Jasmine Fraser

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant from the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The application seeks to increase the height of an under-construction mixed-use building by 9 storeys.

The Tribunal granted party status on consent to several adjacent property owners and local residents' associations.

A second Case Management Conference was scheduled to finalize the procedural order and issues list.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals of the City of Guelph's Official Plan Amendment No. 79, which introduced the Clair-Maltby Secondary Plan.

The Tribunal granted party status to Timberworx Custom Homes Inc. and provisional party status to Foundation for the Support of International Medical Training Inc. A second Case Management Conference was scheduled to finalize the Procedural Order and Issues Lists, and an eight-week merit hearing was scheduled to commence in January 2024.

The applicants appealed a Committee of Adjustment decision denying their application under s. 45(2)(b) of the Planning Act to permit a dog food production facility on their property.

The property was zoned Rural General, which permitted kennels and accessory uses.

The Tribunal found that the dog food processing business, which supplied internet customers and retail stores, was an independent use and not accessory to the kennel.

The Tribunal also held that s. 45(2)(b) did not apply because the zoning by-law defined kennel and accessory uses specifically, not in general terms.

The appeal was dismissed.

The Applicant appealed the City of Toronto's failure to make a decision on Zoning By-law Amendment applications within the statutory timeframe.

Following a settlement hearing where the Tribunal approved the amendments in principle, the parties requested a status update hearing.

The Tribunal ordered the parties to submit the final draft Zoning By-law Amendments and confirm all pre-requisites are satisfied by August 5, 2022.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a residential development.

Prior to the hearing, the parties reached a settlement for a revised proposal consisting of a 5-storey, 129-unit condominium apartment building.

Based on the uncontroverted expert land use planning evidence, the Tribunal found the revised proposal consistent with provincial policy and in the public interest.

The Tribunal granted the zoning appeal in part and granted site plan approval in principle, withholding the final order pending finalization of conditions.

Several parties appealed the Regional Municipality of York's approval of the new Official Plan for the Township of King.

During a phased hearing process, five appellants reached a settlement with the Township regarding site-specific and area-specific policies.

The Tribunal accepted uncontested expert planning evidence that the proposed modifications to the Official Plan were consistent with the Provincial Policy Statement, conformed to applicable provincial and regional plans, and represented good land-use planning.

The Tribunal allowed the appeals in part to implement the settlement and scheduled a case management conference for the remaining Phase 2 appeals.

A Case Management Conference was held regarding appeals of the Regional Municipality of York's decision to approve the new Official Plan for the Township of King.

The parties had difficulty agreeing on dates for the phase two hearing due to counsel availability and the potential for some issues to be resolved by Township Council.

The Tribunal scheduled a further status hearing and split the phase two hearing into two parts to accommodate counsel availability and allow parties to devise strategies for the presentation of evidence.