Ira Kagan

A Case Management Conference was held regarding an appeal by the applicant against the respondent's decision to designate a property under the Ontario Heritage Act.

The Tribunal directed the parties to prepare a procedural order, set hearing dates for January 2025, and issued the procedural order to govern the future conduct of the proceeding.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Cambridge's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed high-rise development.

The Tribunal scheduled a 20-day merit hearing to commence in September 2025 and a pre-hearing status telephone conference call for June 2025.

The appellant, a self-represented area resident, appealed the City's approval of an Official Plan Amendment and Zoning By-law Amendment permitting a 14-storey apartment building.

The Tribunal found the notice of appeal deficient under the Planning Act for failing to identify inconsistencies with provincial or municipal policies.

After hearing the applicant's expert planning evidence, which supported the development as modest intensification, and finding the appellant's evidence lacked planning grounds, the Tribunal dismissed the appeals both on statutory non-compliance and on their merits.

The applicants sought judicial review to quash O. Reg. 382/19, which amended transitional rules for planning appeals before the Ontario Land Tribunal, arguing it was ultra vires its enabling statute.

The regulation reimposed a more restrictive procedural regime on third-party appeals of municipal planning decisions.

The Divisional Court dismissed the application, finding that the Attorney General had broad, express statutory authority under s. 43.1 of the Local Planning Appeal Tribunal Act, 2017 to make the transitional regulation.

The court held the regulation was consistent with the enabling statute and did not improperly deprive the applicants of vested substantive rights.

The court also declined to address procedural fairness issues, finding them premature as they should be raised in the applicants' pending motion for leave to appeal.

The applicant appealed the City's failure to make a decision on official plan and zoning by-law amendment applications for a proposed mixed-use high-rise development.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Waterloo and Air Liquide Canada Inc. The Tribunal declined the applicant's request to link Air Liquide's party status to disclosure obligations, directing that disclosure issues be addressed separately.

A second Case Management Conference was scheduled to finalize the procedural order and address any outstanding disclosure motions.

The applicant appealed the City of Toronto's failure to make a decision on a Site Plan Application for a proposed drive-through facility within the prescribed timeframe.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert planning evidence, the Tribunal found the application consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The appeal was allowed and the site plan was approved subject to post-approval conditions.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings leading up to and including a 21-day hearing scheduled to commence on June 3, 2024.

The hearing concerns appeals of the City of Toronto's Proposed Official Plan Amendment No. 183 and By-law No. 235-2-16, which designates the Historic Yonge Street Heritage Conservation District and Plan.

The applicant appealed the City of Markham's failure to make a decision on Official Plan and Zoning By-law amendments to permit a high-density mixed-use development consisting of six residential towers, an elementary school, and commercial space.

A neighbouring resident raised concerns regarding shadowing and loss of privacy.

The Tribunal accepted the uncontroverted expert planning evidence that the development's design mitigates shadow and privacy impacts, and that the proposal is consistent with provincial and regional planning policies for intensification along a transit corridor.

The appeals were allowed in part, and the amendments were approved in principle.

The applicants appealed the Town of Grimsby's refusal of official plan and zoning by-law amendments to permit a seven-storey mixed-use development.

The parties reached a settlement agreement prior to the hearing.

Based on the uncontested expert land use planning evidence, the Tribunal found that the revised proposal was consistent with provincial policies, conformed to regional plans, and represented good planning.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The appellants appealed the Town of Innisfil's Community Benefit Charge By-Law No. 040-23 under section 37(17) of the Planning Act.

At the first Case Management Conference, the parties requested Tribunal-led mediation to narrow or resolve the issues in dispute.

The Tribunal ordered the matter held in abeyance pending the outcome of mediation and directed the parties to provide a status update in 120 days.

The appellant appealed the City's Parkland Dedication By-law under s. 42(4.9) of the Planning Act.

At the first Case Management Conference, the parties advised that they were awaiting provincial regulations under the More Homes Built Faster Act, 2022 regarding parkland dedication requirements for encumbered lands.

The Tribunal directed the appellant to provide an update by June 14, 2024, and took no further action in the interim.

At a second Case Management Conference regarding appeals of the Town of Grimsby's refusal of official plan and zoning by-law amendments, the parties advised they had reached a settlement.

The Tribunal scheduled a written hearing to consider the settlement agreement and directed the parties to provide the necessary materials, including an expert affidavit and draft instruments, in advance.

The Tribunal also directed the parties to communicate with the participant, Harmony Group of Companies, regarding the settlement materials.

The applicants appealed the City of Markham's failure to make a decision on applications for a zoning by-law amendment and site plan approval to facilitate a high-rise mixed-use development.

The Tribunal held a Case Management Conference to organize the hearing.

A 10-day video hearing was scheduled, and a Procedural Order with an Issues List was finalized and appended to the decision.

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 a high-density residential development.

The parties reached a settlement and presented revised applications to the Tribunal.

Relying on uncontested expert planning evidence, the Tribunal found the revised applications consistent with provincial policies and local official plans.

The appeal was allowed in part on an interim basis, with final approval withheld pending the finalization of the amendments to the City's satisfaction.

At a Case Management Conference regarding appeals of the Town of Bradford West Gwillimbury Official Plan, the parties consented to adjourn the site-specific appeal by Bradford Highlands Joint Venture sine die pending the Minister's decision on Simcoe County Official Plan Amendment 7.

Millford Development Limited withdrew its appeal and was granted party status.

The Tribunal ordered the new Official Plan into full force and effect, save for the appellant's lands.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicants from the City of Toronto's failure to make a decision on an Official Plan Amendment application for the Centrepoint Mall property.

The Tribunal granted party status to several neighbouring landowners and the Toronto Catholic District School Board, and participant status to a local resident.

A second Case Management Conference was scheduled for January 22, 2024, to address procedural matters and a potential consolidation with a related appeal.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1306497 Ontario Inc. concerning the City of Vaughan's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment.

The amendments seek to permit a transit-oriented development including residential towers, amenity, retail, and office space at 88 Steeles Avenue West.

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

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (OPA 615).

The parties provided a status update and requested the scheduling of a 30-day merit hearing.

The Tribunal scheduled a fourth Case Management Conference for January 9, 2024, and a 30-day merit hearing commencing October 16, 2024.

A Procedural Order was appended to govern the proceedings.

The appellants appealed the City of Burlington's Parkland Dedication By-law No. 62-2022 under section 42(4.9) of the Planning Act.

At the Case Management Conference, the City advised that it was preparing a new Parkland Dedication By-law expected to be presented to City Council in July 2023, which may address the appellants' concerns.

On consent of all parties, the Tribunal scheduled a further Case Management Conference for September 8, 2023, to update the Tribunal on the status of the new by-law and settlement discussions.