Ian Daniel Andres

The appellants appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment, as well as the refusal of a Heritage Permit Application, to permit an 85-storey mixed-use building at Yonge and Gerrard Streets.

The Tribunal dismissed the appeals, finding that the subject site is too small to accommodate the proposed tall building.

The Tribunal concluded that the proposed tower setbacks and separation distances would result in unacceptable impacts on privacy, sky view, and daylighting for adjacent properties, including the existing Chelsea Hotel.

Furthermore, the proposed loading and servicing configuration, which relied on a turntable and a new driveway access, presented unresolved operational challenges and would negatively impact the public realm.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for a hearing scheduled to commence on April 14, 2025.

The underlying dispute concerns the determination of the market value of lands for the purpose of calculating cash-in-lieu of parkland payable to the City of Toronto under section 42 of the Planning Act.

The appellant appealed the Committee of Adjustment's refusal of three variances required to construct a four-storey, 10-unit residential building on the existing footprint of a two-storey apartment building.

The requested variances related to floor space index and side yard setbacks.

The Tribunal accepted the uncontradicted expert planning evidence that the proposal provided appropriate transition to the adjacent neighbourhood, minimized shadow impacts, and maintained the general intent and purpose of the Official Plan and Zoning By-law.

The Tribunal found the variances met the four tests under the Planning Act and allowed the appeal, authorizing the variances subject to a condition that construction be in substantial conformity with the submitted plans.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals by the applicants against the Town of Caledon's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The parties reported they are actively working toward a resolution and requested further time to finalize planning instruments.

The Tribunal scheduled a further Case Management Conference for November 2024 and a Hearing on the Merits for February 2025, with directions for filing settlement materials or a procedural order.

The Ontario Land Tribunal issued a procedural order governing the hearing for a dispute over the determination of land value and the amount payable to the City of Toronto for cash in lieu of parkland under the Planning Act.

The hearing is scheduled for four days commencing May 13, 2025.

The claimant brought a motion to adjourn a scheduled 20-day hearing regarding compensation for an expropriated leasehold interest.

The claimant sought the adjournment to pursue a Superior Court application, arguing that the Tribunal lacked jurisdiction to make determinations under section 41 of the Expropriations Act regarding the abandonment of expropriated land.

The Tribunal dismissed the motion, noting the late timing of the request, the lack of an emergency, the prejudice to the ready respondent, and the Tribunal's interest in maintaining its fixed hearing schedule.

The Tribunal also observed, without deciding, that it arguably has jurisdiction to make findings of fact under section 41.

The applicant appealed the City's failure to make decisions on applications for a Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan to permit a four-building residential redevelopment.

The parties reached a settlement, which City Council approved in principle.

Based on uncontested planning evidence, the Tribunal allowed the zoning appeal in part on an interim basis, approving the draft Zoning By-law Amendment in principle subject to conditions.

The subdivision and site plan appeals were adjourned sine die.

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.

The appellant appealed the Committee of Adjustment's refusal to authorize minor variances for a townhouse development.

The variances sought to increase the permitted building height and angular plane penetration, which were originally established through a site-specific zoning by-law.

The Tribunal found that it had jurisdiction to consider variances to a site-specific by-law.

Relying on uncontested expert planning evidence and evolving municipal policy encouraging intensification on main streets, the Tribunal concluded the variances met the four tests under the Planning Act.

The appeal was allowed and the variances were authorized.

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.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

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.