Ian Andres

The City of Brampton adopted the Heritage Heights Secondary Plan, which was subsequently appealed by multiple landowners and developers.

Following extensive mediation, the parties reached a settlement resulting in a Revised Heritage Heights Secondary Plan that accommodates provincial transportation and transmission corridors while increasing projected population and jobs.

Based on uncontroverted expert planning evidence, the Tribunal found the revised plan consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part, approving the modified plan save for two deferred areas that remain subject to ongoing discussions.

At a Case Management Conference, the Ontario Land Tribunal considered requests to consolidate site-specific zoning and subdivision appeals with ongoing Official Plan Amendment appeals concerning lands in the Town of Oakville.

The Tribunal granted the consolidation request on consent of the parties.

The Tribunal also directed the parties to proceed to Tribunal-assisted mediation and scheduled a further Case Management Conference for December 2024, along with a four-week merit hearing in June and July 2025.

This was the first Case Management Conference regarding appeals by Windfield Estates Corporation against the City of Toronto's failure to render decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 603-unit residential development.

The Tribunal considered several requests for status, ultimately denying Party status to individuals but granting Participant status to eight individuals and groups.

A 10-day hearing on the merits was scheduled for April and May 2025, and a Procedural Order was approved to govern the proceedings.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

At a Case Management Conference regarding multiple appeals of Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision in the Town of Oakville, the Tribunal granted party and participant status to several entities on consent.

The Tribunal declined a request by the appellants to consolidate the site-specific appeals and set hearing dates, finding it premature given potential upcoming legislative changes to the Planning Act.

A further Case Management Conference was scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a four-storey residential building.

The Tribunal granted participant status to a neighbouring resident without objection.

The parties advised they would be meeting to resolve issues and the City would seek direction from City Council.

A second Case Management Conference was scheduled for July 17, 2024, with a draft Procedural Order and Issues List to be submitted beforehand.

At a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendments, and Draft Plans of Subdivision, the parties advised that the Official Plan Amendment appeal was likely to settle imminently.

The Tribunal ordered that the Official Plan Amendment appeal proceed by way of a written settlement motion.

The Tribunal also set procedural deadlines for the remaining appeals, including the filing of a draft Procedural Order and the scheduling of a further Case Management Conference.

This was a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendments, and Draft Plans of Subdivision for which the Town Council failed to make decisions.

The Tribunal ordered that the matters be heard together.

The Tribunal also granted party and participant status to several entities without objection.

Future Case Management Conferences and a 19-day merit hearing were scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of Official Plan Amendment 155 by Acorn NE Stouffville Inc. and Northcape Investments Inc. The parties worked to narrow the scope of the appeals and finalize an Issues List, particularly concerning land use designations and road alignments within the Old Elm Major Transit Station Area.

The Tribunal scheduled a 15-day hearing on the merits and approved the Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed 74-storey mixed-use building.

On consent of the parties, the Tribunal ordered the adjournment of the 10-day merits hearing from April 2, 2024, to May 27, 2024, and issued a revised Procedural Order establishing new timelines for the exchange of evidence and other pre-hearing requirements.

A first Case Management Conference was held regarding appeals by the appellants against the municipality's proposed Official Plan Amendment No. 42.

The Tribunal directed the parties to finalize a draft Procedural Order and scheduled a five-day hearing of the merits.

A timeline was also established for a potential motion for a written hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan applications for a proposed residential redevelopment.

The Tribunal granted participant status to one individual, directed the parties to file a Draft Procedural Order, and scheduled a second Case Management Conference.

The appellants appealed the property classification of two midrise multifamily residential apartment towers in Ajax, arguing they should be classified as New Multi-Residential (NT) rather than Multi-Residential (MT).

The issue turned on whether the units were built pursuant to a building permit issued on or after April 20, 2017, as required by section 10(2) of O. Reg. 282/98.

While initial partial permits were issued before this date, the full building permits required to complete the units were issued after April 20, 2017.

The Assessment Review Board found that the regulation's language was clear and unambiguous, and that the units were built pursuant to permits issued after the key date.

The Board ordered the properties to be classified as New Multi-Residential (NT).

The appellants appealed the adoption of Official Plan Amendment No. 155 by the Town of Whitchurch-Stouffville and the Region of York.

At the first Case Management Conference, the Tribunal granted non-appellant party status to several entities on consent.

A second Case Management Conference was scheduled to consider a draft Procedural Order and Issues List.

The applicant appealed the City of Richmond Hill's failure to make a decision on site-specific Official Plan and Zoning By-law amendments for a proposed mixed-use development.

The parties reached a settlement for a revised 10-storey midrise building with residential and retail uses.

Based on uncontested expert planning evidence, the Tribunal found the revised development constitutes good planning, conforms to provincial and municipal policies, and represents an efficient use of land.

The appeals were allowed in part on an interim basis, with final approval withheld pending the submission of final instruments and site plan approval.

The applicant appealed the City of Richmond Hill's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a high-density mixed-use development.

The parties reached a settlement for a revised proposal featuring a single 30-storey mixed-use tower with 527 dwelling units.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies, representative of good planning, and in the public interest.

The appeals were allowed in part to approve the amendments.

The applicant appealed the Town of Caledon's failure to adopt a requested Official Plan Amendment to establish a new Secondary Plan for the Macville Community Area.

At the first Case Management Conference, the Tribunal granted party status to Peel Region, Peel District School Board, Toronto and Region Conservation Authority, Acorn Bolton Inc., and Gold Humber Station Inc., and participant status to the Bolton North Hill Landowners Group Inc. The Tribunal also set deadlines for the exchange of issues lists and scheduled a second Case Management Conference for February 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding a claim for land compensation arising from the expropriation of leasehold interests by the City of Toronto.

The Tribunal approved the parties' consent Procedural Order, scheduled a second Case Management Conference for July 2024, and set a 20-day video hearing to commence in September 2024.

A case management conference was held regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and its Secondary Plans.

The Tribunal received status updates on the remaining phases of the appeals, noting the withdrawal of certain appeals and the closure of the Phase 6 hearing file.

The Tribunal directed the parties to work collaboratively to prepare a final procedural order and issues list for the Phase 5 hearing, and scheduled a further case management conference to set hearing dates and address outstanding matters.

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.