Ryan Guetter

The applicant appealed the City of Oshawa's failure to make a decision on a proposed Zoning By-law Amendment and Draft Plan of Subdivision for a 165-unit single-detached residential development.

The central issue was whether a proposed park block could simultaneously satisfy the statutory parkland dedication requirement and serve as Significant Wildlife Habitat for migrating Monarch butterflies.

The Tribunal preferred the evidence of the applicant's experts, finding that the park block could appropriately integrate both active recreational uses and butterfly habitat.

The Tribunal approved the Zoning By-law Amendment without a Holding symbol and approved the Draft Plan of Subdivision subject to amended conditions, concluding the proposal was consistent with provincial policy and represented good planning.

The appellant appealed the municipality's failure to make a decision on a proposed Plan of Subdivision and Zoning By-law Amendment for 16 seasonal residential lots on the shoreline of Pigeon Lake.

The central issue was whether the proposal constituted 'infill development' under the Growth Plan for the Greater Golden Horseshoe.

The Tribunal found that the proposal met the common usage definition of infill development and satisfied all requirements for the protection of key hydrologic and natural heritage features.

The Tribunal allowed the appeals, approving the draft plan of subdivision and amending the zoning by-law.

The applicant appealed the City of Niagara Falls' failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 390-unit apartment development with 21-storey and 12-storey towers.

The Tribunal dismissed the appeals, finding that while the proposal was consistent with the Provincial Policy Statement, it failed to conform to the Growth Plan and the City's Official Plan.

The Tribunal accepted the City's evidence that the proposed height and massing represented overdevelopment, failed to provide an appropriate transition to the adjacent low-rise residential neighbourhood, and did not harmoniously fit with the existing planned context.

The applicants 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 4-storey multi-unit residential building.

At a settlement hearing, the Tribunal heard uncontradicted expert planning evidence that the revised proposal for 30 dwelling units in a stacked townhouse building conforms to provincial and municipal planning policies.

The Tribunal allowed the appeals in part, approving the amendments in principle and withholding the final order pending the finalization of the instruments and a Section 37 Agreement.

The appellant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a 14-storey residential building, an increase from an approved 11-storey building.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed intensification near a major transit station area was consistent with provincial policies and constituted good planning.

The Tribunal allowed the appeals and approved the amendments in principle, withholding its final order pending the fulfillment of conditions including a section 37 agreement.

The applicant appealed the City's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The Phase 1 hearing focused on whether the proposed development was premature due to the presence of Significant Wildlife Habitat for Monarch butterflies on the subject lands.

The Tribunal found that the applications were not premature, accepting the applicant's evidence that proposed mitigation measures, including species-specific vegetation and a phased construction plan, would ensure no negative impacts on the migratory stopover habitat.

The Tribunal directed the matter to proceed to a Phase 2 hearing.

The appellants appealed the Vaughan Official Plan and the Vaughan Mills Centre Secondary Plan, seeking to convert a portion of their employment lands to a Mixed Use designation to permit residential development.

The tribunal applied the conversion tests under the Growth Plan for the Greater Golden Horseshoe.

While finding that the proposed concept plan had qualitative merits and could address need, the tribunal concluded that the conversion failed to maintain a significant number of jobs on the lands and would adversely affect the overall viability of the surrounding employment area.

The tribunal denied the requested conversion and the related request to identify the lands as a Primary Centre, directing the parties to prepare modifications for a Phase 2 hearing.

Beeton Meadows Holdings Inc. appealed the County of Simcoe's non-decision regarding a portion of the Town of New Tecumseth's new Official Plan.

Prior to the hearing, the parties reached a settlement to revise the schedule and replace the Low-Density designation with an Urban Residential designation.

The Tribunal accepted uncontradicted expert planning evidence that the proposed modification is consistent with the Provincial Policy Statement, conforms to the Growth Plan and local Official Plans, and represents good planning.

The appeal was allowed in part to implement the settlement.

The plaintiff developer entered into two Agreements of Purchase and Sale to acquire properties for residential redevelopment.

The vendor of the Brock Street property wrongly terminated the agreement after the plaintiff properly delivered a waiver of conditions by email.

The court awarded the plaintiff $3.2 million in damages based on the increase in the property's value.

The plaintiff's claim regarding the Hopkins Street property was dismissed because it failed to deliver a waiver by the extended deadline.

The defendants' counterclaims for damages arising from the registration of Certificates of Pending Litigation were dismissed, as the plaintiff had a reasonable claim to an interest in the land.