Ira Kagan

The Attorney General for Ontario brought a motion to strike out parts of an affidavit filed by the applicants in an application for judicial review.

The underlying application challenged the vires of O. Reg. 382/19.

The moving party argued the affidavit contained inadmissible legal argument, opinion, and irrelevant evidence that did not fall within the narrow exceptions for supplementing the record on judicial review.

The court adopted a hybrid approach, striking out paragraphs containing clear legal argument and opinion, while adjourning the balance of the motion to the panel hearing the application on its merits.

The appellants appealed the Town of Oakville's adoption of a Community Benefits Charge By-law under s. 37(17) of the Planning Act.

At the first Case Management Conference, the Tribunal was advised that a settlement had been reached among most parties, but one appellant raised an issue regarding the Tribunal's jurisdiction to vary the prescribed 4% charge.

The Tribunal directed that appellant to bring a motion on the jurisdictional issue and scheduled a second Case Management Conference.

The appellant subsequently withdrew its appeal, and the Tribunal converted the scheduled hearing to consider the settlement among the remaining parties.

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

The Tribunal granted party status to a new property owner, noted the withdrawal of one appeal, and scheduled a third Case Management Conference to allow the parties to finalize the draft Procedural Order and Issues List.

The Tribunal convened a Case Management Conference regarding appeals by the applicant against the City's refusal of Official Plan and Zoning By-law amendments for a proposed 10-storey mixed-use building.

The Tribunal granted participant status to a local resident.

On consent of the parties, the Tribunal ordered that these appeals be heard together with an existing appeal concerning Official Plan Amendment No. 48.

The parties were directed to request Tribunal-assisted mediation.

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 Case Management Conferences regarding appeals by 7080 Yonge Limited against 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 application.

The Tribunal issued a Procedural Order on consent, setting out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence for a 15-day video hearing scheduled to commence on October 23, 2023.

The appellants appealed the Town of Oakville's Parkland Dedication By-law No. 2022-108.

At the first Case Management Conference, the parties advised that the recent enactment of Bill 23 and its pending regulations might necessitate the repeal and replacement of the by-law.

The Tribunal ordered the Town to provide a status update by October 1, 2023, after consulting with the appellants.

This was the first Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

The Tribunal granted party status to the City of Vaughan and several corporate entities, and participant status to two others.

A further Case Management Conference was scheduled for April 14, 2023, with directions for the parties to prepare a draft Procedural Order and Issues List.

The applicant appealed the Township Committee of Adjustment's refusal of six applications for consent to sever rural residential lots.

The parties reached Minutes of Settlement proposing to dismiss three appeals and approve the remaining three to facilitate lot consolidation and boundary adjustments.

The Tribunal accepted uncontested expert planning evidence that the proposal was consistent with provincial policies and conformed to official plans.

The Tribunal allowed the appeals in part and granted provisional consent subject to conditions, including rezoning the resultant lands to an Environmental Protection zone.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development.

Prior to the hearing, the parties reached a settlement revising the proposal to an 11-storey building with 148 residential units.

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

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

The Ontario Land Tribunal held a case management conference regarding an appeal by the appellant against the municipality's Zoning By-law No. 0119-2022.

The Tribunal issued a procedural order on consent, setting dates for a motion to dismiss and a four-day video hearing, and establishing the issues list and order of evidence.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2691823 Ontario Inc. against the City of Hamilton's failure to adopt an Official Plan Amendment and refusal to make a decision on a Zoning By-law Amendment.

The proposed development is a six-storey mixed-use building.

The Tribunal granted party status to James and Nancy MacLeod and the Niagara Escarpment Commission, and participant status to several individuals and a community group.

A 12-day merits hearing was scheduled for September 2023, and deadlines were set for the submission of issues and a final draft Procedural Order.

The Tribunal held a Case Management Conference regarding an appeal against a zoning by-law amendment to permit a mixed-use waterfront community of 8,050 residential units.

One appellant withdrew its appeal, leaving Stratos Technologies Inc. as the sole appellant.

The Tribunal granted participant status to the Lakeview Ratepayers Association on consent.

The Tribunal scheduled a one-day motion hearing to dismiss the appeal and a four-day hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellant for the municipality's failure to make a decision on applications for a zoning by-law amendment and a plan of subdivision.

A development group requested and was granted party status without opposition.

The parties expressed interest in mediation, and a 12-day video hearing was scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Leslie Elgin Developments Inc. against the City of Richmond Hill for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications propose a high-density residential development with two apartment buildings.

The Tribunal granted participant status to 13 individuals on consent, scheduled a second Case Management Conference for February 2023 to finalize the Procedural Order, and scheduled a 12-day merits hearing for October 2023.

The applicants appealed the City of Grimsby's refusal of their applications to amend the Official Plan and Zoning By-law to permit a 7-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted participant status to a local business group.

Due to the upcoming municipal election, the parties requested and the Tribunal scheduled a second Case Management Conference for March 2023 to allow the City to receive direction from the new Council.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision to permit a mixed-use development at 5800 Yonge Street.

The parties reached a settlement proposing four new residential and mixed-use buildings, new public streets, parkland dedication, and a childcare facility.

The Tribunal accepted uncontested expert planning evidence that the proposed settlement is consistent with the Provincial Policy Statement, conforms to the Growth Plan and municipal official plans, and represents good planning.

The appeals were allowed in part, and the planning instruments were approved in principle subject to conditions.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision for a mixed-use development.

At the first Case Management Conference, the parties advised the Tribunal that a settlement in principle had been reached.

The Tribunal scheduled a one-day settlement hearing for July 4, 2022, and directed the submission of planning affidavit evidence.

The applicant appealed the Township's Committee of Adjustment refusal of minor variances to permit an increase in maximum gross floor area and lot coverage for the construction of a new cottage and use of an existing boathouse.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the variances met the four tests under section 45(1) of the Planning Act, being minor, desirable, and maintaining the intent of the Official Plan and Zoning By-law.

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