Ira Todd Kagan

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 second Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The Tribunal directed the parties to provide specific land use planning policy references in their Issues List and declined to create a common interest class for parties with similar issues.

A 15-day video hearing was scheduled for October 2023, and the parties were ordered to submit a revised draft Procedural Order.

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.

At a Case Management Conference for appeals regarding a proposed mixed-use development in Burlington, the Ontario Land Tribunal granted party status to the Regional Municipality of Halton and two hotel operators, and participant status to four area residents.

The Tribunal scheduled a one-day motion hearing to determine the applicability of certain Regional Official Plan policies, deferring the scheduling of the hearing on the merits until after the motion is decided.

Multiple appeals were filed regarding the Yonge Steeles Corridor Secondary Plan (YSCSP) and related site-specific zoning and subdivision applications in the City of Vaughan.

Following extensive study and settlements among the parties, the Tribunal approved modifications to the YSCSP that facilitate a transition from low-density, automobile-oriented commercial uses to a high-density, transit-supportive, mixed-use community.

The approved plan directs the tallest buildings to the Yonge-Steeles intersection, incorporates new street networks, and requires substantial linear parkland.

The Tribunal found the modified YSCSP consistent with the Provincial Policy Statement and in conformity with the Growth Plan and Regional Official Plan.

Two specific policies regarding parking and holding provisions, along with site-specific zoning and subdivision appeals, were deferred to a subsequent hearing phase.

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 regarding appeals by the applicant against the Township's refusal of consent applications to sever several properties.

The Tribunal granted party status to the County of Simcoe on consent.

The Tribunal also approved the parties' draft Procedural Order and Issues List, and scheduled a three-day video hearing for December 2022.

The applicant appealed a site-specific zoning by-law that limited development to 6 storeys and 31 metres in height.

Prior to the hearing, the parties reached a settlement to permit a 9-storey mid-rise apartment building within the same 31-metre height limit, subject to a section 37 agreement for the additional height.

The Tribunal accepted uncontested expert planning evidence that the revised by-law amendment conforms to provincial and municipal policies, represents appropriate intensification near a transit corridor, and constitutes good land use planning.

The appeal was allowed in part to implement the settlement.

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 appellant appealed the City of Toronto's failure to adopt a requested Official Plan and Zoning By-law amendment to permit a mixed-use development with 25 and 34-storey towers near the Davisville subway station.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement, in conformity with the Growth Plan, and representing good planning.

The Tribunal allowed the appeal in part, approving the Zoning By-law amendment in principle, and withheld its final order pending the fulfillment of several conditions including a Section 37 agreement and heritage approvals.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 7080 Yonge Limited against the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a mixed-use high-rise development.

The Tribunal granted participant status to one individual and party status to nine entities on consent.

A second Case Management Conference was scheduled to finalize the Procedural Order, Issues List, and set a hearing date.

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.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated May 11, 2022.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the amendment replaced the second Title of Proceeding.

In all other respects, the original decision remains unchanged.

The applicant appealed the Town's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision for a residential development in Mount Albert.

At a settlement hearing, all parties agreed to the proposed instruments.

The Tribunal accepted uncontested expert planning evidence that the development satisfies statutory requirements and represents good planning.

The Tribunal found the instruments suitable for approval but withheld its final order pending the applicant's satisfaction of the Region's pre-conditions regarding water and wastewater services.

Following a two-phase hearing regarding the Yonge & Bernard Key Development Area Secondary Plan, multiple parties brought motions for costs against North Elgin Centre Inc. (NEC).

The moving parties alleged that NEC's counsel engaged in unreasonable, frivolous, and vexatious conduct, including refusing to scope issues, failing to call evidence after indicating an intention to do so, conducting improper cross-examinations, and repeatedly ignoring Tribunal directions.

The Tribunal agreed, finding NEC's conduct to be reprehensible and outrageous.

Costs were awarded to the moving parties on a full indemnity basis, totaling $202,890.63.