Jasmine C. M. Fraser

The moving party sought a declaration that a new standalone residential building (a second house on a 53-acre property) was exempt from development charges under s. 2(3.3)1 of the Development Charges Act.

The Ontario Land Tribunal interpreted the provision, finding that the exemption applies to a second residential unit within a new building, not to a new standalone building itself.

The Tribunal dismissed the motion, concluding that the future dwelling did not qualify for the exemption and development charges were payable.

The Township of King brought a motion seeking a determination that it had jurisdiction under section 34 of the Planning Act to pass By-law 12, which amended its zoning by-law to require applicants to demonstrate no adverse ecological impacts on the Oak Ridges Moraine before certain uses were permitted.

The Appellant argued this amounted to illegal conditional zoning and an attempt to circumvent Bill 23's removal of site plan control for small residential developments.

The Tribunal found that By-law 12's reliance on an extra-statutory conformity review process to crystalize use permissions constituted illegal conditional zoning and an unauthorized attempt to reinstate site plan control.

The Tribunal concluded the Township did not have the authority to pass the by-law.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by SLH Lakeshore Inc. concerning the City of Toronto's failure to make a decision on zoning by-law amendment and site plan control applications.

The applications propose a mixed-use development with two residential towers.

The order sets out the schedule for the exchange of evidence, witness statements, and other pre-hearing requirements leading up to an 8-day video hearing scheduled to commence on May 26, 2025.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to and including a 15-day hearing scheduled to commence on February 10, 2025.

The hearing concerns appeals by the applicant regarding the City's failure to make a decision on a Zoning By-law Amendment and failure to approve a Site Plan Control application for a mixed-use development.

The appellant brought a motion seeking the Tribunal's approval of a settlement agreement with the Township of King regarding site-specific modifications to the new Comprehensive Zoning By-law No. 2022-053.

The modifications change the zoning of the subject property from 'Future Use' to 'Hamlet Residential – Future' to provide clarity for future residential lot creation, consistent with the Official Plan.

Based on uncontroverted expert planning and ecological evidence, the Tribunal found the modifications represent good land use planning, are consistent with provincial policies, and are in the public interest.

The motion was granted and the zoning by-law was amended accordingly.

The appellant appealed the Township of King's new Comprehensive Zoning By-law No. 2022-053 on a site-specific basis regarding a property at 675 Kettleby Road.

Prior to the hearing, the parties reached a settlement agreement proposing a site-specific exception zone to permit additional agricultural and agricultural-related uses.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications consistent with provincial and local policies and representative of good land use planning.

The appeal was allowed in part to implement the settlement.

The appellants brought a motion seeking approval of a settlement agreement with the Township of King regarding an appeal of a comprehensive zoning by-law.

The settlement proposed site-specific modifications to permit additional uses on the Charing Cross Property and a deferral of the appeal concerning the Ontario Inc. Property pending a corridor land use study.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications represented good land use planning and the deferral was appropriate.

The motion was granted, the zoning by-law was amended accordingly, and the remaining portion of the appeal was deferred sine die.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals of the Township of King's Comprehensive Zoning By-law No. 2017-66.

The Tribunal ordered that issues raised by 611428 Ontario Limited regarding the 'Future Use' zone in the Township's Rural By-law (ZBL 2022-053) be heard together with the subject appeals.

A Procedural Order and Issues List were approved, and a four-day video hearing was scheduled for November 2024.

At a Case Management Conference regarding appeals of the Township of King's Comprehensive Zoning By-law No. 2017-66, the Tribunal considered a request to hear the appeals together with certain issues raised in a separate appeal of the Township's Rural Zoning By-law No. 2022-053.

The Tribunal found it appropriate to hear the overlapping issues regarding 'Future Use' zones together.

A Procedural Order and Issues List were approved, and a four-day video hearing was scheduled.

The Ontario Land Tribunal held a fourth Case Management Conference regarding multiple appeals of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The Tribunal granted requests to adjourn several site-specific appeals sine die pending the completion of a land use study and ongoing settlement discussions.

The Tribunal also noted the withdrawal of certain appeals and ordered that the un-appealed portions of the zoning by-law pertaining to the Highway 11 Corridor be deemed to have come into force on the day the by-law was passed.

The appellant brought a motion to resolve its site-specific appeal of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The parties reached a settlement agreement to add an exception provision for the subject property, which was previously zoned for rural employment.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modification was consistent with provincial policies, conformed to applicable official plans, and represented good land use planning.

The Tribunal allowed the appeal in part and modified the zoning by-law accordingly.

This was the third Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

Several appellants withdrew their appeals or party status requests.

The Tribunal scheduled future motions to consider settlement agreements for several appellants.

The Tribunal also heard and approved a settlement agreement between Appellant 13 (Northern Wide Plank Flooring Inc.) and the Township, modifying the zoning by-law to add an exception provision for the subject property, finding it consistent with provincial policies and good land use planning.

The appellants brought a motion to approve a settlement of their site-specific appeals against the Township's new Comprehensive Zoning By-law No. 2022-053.

The settlement proposed site-specific zoning exceptions to permit additional on-farm diversified uses and to rezone certain lands to Greenbelt Natural Heritage.

Relying on uncontroverted expert land use planning evidence, the Tribunal found the proposed modifications aligned with good land use planning, conformed to applicable provincial and municipal policies, and satisfied all legislative tests.

The motion was granted and the appeals were allowed in part to implement the settlement.

This was the second Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

The Tribunal held certain party status requests in abeyance, approved the scoping of several appeals, and established a Procedural Order and Issues List for two phased hearings.

The Tribunal also scheduled a motion for the Township to seek approval of the un-appealed portions of the by-law and inverted a previous consolidation of a site-specific appeal.

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.

The applicant appealed the Township of King's comprehensive zoning by-law regarding its failure to recognize an approved consent and incorporate appropriate modifications for a site-specific exception zone.

The parties reached a settlement proposing minor modifications to clarify farm help dwelling permissions and add zoning standards.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications consistent with the Provincial Policy Statement and in conformity with applicable provincial and municipal plans.

The motion was granted and the zoning by-law was amended accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals of the Township of King's new Comprehensive Zoning By-law 2022-053.

The Tribunal granted participant status to one requestor and deferred two party status requests to a second CMC.

The Tribunal also consolidated two related appeals and set a schedule for a written motion regarding a settlement reached by one of the appellants.

A second CMC was scheduled to finalize the procedural order and issues list.