Murray Evans

The applicant appealed the City's Committee of Adjustment decision refusing minor variances to facilitate a five-storey mixed-use building.

The requested variances included reductions in setbacks, parking, and loading spaces, and increases in floor area ratio.

The City did not call any witnesses.

Relying on the uncontradicted expert planning and traffic engineering evidence, the Tribunal found that the variances satisfied the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized.

The applicant appealed the Committee of Adjustment's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and Consent to sever.

The applications sought to permit the development of a single detached dwelling and accessory structures on a property containing natural heritage features.

The parties reached a settlement agreement.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed development was consistent with provincial policies, conformed to applicable official plans, and represented good planning.

The appeals were allowed and the instruments were approved.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a residential development.

Prior to the hearing, the parties reached a settlement for a revised proposal consisting of a 5-storey, 129-unit condominium apartment building.

Based on the uncontroverted expert land use planning evidence, the Tribunal found the revised proposal consistent with provincial policy and in the public interest.

The Tribunal granted the zoning appeal in part and granted site plan approval in principle, withholding the final order pending finalization of conditions.

The applicant appealed the Township of King's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision to permit a 48-unit townhouse development.

The parties reached a settlement on revised instruments.

Based on uncontested expert evidence in planning, transportation, arboriculture, and ecology, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Oak Ridges Moraine Conservation Plan, and applicable official plans.

The Tribunal allowed the appeals in part, approving the revised instruments and delegating authority to the Township to clear draft plan conditions.

Several property owners appealed the City of Vaughan's 2010 Official Plan regarding policies affecting the Centre Street Corridor.

The parties reached a settlement proposing modified policies and map schedules to allow for increased building heights, density, and mixed uses along the transit corridor while ensuring appropriate transition to adjacent low-rise neighbourhoods.

The Tribunal denied a late request for Party status from a ratepayers association.

Accepting the uncontested expert planning evidence that the modified policies are consistent with the Provincial Policy Statement, conform with the Growth Plan and Regional Official Plan, and represent good planning, the Tribunal allowed the appeals in part and approved the modified policies.

This motion concerned the interpretation of a clause in Agreements of Purchase and Sale regarding the calculation of "Net Developable Area" (NDA) for land development.

The core dispute was whether storm water management (SWM) ponds located on "Protected Countryside" (Greenbelt lands) should be included in the NDA, thereby affecting the purchase price adjustment.

The court applied principles of contractual interpretation, emphasizing a holistic reading of the agreement and grounding interpretation in the text.

It found the clause unambiguous, concluding that the exception for SWM ponds applied only to "open space lands" (Group A) and not to "Protected Countryside" (Group B).

Consequently, SWM ponds on Protected Countryside do not form part of the NDA.