and authentic land use planning grounds and dismissed the appeal without a hearing.

The appellant appealed the Town's failure to make a decision on zoning by-law amendment and site plan applications for a proposed retreat centre.

Prior to the hearing, the parties reached a settlement on the zoning by-law amendment and requested the site plan application be adjourned sine die.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with applicable provincial and municipal plans.

The Tribunal allowed the appeal in part, approving the zoning by-law amendment in principle on an interim basis.

The applicants appealed the Town of Grimsby's refusal of official plan and zoning by-law amendments to permit a seven-storey mixed-use development.

The parties reached a settlement agreement prior to the hearing.

Based on the uncontested expert land use planning evidence, the Tribunal found that the revised proposal was consistent with provincial policies, conformed to regional plans, and represented good planning.

The appeals were allowed in part to implement the settlement.

The appellant 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 15-building residential and mixed-use development.

The parties reached a settlement proposal, which included 1,510 residential units, public parks, and affordable housing.

Based on uncontested expert planning evidence, the Tribunal found the proposal consistent with provincial policies and the official plan.

The appeals were allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

SmartCentres appealed the Town of Oakville's failure to make decisions on Official Plan and Zoning By-law amendments for a mixed-use development.

The parties reached a settlement on revised amendments permitting two residential towers with a commercial podium.

Based on uncontested expert planning evidence, the Tribunal found the revised amendments consistent with provincial policies, in conformity with regional and local plans, and representative of good planning.

The appeal was allowed in part to approve the revised amendments.

The appellant appealed the City of Markham's passage of a zoning by-law amendment intended to facilitate employment uses on the subject lands.

Prior to the hearing, the parties reached a settlement that included site-specific development standards and the protection of natural heritage features.

Based on uncontested expert planning evidence, the Tribunal found that the proposed amendment was consistent with the Provincial Policy Statement, conformed with the Growth Plan and applicable official plans, and represented good planning.

The appeal was allowed in part to implement the settlement.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment to permit a 13-storey mixed-use building.

The Tribunal accepted uncontroverted expert evidence supporting a settlement proposal.

The appeal was allowed in part, with the final order withheld pending the execution of a Section 37 Agreement securing community benefits and the fulfillment of various conditions.