Ira Todd Kagan

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the respondent's failure to make a decision on a zoning by-law amendment application for a 29-storey building.

The Tribunal granted participant status to a local resident, directed the respondent to provide its Issues List, and scheduled a second Case Management Conference and a five-day merit hearing.

This was the second Case Management Conference regarding appeals by Auto Complex Ltd. from the City of Vaughan's failure to make decisions on an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for 7200 Yonge Street.

Morguard Corporation requested and was granted Party status on consent.

The Tribunal directed the parties to submit the final Procedural Order and Issues List by September 11, 2023, ahead of the merit hearing scheduled for November 14, 2023.

The applicant appealed the City of Hamilton's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use building or retirement home.

Prior to the hearing, the applicant reached settlement agreements with the City and the Niagara Escarpment Commission.

Based on the uncontested expert planning evidence, the Tribunal found the revised instruments consistent with provincial policies and local plans.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant concerning the municipality's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision.

The proposed development includes multiple apartment buildings and townhouses.

The hearing is scheduled to commence on March 4, 2024, for 15 days.

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 issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

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 appellant appealed the City's failure to adopt an official plan amendment to establish a secondary plan for a large master-planned community.

All parties except one landowner reached a settlement.

The opposing landowner argued the plan did not conform to the Greenbelt Plan due to proposed collector roads crossing the Greenbelt, and sought to have its lands excluded.

The Tribunal found that the approved Municipal Class Environmental Assessment (MCEA) established conformity with the Greenbelt Plan and that the Tribunal should rely on it.

The Tribunal also found no planning basis to exclude the opposing landowner's lands from the comprehensive secondary plan.

The appeal was allowed in part to approve the settlement plan in principle.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals from the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, Site Plan Approval, and Plan of Subdivision, as well as an appeal regarding a heritage designation.

The Tribunal granted party status to three adjacent property owners and participant status to a neighbourhood association.

A 10-day hearing was scheduled for August 2024, and the parties were directed to finalize the Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1306497 Ontario Inc. for a proposed transit-oriented development in the City of Vaughan.

The Tribunal granted party status to eleven requesters and participant status to one ratepayers association without objection.

The Tribunal directed the applicant to finalize the Procedural Order and Issues List for submission by July 11, 2023, and scheduled a five-day hearing on the merits for April 2024.

The appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 560 (OPA 560), which established the new Sheppard Willowdale Secondary Plan.

Prior to the scheduled hearing, the parties reached a settlement.

Based on the uncontested land use planning evidence of the City's planner, the Tribunal found that the proposed modifications to OPA 560 were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and represented good planning.

The Tribunal allowed the appeals in part and approved the modified OPA 560.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals in Phase 6G.

Additionally, the Tribunal heard a motion by the City to settle appeals brought by Amexon Realty Inc. concerning lands at 701-703 Evans Avenue.

Based on uncontested land use planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential and sensitive uses on a portion of the site while prioritizing office commercial uses and securing affordable housing.

The Amexon appeals were allowed in part to implement the settlement.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals.

Additionally, the Tribunal heard and approved a settlement motion regarding the appeals by Amexon Realty Inc. for lands at 701-703 Evans Avenue.

Based on uncontested planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential uses on a portion of the site while prioritizing office commercial uses.

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.

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 appellant appealed the municipality's Community Benefits Charge By-law under s. 37(17) of the Planning Act, arguing that the calculation method failed to exclude existing pre-development buildings.

The parties reached a settlement to amend the by-law to align with recent changes introduced by Bill 23 to s. 37(32) of the Planning Act.

Supported by expert land economics evidence, the Tribunal found the proposed amendment consistent with provincial policies and applicable official plans.

The appeal was allowed in part to amend the by-law accordingly.

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.