Isaac Tang

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on applications for a 34-storey mixed-use building.

The parties agreed to submit a draft Procedural Order and Issues List.

The Tribunal scheduled a five-day video hearing to commence on June 9, 2025, and directed the parties to finalize the Procedural Order by December 9, 2024.

The Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct typographical errors in a decision issued on October 16, 2024.

The amendments included replacing an attachment, correcting the spelling of 'Brampton', and correcting the word 'sized' to 'seized'.

The appellant appealed the municipality's failure to make a decision on a zoning by-law amendment application for a mixed-use development.

At the first Case Management Conference, the Tribunal granted participant status to a local resident and denied the appellant's request to limit the participant's written statement, finding no statutory requirement for the participant to have made submissions at a public meeting for an appeal under s. 34(11) of the Planning Act.

A second Case Management Conference was scheduled to allow for mediation in related appeals.

The Ahmadiyya Muslim Jama'at Canada applied for an Official Plan Amendment and Zoning By-law Amendment to permit the development of a cemetery and accessory uses on lands designated as a prime agricultural area.

Neighbouring landowners appealed the municipal approvals under the Planning Act and the Funeral, Burial and Cremation Services Act.

The Tribunal found that the proposed cemetery is consistent with the Provincial Policy Statement, as there is an identified need for an Ahmadiyyan cemetery and no reasonable alternative locations exist.

The Tribunal also found that hydrogeological and traffic impacts can be appropriately managed through Site Plan Control.

The Tribunal concluded that the establishment of the cemetery is in the public interest, noting the Ahmadiyyan community's lack of a faith-based cemetery in Ontario.

The Planning Act appeals were allowed in part to implement the applicant's requested modifications to the planning instruments, and the FBCSA appeals were dismissed.

At a third Case Management Conference regarding appeals for a proposed 60-storey mixed-use development at 295 Jarvis Street, the Tribunal considered a late request for party status from a tenant of the subject property.

Given extenuating circumstances and the consent of the parties, the Tribunal granted the tenant party status.

The Tribunal also scheduled a hearing in writing to consider a settlement agreement reached between the parties.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision to permit the redevelopment of portions of an existing golf course into residential lots and a mid-rise or townhouse block.

The City and local residents' associations opposed the development, arguing it would result in the loss of open space, remove mature trees, and undermine the character of the established community.

The Tribunal allowed the appeals in part, finding that the proposed development represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and Regional Official Plan.

The Tribunal preferred the applicant's expert evidence that the development is compatible with the existing neighbourhood, appropriately manages stormwater and natural hazards, and provides needed housing through intensification.

The applicant appealed the City of Richmond Hill's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development.

The parties reached a settlement on a revised proposal for two residential towers connected by a podium.

Based on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and representative of good planning.

The Tribunal allowed the appeals in part, approving the Official Plan Amendment and approving the Zoning By-law Amendment in principle, withholding its final order pending the finalization of the zoning by-law.

The Ontario Land Tribunal held a first Case Management Conference regarding various appeals of the City of Brampton's Official Plan Amendment for interim policies of Major Transit Station Areas.

The parties requested a second CMC to allow time to narrow the Issues List and prepare a draft Procedural Order.

The Tribunal scheduled a second CMC for May 30, 2024, to proceed by video.

A case management conference was held regarding an appeal of a zoning by-law amendment to permit a 250-suite hotel development in Toronto.

The Tribunal granted participant status to two community groups on consent.

A seven-day video hearing was scheduled for October 2024, and a procedural order was issued to govern the proceedings.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a 34-storey mixed-use building.

The Tribunal granted party status to The Hospital for Sick Children and participant status to two condominium corporations.

A second Case Management Conference was scheduled for September 3, 2024, to allow the parties to finalize the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 17 Elm GP Inc. against the City of Toronto for failing to make decisions on Zoning By-law Amendment and Site Plan Approval applications within statutory timeframes.

The Tribunal granted party status to Toronto Community Housing Corporation, Westerkirk Capital Inc., and The Hospital for Sick Children, and participant status to TSCC2920.

The Tribunal directed the parties to finalize a Procedural Order and Issues List and scheduled a 10-day merit hearing to commence by video on January 13, 2025.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

The Ontario Land Tribunal held a case management conference regarding appeals by 295 Jarvis LP against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 60-storey mixed-use building.

On consent, the Tribunal granted party status to the Toronto Community Housing Corporation and approved the Procedural Order and Issues List for the upcoming hearing.

The appellants appealed the Region of Halton's approval of Official Plan Amendment No. 54 (the Trafalgar Secondary Plan) to the Town of Milton Official Plan.

Following negotiations, the parties reached a partial settlement regarding approximately 61 policies, leaving 16 policies unresolved.

Based on the uncontroverted expert planning evidence, the Tribunal found the resolved policies were consistent with provincial policy and represented good planning.

The Tribunal allowed the appeals in part, modifying and approving the resolved policies while withholding approval on the unresolved policies.

A Case Management Conference was held regarding appeals against the Town of Bradford West Gwillimbury's approval of a zoning by-law amendment, official plan amendment, and cemetery establishment for a property owned by Ahmadiyya Muslim Jama’at Canada.

The Tribunal ordered that the appeals under the Planning Act and the Funeral, Burial and Cremation Services Act be heard together, added parties to the proceedings, and approved a revised Procedural Order and Issues List for the upcoming 17-day merit hearing.

The Tribunal approved a settlement resolving Phase 2 and Phase 3 of appeals concerning Official Plan Amendment No. 32 (OPA 32) for the Southwest Georgetown Lands in the Town of Halton Hills.

The settlement modifies OPA 32 to establish a secondary plan permitting approximately 9,300 dwelling units, commercial and institutional uses, and a transportation network.

Based on uncontroverted expert planning evidence, the Tribunal found the modified OPA 32 is consistent with the Provincial Policy Statement, conforms to the Growth Plan and Regional Official Plan, and represents good planning.

The appeals were allowed in part to approve the modifications, and the related private official plan amendment appeals were dismissed.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by 9218 Yonge Street Inc. for a high-density mixed-use development in the City of Richmond Hill.

The Tribunal reviewed and approved an updated Procedural Order and Issues List, which had been scoped following the applicant's resubmission to the City.

The parties were directed to continue settlement discussions and advise the Tribunal if a settlement is reached prior to the scheduled 12-day hearing.

This was the second Case Management Conference regarding appeals of Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan for the Town of Milton.

The parties advised the Tribunal of productive settlement discussions and requested a written hearing to consider a motion for partial approval of the Secondary Plan.

The Tribunal scheduled the written hearing for January 19, 2024, and a third Case Management Conference for February 26, 2024, to address further scheduling and procedural matters.

The appellant appealed the City's failure to make a decision on Zoning By-law Amendment and Site Plan Approval applications for a proposed 25-storey mixed-use building.

Prior to the hearing, the parties reached a settlement on a revised 22-storey proposal.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the City's Official Plan.

The Tribunal allowed the appeal in part and approved the revised Zoning By-law Amendment, while the Site Plan Approval appeal remains outstanding.

The Tribunal held a second Case Management Conference regarding appeals from the City of Mississauga's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed five-tower mixed-use development.

The Tribunal approved the finalized Procedural Order and Issues List, scheduled a 14-day merit hearing for September 2024, and set dates for a further teleconference update.