Ian Daniel Andres

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 Tribunal held a third Case Management Conference regarding complex expropriation claims by the claimants against the respondent concerning Union Station.

The parties agreed on most terms of a draft Procedural Order but disagreed on the commencement date for a 40-day hearing, with the claimants proposing April 2025 and the respondent proposing September 2025.

The Tribunal compromised and set the hearing to commence on June 9, 2025, by video hearing, and directed the parties to submit a finalized Procedural Order.

The appellant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit three mixed-use high-rise buildings.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert land use planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement and in conformity with applicable growth plans and official plans.

The Tribunal allowed the appeals in part, approving the amendments in principle on an interim basis pending finalization of the instruments.

The Ontario Land Tribunal held a second Case Management Conference regarding complex expropriation claims by Osmington (Union Station) Inc. and the City of Toronto against Metrolinx.

The Tribunal declined to set a hearing date, finding it premature as the parties had not yet agreed on the lands expropriated or finalized a Common Visual Evidence Book.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.

The Tribunal held a second Case Management Conference regarding complex expropriations of lands and air rights at Union Station.

The parties provided updates on Tribunal-led mediation, a draft Procedural Order, and a Common Visual Evidence Book.

Finding that the parties had not yet agreed on the lands expropriated and their areas, the Tribunal concluded it was premature to set a hearing date.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.

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

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

The Ontario Land Tribunal held a Case Management Conference regarding claims for compensation arising from expropriations at Union Station by Metrolinx.

The claimants, Osmington (Union Station) Inc. and the City of Toronto, and the respondent, Metrolinx, provided updates on pleadings and mediation efforts.

The Tribunal scheduled a second Case Management Conference, directed the parties to prepare a draft Procedural Order, and suggested the creation of a common visual evidence book to assist in mediation or a hearing on the merits.

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.

The applicant appealed the City's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a proposed residential development.

The parties reached a settlement for a 12 and 14 storey residential building connected by a seven-storey central element.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the City's Official Plan.

The Tribunal allowed the appeals in part, approving the draft planning instruments in principle, and withheld its final order pending the satisfaction of several prerequisite conditions.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals in Phase 6G.

Additionally, the Tribunal heard a motion by the City to settle appeals brought by Amexon Realty Inc. concerning lands at 701-703 Evans Avenue.

Based on uncontested land use planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential and sensitive uses on a portion of the site while prioritizing office commercial uses and securing affordable housing.

The Amexon appeals were allowed in part to implement the settlement.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals.

Additionally, the Tribunal heard and approved a settlement motion regarding the appeals by Amexon Realty Inc. for lands at 701-703 Evans Avenue.

Based on uncontested planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential uses on a portion of the site while prioritizing office commercial uses.

The applicant proposed to demolish an existing dwelling and construct a new three-storey single-detached dwelling, requiring variances for building length and floor space index.

The Committee of Adjustment approved the variances, and the adjacent neighbour appealed to the Toronto Local Appeal Body.

The TLAB allowed the appeal and refused the variances, finding that the applicant failed to demonstrate that the variances respected and reinforced the existing physical character of the immediate neighbourhood, particularly regarding density and massing, and therefore did not meet the four tests under section 45(1) of the Planning Act.