Ian Daniel Andres

The applicant, Glen Edyth Property Holdings Ltd., requested a review of a TLAB decision that denied its minor variance application for a property backing onto a ravine.

The applicant alleged the Member made errors of law and fact in interpreting Official Plan policies regarding ravine setbacks and prevailing building characteristics, and in assessing privacy impacts.

The reviewing Member dismissed the request, finding that the original Member properly exercised his statutory duty to weigh the evidence and that the review request was largely an attempt to relitigate the issues.

The original decision denying the variances was confirmed.

The Tribunal held a second Case Management Conference regarding appeals of the City of Pickering's Official Plan Amendment No. 38, which aims to enable redevelopment and intensification of the Kingston Road Corridor.

The parties discussed a phased hearing approach, with a Phase 1 area-wide hearing followed by site-specific hearings.

The Tribunal directed the parties to submit a Draft Procedural Order and Issues List and scheduled a third Case Management Conference to finalize the procedural order and schedule the merit hearing.

The appellant appealed the Region of York's decision to pass Official Plan Amendments 18.3 and 18.4 to the City of Richmond Hill's Official Plan.

At a Case Management Conference, the parties agreed to scope the appeals to a site-specific basis and requested an adjournment sine die pending the completion of the City's Municipal Comprehensive Review.

The Tribunal granted the adjournment and noted that the non-appealed portions of the amendments came into force by operation of the Planning Act.

This was the first Case Management Conference regarding appeals of the City of Pickering's Official Plan Amendment No. 38, which aims to enable redevelopment and intensification of the Kingston Road Corridor.

The Tribunal granted party status to 705 Kingston Road Ltd. and Pickering Ridge Lands Inc. on consent.

The parties were directed to submit a draft Procedural Order and Issues List, and a second Case Management Conference was scheduled.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by Metroview Developments (Garden) Inc. against the City of Richmond Hill's failure to make decisions on Official Plan and Zoning By-law amendment applications within the statutory timeframe.

The Tribunal approved the revised Issues List and Procedural Order on consent of the parties and confirmed the scheduling of a 15-day merit hearing to commence on September 18, 2023.

The Ontario Land Tribunal held a case management conference regarding appeals concerning the City of Toronto's failure to make a decision on requested official plan and zoning by-law amendments to permit a 74-storey mixed-use building.

On consent of the parties, the Tribunal issued a Procedural Order and Issues List to govern the upcoming 10-day hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals of the City of Brampton's adoption of Official Plan Amendment 206-210 (Heritage Heights Secondary Plan).

The parties agreed to collaborate on policy wording and continue drafting the Procedural Order and Issues List, with a focus on resolving issues related to the GTA West Corridor.

The Tribunal scheduled a third Case Management Conference for July 6, 2023, and directed the parties to submit a revised draft Procedural Order by June 22, 2023.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.

The Ontario Land Tribunal held a case management conference to obtain status updates and set hearing dates for the remaining appeals (Phases 6C, 6D, 6E, 6F, and 6G) of the City of Toronto's Official Plan Amendment No. 231.

The Tribunal approved procedural orders for Phases 6D and 6E, scheduled a settlement hearing for Phase 6C, set 10-day merit hearings for Phases 6D and 6E, and scheduled a further case management conference for Phase 6G.

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

The Tribunal directed the parties to submit a Draft Procedural Order and Issues List, and scheduled a 9-day merit hearing to commence in April 2024.

The appellant appealed the Committee of Adjustment's approval of a consent to sever and multiple variances for a residential property.

Prior to the hearing, the parties reached a settlement that revised the requested variances to address the appellant's concerns regarding tree retention and health.

The Toronto Local Appeal Body approved the settlement, finding that the consent to sever met the criteria under section 51(24) of the Planning Act and that the revised variances met the four tests under section 45(1).

The appeal was allowed in part to authorize the revised variances subject to conditions.

The appellant appealed the City of Toronto Committee of Adjustment's refusal of applications to sever a residential property into two lots and construct a new two-storey detached dwelling on each lot, requiring multiple variances.

The Toronto Local Appeal Body allowed the appeal, finding that the revised proposal met the criteria for consent under s. 51(24) of the Planning Act and that the requested variances met the four tests under s. 45(1).

The tribunal accepted expert planning evidence that the proposed lot sizes and massing respected and reinforced the prevailing physical character of the neighbourhood.

The Tribunal convened a Case Management Conference regarding appeals of Official Plan Amendment No. 379.

The City of Toronto and appellant 1709492 Ontario Limited agreed to extend the deadline for the appellant to submit a complete site-specific application to May 31, 2023.

The Tribunal ordered the extension on consent, with the condition that if the application is not submitted by the deadline, the appeal will be dismissed without further notice.

Home Depot brought a motion to strike the City of Toronto's Amended Statements of Issues and several expert reports in a property assessment appeal.

Home Depot argued that the City's reply reports improperly raised new issues, specifically highest and best use and replacement cost new, which amounted to case-splitting.

The Assessment Review Board found that pleadings cannot be struck, but prohibited the City from relying on any expert reports addressing highest and best use or replacement cost new, as these issues were not properly pled and there were no exceptional circumstances to allow late amendments.

The City was permitted to rely on its reply report concerning depreciation and economic obsolescence.

The applicant appealed the City of Richmond Hill's failure to make a decision on its Official Plan and Zoning By-law Amendment applications within the statutory timeframe.

At the second Case Management Conference, the parties advised they were engaged in without prejudice discussions on a revised development proposal.

On consent, the Tribunal issued a Procedural Order scheduling a third Case Management Conference for April 2023 and a 15-day merit hearing for September 2023 to allow time for the City to consider the revised proposal.

The appellants appealed the City of Toronto's adoption of Community Improvement Plan By-law 1207-2018, which provides financial incentives for brownfield remediation and targeted employment uses.

Following a settlement, the parties presented uncontested planning evidence supporting modifications to the By-law, including clarifications to the municipal tax increment formula and gross floor area definitions.

The Tribunal allowed the appeals in part and approved the modified By-law on consent, finding it consistent with provincial policies and representing good planning.

This was the second Case Management Conference regarding an appeal by the applicant against the City of Toronto for failing to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval applications within the statutory timeframes.

The Tribunal denied a participant status request due to non-attendance and lack of clarity.

The Tribunal approved the draft Procedural Order and Issues List and scheduled a 14-day video hearing.

Multiple appeals were filed regarding the Yonge Steeles Corridor Secondary Plan (YSCSP) and related site-specific zoning and subdivision applications in the City of Vaughan.

Following extensive study and settlements among the parties, the Tribunal approved modifications to the YSCSP that facilitate a transition from low-density, automobile-oriented commercial uses to a high-density, transit-supportive, mixed-use community.

The approved plan directs the tallest buildings to the Yonge-Steeles intersection, incorporates new street networks, and requires substantial linear parkland.

The Tribunal found the modified YSCSP consistent with the Provincial Policy Statement and in conformity with the Growth Plan and Regional Official Plan.

Two specific policies regarding parking and holding provisions, along with site-specific zoning and subdivision appeals, were deferred to a subsequent hearing phase.

The applicant appealed the municipality's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a mixed-use development.

Prior to the hearing, the parties reached a settlement for a revised 10-storey mixed-use building.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement, in conformity with the Growth Plan, and in alignment with the municipal official plan.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the City of Kawartha Lakes 2012 Official Plan.

The parties confirmed that a Phase 3 hearing was no longer necessary and scoped the remaining issues for a Phase 4 hearing.

The Tribunal approved the final Procedural Order and Issues List for the Phase 4 hearing, scheduled a six-week hearing for May 2023, and granted party status to Ibrans Developments Ltd. on consent.