Ian Flett

The appellant appealed a Committee of Adjustment decision denying minor variances for a two-storey garden suite in the rear yard of a property containing a fourplex.

The Tribunal applied the four tests under s. 45(1) of the Planning Act and found that the variances maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The Tribunal noted that the proposal aligned with the City's Expanding Housing Options in Neighbourhoods initiative and provided gentle intensification.

The appeal was allowed and the variances were authorized subject to conditions.

The applicant appealed the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 48-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to a neighbourhood association and participant status to several residents and a neighbouring property owner.

A second Case Management Conference was scheduled to allow the City to hold a Council meeting.

The appellant appealed a Committee of Adjustment decision refusing fourteen variances required to bring a dwelling into compliance with the Zoning By-law.

In an earlier interim decision, the Toronto Local Appeal Body allowed the appeal subject to a condition that privacy screening be installed on the rear platform.

The appellant submitted affidavit evidence confirming the installation of the required privacy screens.

The tribunal found the condition was fulfilled and issued a final order authorizing the variances.

The appellant municipality appealed a decision of the Committee of Adjustment approving a minor variance to permit the existing use of lands for heavy vehicle operations in an agricultural zone.

At the onset of the hearing, the Tribunal was informed that the municipality had proposed a settlement to the applicant.

On consent, the scheduled merit hearing was converted to a case management conference, and a further hearing date was scheduled to allow the parties to present a settlement or proceed to a hearing on the merits.

The applicant appealed the Town of Halton Hills' failure to make a decision on applications to amend the Official Plan and Zoning By-law, and a proposed Plan of Subdivision to permit townhouse and single-detached dwellings.

At the second Case Management Conference, the Tribunal noted the parties had engaged in mediation and scheduled a 13-day hearing to commence on October 20, 2026.

The Tribunal also ordered the submission of an updated Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the City's failure to make a decision on a Zoning By-law Amendment application within the statutory timeline.

The application seeks to permit the development of 72 stacked townhouse units.

The Tribunal scheduled a second Case Management Conference and directed the parties to submit a Draft Procedural Order and Issues List.

The appellant appealed a Committee of Adjustment decision refusing minor variances required to construct a three-storey, four-unit multiplex and a two-storey garden suite on a property in Toronto.

The proposed development required variances for height, setbacks, soft landscaping, lot frontage, and lot area.

The Toronto Local Appeal Body allowed the appeal, finding that the variances met the four tests under s. 45(1) of the Planning Act.

The Tribunal accepted the expert planning evidence that the proposal aligned with the City's recent policy initiatives to encourage gentle density and housing options in neighbourhoods, and that the built form, while different from the historic character, was compatible with the evolving planned context.

The applicant appealed a Committee of Adjustment decision refusing variances required to legalize an existing dwelling that was constructed contrary to its building permit.

The application was amended to 14 variances based on updated as-built drawings.

The City of Toronto and a neighbourhood association opposed the appeal, arguing the dwelling's height, flat roof, and high floor space index (FSI) were out of character and set a negative precedent.

The Toronto Local Appeal Body allowed the appeal, finding that the FSI was inflated by the lot's shoreline hazard area and that the dwelling's articulation mitigated its massing.

The Tribunal concluded the variances met the four tests under section 45(1) of the Planning Act and authorized them subject to a privacy screening condition.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's refusal of official plan and zoning by-law amendments for a 48-storey mixed-use development.

On consent of the parties, the Tribunal issued an amended Procedural Order to govern the procedures leading up to a 9-day video hearing commencing on June 16, 2026.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against 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 31-storey purpose-built rental building.

The Tribunal granted party status to four associations and individuals, and participant status to ten individuals, on consent or without objection.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The Appellant requested an adjournment of a Toronto Local Appeal Body hearing on the morning of the scheduled date because their counsel was suffering from a debilitating flu and had lost his voice.

The Tribunal considered Rule 23.3 of the Tribunal Rules of Practice and Procedure.

Noting that the opposing party present did not object and actually wished counsel a quick recovery, the Tribunal found the grounds for an adjournment were met.

The hearing was rescheduled to a mutually agreeable date.

The appellant appealed the Committee of Adjustment's refusal of five minor variances required to construct a two-storey garden suite in the rear yard of a property already approved for a fourplex.

The requested variances related to soft landscaping, angular planes, and height.

The tribunal accepted the expert planning evidence that the proposal is consistent with the Provincial Policy Statement, conforms to the Official Plan's encouragement of garden suites, and meets the four tests under the Planning Act.

The appeal was allowed and the variances were authorized subject to conditions.

The City of Oshawa brought a motion to dismiss an appeal by the appellant regarding a City-wide Zoning By-law Amendment that introduced regulations for social service establishments.

The City argued that the amendment did not apply to the appellant's property, which was zoned R2 (Residential), and therefore the appellant did not meet the statutory precondition to appeal under section 34(19)2.2 of the Planning Act.

The Tribunal agreed with the City, finding that the R2 Zone excludes the relevant uses and that the amendment's provisions do not apply to the appellant's property.

The motion was granted and the appeal was dismissed.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed 14-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted party status to an adjacent property owner, consolidated the appeals, and scheduled an eight-day hearing on the merits.

The applicant appealed the City of Toronto's refusal of official plan and zoning by-law amendments, as well as a site plan application and a heritage alteration permit, to permit a 28-storey mixed-use building in the Church Street Village Character Area (CSVCA).

The Tribunal dismissed the appeals, finding that the proposed tall building form was incompatible with the planned mid-rise context of the CSVCA under the North Downtown Yonge Site and Area Specific Policy (SASP 382).

The Tribunal held that the proposal failed to conform to angular plane policies, would cast unacceptable new net shadows on Barbara Hall Park, and did not represent good planning or urban design despite its location in a Major Transit Station Area.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant against the City of Toronto's refusal of official plan and zoning by-law amendment applications.

The applications seek to permit a 48-storey mixed-use development at 506-516 Church Street.

The order sets out the organization of the hearing, requirements before the hearing, a summary of dates, the list of parties and participants, the issues list, and the order of evidence.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the City's refusal of official plan and zoning by-law amendments for a 48-storey mixed-use development.

The Tribunal granted party status to a neighbouring property owner and a neighbourhood association, and participant status to a condominium corporation.

A 9-day hearing was scheduled for March 2026.

The Ontario Land Tribunal held a Case Management Conference regarding a zoning by-law amendment appeal for a property in Whitby.

The parties had previously adjourned the hearing to engage in settlement discussions but were unable to reach a settlement.

The Tribunal scheduled a new eight-day video hearing to commence on October 29, 2025, and amended the Procedural Order to set a new deadline for filing the Hearing Plan.

The applicant appealed a Committee of Adjustment decision regarding a minor variance application.

During the hearing, the City of Toronto sought to qualify an assistant planner as an expert witness in land use planning.

The applicant objected, noting the proposed witness lacked a university degree, was not a member of the Ontario Professional Planners Institute, and had falsely claimed in his curriculum vitae to have been previously qualified as an expert by the Ontario Land Tribunal.

The Toronto Local Appeal Body refused to qualify the witness, finding his lack of credentials and the false statement damaged his credibility.

The hearing was adjourned on consent to allow the City to retain a new expert witness.

The Tribunal held a second Case Management Conference regarding appeals by 2606545 Ontario Inc. against the City of Toronto's failure to make decisions on planning applications and refusal of a heritage alteration permit for a 28-storey mixed-use building.

The Tribunal denied party status to the Church-Wellesley Village BIA, ordered the appeals to be heard together, and resolved a dispute over the inclusion of an issue regarding the cultural identity of the Church Street Village Character Area on the Issues List.

A 10-day hearing was scheduled for June 2025.