Jamie Cole

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The Ontario Land Tribunal held a Case Management Conference to receive status updates on the remaining appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

The appellant appealed the City of Toronto's comprehensive Zoning By-law No. 569-2013, seeking to have site-specific exceptions from a former by-law continue to apply to its lands.

The parties reached a settlement and requested the Tribunal to approve a revision to the by-law.

Based on uncontroverted expert planning evidence, the Tribunal found the revision represented good planning, maintained the intent to harmonize zoning by-laws, and provided clarity.

The appeal was allowed in part to implement the agreed-upon zoning by-law amendments.

The Applicant appealed the City of Mississauga's failure to make a decision on an application to remove a holding symbol to permit a mixed-use development.

At the first Case Management Conference, the parties advised they were engaged in active settlement discussions.

The Tribunal scheduled a second Case Management Conference, which may be converted into a settlement hearing, and directed the parties to advise of any settlement prior to the next hearing date.

The Tribunal convened a second Case Management Conference regarding appeals against the City of Mississauga's Community Benefits Charge By-law.

The Tribunal confirmed that a previous consolidation order only applied to the jurisdictional question of varying the 4% charge prescribed by regulation, and that any decision on that motion would be without prejudice to the other appellants' issues.

The Tribunal ordered that further proceedings be suspended until the decision on the consolidated motion is final and binding.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its previous decision dated August 1, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the appearances list without prior notice to the parties.

In all other respects, the original decision remains unchanged.

A Case Management Conference was held regarding multiple appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received status updates on various phases and topic-specific appeals, including parking, cemeteries, multi-tenant housing, places of worship, propane storage, and school boards.

Several appeals were noted as withdrawn or resolved.

The Tribunal scheduled dates for the submission of motion materials and written hearings to resolve Phases 3 and 4, as well as Appeal No. 62.

A further Case Management Conference was scheduled for November 6, 2023.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by the applicant against the municipality's failure to adopt requested official plan and zoning by-law amendments.

The amendments seek to permit the construction of two 20-storey high-rise residential condominium buildings.

The order sets out the organization of the hearing, requirements before the hearing, 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 requested a last-minute adjournment of the third Case Management Conference to facilitate ongoing settlement discussions regarding appeals of a zoning by-law amendment and official plan amendment for a 21-storey residential building.

All parties consented to the request.

The Ontario Land Tribunal granted the adjournment and scheduled a fourth Case Management Conference.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

The Tribunal granted party status to a new property owner, noted the withdrawal of one appeal, and scheduled a third Case Management Conference to allow the parties to finalize the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 545 Eglinton LP Inc. against the City of Toronto's refusal of an Official Plan Amendment and neglect to decide on a Zoning By-law Amendment for a 21-storey residential building.

Akelius Ltd. was granted party status on consent.

The Tribunal directed the parties to refine their issues list and scheduled a further one-day Case Management Conference to finalize the Procedural Order.

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 City of Toronto's failure to make a decision on its zoning by-law amendment and site plan applications for a 25-storey residential development.

At the first Case Management Conference, the Tribunal granted party status to an incorporated neighbourhood group that intended to call expert evidence.

The Tribunal denied party status to a residents' association that did not intend to retain counsel or call expert witnesses, granting it participant status instead.

A second Case Management Conference was scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make a decision on Zoning By-Law Amendment and Site Plan Approval applications for a 14-storey mixed-use development.

The Tribunal scheduled a 9-day hearing to commence in August 2023 and directed the parties to finalize the issues list and procedural order by January 2023, accommodating delays caused by the upcoming municipal election.

The applicants appealed the City of Toronto's denial of minor variances required to permit the construction of two mixed-use residential buildings (19 and 22 storeys) on an underutilized site.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the revised proposal meets the four tests under the Planning Act, conforms to the Growth Plan and City Official Plan, and is consistent with the Provincial Policy Statement.

The Tribunal allowed the appeal and authorized the variances subject to conditions, including those required to protect the helicopter flight path for the Hospital for Sick Children.

The appellant appealed the City's failure to make a decision on a site plan application and the Committee of Adjustment's refusal of minor variances for a mixed-use development with three tall buildings.

At a settlement hearing, the Tribunal heard uncontested planning evidence supporting the revised proposal, which increased building heights and added a podium.

The Tribunal found the variances met the four tests under the Planning Act, authorized the variances subject to a section 37 agreement condition, and adjourned the site plan appeal on consent.

The applicant appealed the City of Toronto's neglect or refusal to enact a zoning by-law amendment to permit a 19-storey mixed-use building.

Following a case management conference, the Ontario Land Tribunal issued a procedural order on consent to govern the organization and conduct of the upcoming 10-day video hearing.

A Case Management Conference was held regarding appeals against the City of Toronto's Development Charge By-law No. 1347-2013.

Most appeals had been resolved or withdrawn, leaving only the appeal by the Humber Bay Landowners Group Inc., which is contingent on the outcome of related civil litigation.

The City requested that the remaining appeal be dismissed, but the Tribunal declined, instructing the City to bring a formal motion if it wished to pursue dismissal.

The City confirmed it would not bring a motion, and the Tribunal directed the appellant to provide an update once the civil litigation concludes.