Ira Todd Kagan

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

The applications seek to permit a high-density residential development comprising two apartment buildings.

The Tribunal granted participant status to two individuals on consent and approved the Procedural Order to guide the upcoming 12-day video hearing.

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 Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the respondent's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision.

The Tribunal granted party status to the regional municipality and participant status to three local residents.

A 15-day hearing was scheduled for March 2024, and a Procedural Order was issued to govern the proceedings.

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 Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Markham for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a high-density residential and commercial development.

The Tribunal granted party status to the York Region District School Board and a local resident, and participant status to several other individuals.

A 12-day merits hearing was scheduled and a Procedural Order was approved.

The Ontario Land Tribunal convened a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a high-density residential development comprising two apartment buildings.

The Tribunal granted Participant status to two individuals on consent and approved the Procedural Order to guide the upcoming 12-day video hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by multiple landowners against the City of Toronto's adoption of Official Plan Amendment No. 560, which amends the eastern segment of the Sheppard Willowdale Commercial Area Secondary Plan.

The Tribunal approved an updated Procedural Order and Issues List, noting that the City and one appellant, SheppBonn Ltd., were still finalizing their specific issues.

The Tribunal set deadlines for the parties to resolve the outstanding issues and scheduled the hearing.

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 Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated February 28, 2023.

The amendment corrected the date and GoToMeeting login information for the upcoming three-week hearing on the merits, which is now scheduled to commence on April 29, 2024.

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.

A Case Management Conference was held regarding appeals by Burlington 2020 Lakeshore Inc. against the City of Burlington's refusal of Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The Tribunal approved the Procedural Order on consent and scheduled a 15-day hearing on the merits for April 2024, noting that a pending motion review regarding the application date may affect the schedule.

The appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 560, which amends the Sheppard Willowdale Commercial Area Secondary Plan.

At the first Case Management Conference, the parties requested the scheduling of a second CMC to finalize the Procedural Order and Issues List, as well as a 10-day hearing on the merits.

The Tribunal scheduled the second CMC for February 28, 2023, and the 10-day hearing for July 24, 2023.

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 applicants sought a Zoning By-law Amendment (ZBA) to permit the demolition and rebuilding of a cottage partially within a 100-year lakeshore erosion hazard.

The appellant, who owns nearby private roads and a mutual drain, appealed the Township's approval of the ZBA, arguing the development was premature due to unresolved issues with the deteriorating drain and private roads.

The appellant requested the ZBA be refused or approved subject to a holding symbol requiring the parties to address the infrastructure issues.

The Tribunal dismissed the appeal, finding the proposed development represents good planning, will not exacerbate existing drainage issues, and that a ZBA appeal is not the appropriate forum to resolve private or wider infrastructure disputes.

The appellant appealed the Town's failure to render a decision on a zoning by-law amendment application to permit the construction of 18 townhomes.

At the first Case Management Conference, the Tribunal granted participant status to two individuals.

One individual initially requested party status but was granted participant status after confirming he would not call expert evidence.

The Tribunal also approved the Procedural Order and Issues List and scheduled a second Case Management Conference and an 8-day hearing.

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 applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment that permitted a commercial development including self-storage units.

The appellant failed to file responding materials or present any evidentiary basis to support its appeal.

The Tribunal found that the appeal did not disclose any apparent land use planning ground and had no reasonable prospect of success, as the appropriateness of the self-storage use had already been determined through an in-force official plan amendment.

The motion was granted and the appeal was dismissed without a hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for Official Plan and Zoning By-law amendments.

The applications seek to permit a six-storey residential apartment building with commercial uses at grade.

The Tribunal issued a Procedural Order on consent, setting the hearing dates, procedural steps, and the final Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Auto Complex Ltd. against the City of Vaughan's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a proposed high-density mixed-use development at 7200 Yonge Street.

The Tribunal granted party and participant status to several entities and scheduled a further Case Management Conference and a 14-day hearing for 2023.