Ira Todd Kagan

The applicant appealed the City of Mississauga Committee of Adjustment's refusal of minor variances to permit an expanded A&W take-out restaurant with a drive-through as an accessory use to an existing gas station, and to reduce a landscape buffer.

The City argued the restaurant's size and operational independence made it a principal use requiring zoning amendments.

The Tribunal preferred the applicant's planning evidence, finding the restaurant remained subordinate in scale and function to the gas bar.

The Tribunal held the variances met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed in part, granting the necessary variances without conditions.

The applicant appealed the City of Mississauga Committee of Adjustment's refusal of minor variances to permit an A&W take-out restaurant with a drive-through as an accessory use to an existing gas station, and to reduce landscape buffers.

The City argued the restaurant was a principal use due to its size and operational independence.

The Tribunal found the restaurant remained an accessory use, noting it occupied only 25% of the kiosk area and did not dominate the primary gas bar function.

The Tribunal allowed the appeal, finding the variances met the four-part test under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning without the need for conditions.

At a Case Management Conference for appeals regarding the City's failure to make a decision on Official Plan and Zoning By-law amendments for a proposed high-rise development, the Tribunal considered requests for party and participant status.

The Tribunal granted party status to two condominium corporations representing adjacent residents, and participant status to two nearby residents.

A second Case Management Conference was scheduled to allow parties to prepare a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on applications for a Zoning By-law Amendment and draft Plan of Subdivision.

The Tribunal scheduled a second Case Management Conference for November 17, 2026, and a 14-day hearing on the merits for January 2027.

The parties were directed to submit a finalized Procedural Order and Issues List.

At a Case Management Conference, the Ontario Land Tribunal considered requests for party and participant status in appeals concerning an Official Plan Amendment, a Zoning By-law Amendment, and a Draft Plan of Subdivision.

The Tribunal granted party status to the Canadian National Railway Company and the Stewarttown Community Association, and participant status to an adjacent landowner.

The Tribunal also ordered that the appeals be heard together and set dates for a 19-day merit hearing.

This was the 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 to permit two 15-storey residential apartment buildings.

The Tribunal granted party status to Metro Ontario Real Estate Limited and the Broadway Area Residents Association, and participant status to the Leaside Residents Association.

The parties were directed to submit a draft procedural order and issues list for the scheduling of a future hearing.

The Tribunal held a second Case Management Conference regarding an appeal against the City of Hamilton's failure to make a decision on an official plan amendment application.

The parties disputed the inclusion of a note in the Draft Procedural Order that would require parties raising technical issues to call expert evidence.

The Tribunal agreed with the added parties that the note was inappropriate, as the Rules of Practice and Procedure do not mandate calling an expert witness to support an issue, and parties may rely on cross-examination.

The note was removed, and a 14-day merit hearing was scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals against the City of Markham's new City-wide Parkland Conveyance By-law No. 2025-101.

The parties requested Tribunal-led mediation, which was subsequently assessed and confirmed.

The Tribunal scheduled a second Case Management Conference for September 2026 to allow the mediation process to proceed.

The Tribunal convened a Case Management Conference for four distinct appeals relating to proposed expansions of the Fergus Urban Centre boundary in the Township of Centre Wellington.

The parties agreed to a phased hearing approach, with Phase 1 addressing overarching population forecasts and land needs assessments, and Phase 2 addressing site-specific issues.

The Tribunal ordered the appeals to be heard together for Phase 1 and granted party status to several requesting entities, including the appellants in each other's appeals, adjacent landowners, and the local school board.

A 14-day hearing was scheduled for Phase 1.

The appellant brought a motion for directions to prohibit the City of Hamilton from seeking an alternative position at the upcoming Phase 2 merit hearing.

The City's alternative position was that if the Tribunal approved an urban boundary expansion, the subject lands should be designated for employment uses rather than residential uses.

The Tribunal found that the approved Issues List did not capture an intent to present employment land needs evidence or support the alternative position.

The motion was granted, prohibiting the City from leading such evidence or seeking the alternative position at the Phase 2 hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit a mixed-use high-density residential and retail/commercial development.

The Tribunal scheduled a six-week video hearing and directed the parties to file a finalized Procedural Order and Issues List.

The appellant appealed the City's failure to make a decision on a zoning by-law amendment application to increase the permitted number of residential units on the subject lands from 93 to 327.

The City argued the application should be evaluated under the older, more restrictive Official Plan in effect when the application was filed, relying on the Clergy Principle, and requested a Holding provision for municipal servicing.

The Tribunal found the Clergy Principle inapplicable as the City's new Official Plan and Zoning By-law supported the proposed built-form.

The Tribunal allowed the appeal and approved the amendment without a Holding provision, finding that servicing could be adequately addressed through the Site Plan Control process.

The appellants appealed the City of Vaughan's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 10-storey residential apartment building.

The City argued the proposal represented overdevelopment and lacked appropriate transition.

The Tribunal preferred the evidence of the appellants' experts, finding the proposal represented appropriate intensification within a Protected Major Transit Station Area, provided a suitable transition to the adjacent low-rise neighbourhood, and conformed to the applicable provincial and municipal planning frameworks.

The appeals were allowed in part on an interim basis, pending finalization of the instruments and a holding provision for servicing capacity.

The City of Brampton brought a motion for directions seeking approval of modifications to its new Official Plan to resolve multiple appeals.

The Tribunal found that the proposed modifications and unmodified policies had regard for matters of provincial interest, were consistent with the Provincial Policy Statement, and conformed to the Greenbelt Plan and the Region of Peel Official Plan.

The Tribunal granted the motion, approving the modifications and unmodified policies without prejudice to the remaining outstanding appeals.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant for the municipality's failure to adopt a requested official plan amendment.

The Tribunal granted participant status to several entities on consent and scheduled a second Case Management Conference for May 22, 2026.

Directions were also given for the submission of an issues list and a draft Procedural Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Friday Harbour Resort Holdings Inc. for a proposed resort development in the Town of Innisfil.

The Tribunal granted party and participant status to several individuals and entities on consent.

A procedural order was issued to govern the upcoming 15-day video hearing scheduled for May 2026.

The Tribunal held a first Case Management Conference regarding appeals for a proposed 55-storey mixed-use development in Toronto.

The Tribunal granted party status to the Toronto Port Authority and participant status to PS Canada Company ULC.

The City raised a jurisdictional issue regarding pending heritage designations under the Ontario Heritage Act.

On consent, the Tribunal scheduled a nine-day hearing commencing November 30, 2026, and directed the parties to provide a status update by March 2, 2026, regarding the anticipated heritage applications and potential consolidation.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal against the City of Hamilton's failure to make a decision on an official plan amendment application for a mixed-use building.

The Tribunal granted participant status to 26 individuals and party status to adjacent neighbours.

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

The applicant appealed the failure of the Township of Centre Wellington and the County of Wellington to make decisions regarding applications for Official Plan Amendments to permit a settlement area boundary expansion.

At the first Case Management Conference, the Tribunal consolidated the two appeals on consent.

The Tribunal also granted participant status to the Upper Grand District School Board and a local resident, while deferring several party status requests to a future Case Management Conference to allow for further discussions among the parties.

The Ontario Land Tribunal issued a procedural order to govern the upcoming hearing regarding Sifton Properties Limited's appeals.

The appeals relate to the City of Brantford's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision for a residential development at 277, 299, and 301 Hardy Road.

The order sets out the procedural dates, parties, participants, and the issues list for the three-day hearing scheduled to commence on March 4, 2026.