Jason Fraser

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal approved a partial settlement between the City and the Guelph & District Home Builders’ Association, finding it represented good land use planning and was consistent with provincial policies.

The Tribunal also established a Procedural Order and scheduled a three-week merits hearing for the remaining appeals.

The appellant appealed a denial by the Committee of Adjustment for a consent to sever an existing residential lot into two lots and associated minor variances.

After two initial hearing dates, the hearing was not completed.

The Tribunal issued an interim decision to schedule the continuation of the hearing for May 27, 2026.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals against the City of Markham's new City-wide Parkland Conveyance By-law No. 2025-101.

The parties requested Tribunal-led mediation, which was subsequently assessed and confirmed.

The Tribunal scheduled a second Case Management Conference for September 2026 to allow the mediation process to proceed.

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

The Tribunal received updates on various issue-specific and site-specific appeals, noting ongoing settlement discussions.

The Tribunal directed all appellants to provide written updates to the City regarding their intentions to continue settlement discussions or provide an issues list, and scheduled a further Case Management Conference for June 2026.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by 789 Don Mills Developments Inc. against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications.

The parties requested a fourth CMC to allow time for City Council to consider a potential settlement offer.

The Tribunal granted the request, scheduling a fourth CMC for January 28, 2025, and ordered that a related Ontario Heritage Act appeal be carried forward administratively.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant concerning the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Approval.

The Tribunal granted party status to three entities on consent.

The Tribunal also ordered that the Site Plan Application appeal be determined separately from the Zoning By-Law Amendment appeal.

A 9-day hearing was scheduled for August 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals from the municipality's failure to make decisions on Official Plan, Zoning By-law, and Site Plan applications for a multi-phased development.

The parties advised that active settlement discussions were underway, including regarding a related heritage appeal.

The Tribunal scheduled a third Case Management Conference to provide a status update on settlement discussions and set a 10-day hearing on the merits in the event a settlement is not reached.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Curated North Inc. against the City of Markham's failure to decide on Official Plan and Zoning By-law Amendment applications for a 40-storey residential building.

The Tribunal granted party status to Canadian National Railway Company and Sunfield Homes Ltd., and participant status to a local residents' group.

Over the City's objections that a hearing would be premature pending an ongoing land use study, the Tribunal scheduled a 12-day merit hearing for September 2024 and a second CMC for January 2024, approving the Procedural Order and Issues List.

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

The parties requested a revised procedural order with a staggered schedule for document exchange to allow more time for ongoing settlement discussions.

The Tribunal approved the revised procedural order, finding that the staggered approach would not prejudice any party and would provide flexibility for continued settlement efforts.

A fourth Case Management Conference was scheduled for December 5, 2023.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant against the City of Kawartha Lakes for failing to approve a Site Plan Amendment application for a 6-storey rental apartment building.

The Tribunal granted participant status to five individuals on consent.

A one-day video hearing was scheduled, and the parties were directed to submit a draft Procedural Order and Issues List.

The applicant appealed to the Ontario Land Tribunal under the Planning Act due to 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 the development of 48 stacked townhomes.

This document contains only the proceeding header and lists the parties and counsel.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 789 Don Mills Developments Inc. against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications.

The Tribunal granted party status to Donmeg Developments Limited and participant status to Toronto Standard Condominium Corporation 2818 on consent.

A second Case Management Conference was scheduled for November 15, 2023, to allow the City time to review revised plans and obtain instructions.

The applicant appealed the failure of the Township of King to make decisions on official plan amendment, zoning by-law amendment, and site plan applications for a mid-rise residential and commercial development.

Following a prior decision endorsing a settlement, the Tribunal held a written hearing to consider the finalized site plan and conditions.

Relying on uncontested expert planning evidence, the Tribunal found the site plan application consistent with provincial policies and local plans.

The Tribunal allowed the appeal in part and granted interim approval of the site plan, withholding the final order until the site plan agreement is executed.

The Tribunal held a settlement hearing regarding an appeal of the Township of King's Official Plan by Yellow Horizon Homes Ltd. The appellant sought site-specific modifications to permit an eight-unit residential development on its property.

Based on the uncontested expert planning evidence, the Tribunal found that the proposed modifications were consistent with the Provincial Policy Statement, conformed to the Growth Plan and the Oak Ridges Moraine Conservation Plan, and represented good planning.

The Tribunal allowed the appeal in part and approved the site-specific modifications to the Official Plan.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its March 14, 2023 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the list of appearances was amended to add S. Kaufman as counsel for three of the parties.

In all other respects, the original decision remains unchanged.

The Tribunal held a Case Management Conference regarding appeals of Official Plan Amendment 582 (University of Toronto Secondary Plan).

The Tribunal approved a settlement between the City of Toronto and the appellants Basilian Fathers of Toronto and Daniels HR Corporation concerning the property at 95 St. Joseph Street.

Based on uncontested expert planning evidence, the Tribunal found the site-specific modification to OPA 582 consistent with provincial policies and good planning.

The appeal was allowed in part to implement the settlement, while the remainder of OPA 582 remains unapproved pending resolution of the other appeals.

The applicant appealed the City of Guelph's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a 25-storey mixed-use building.

Following an interim decision approving the amendments in principle, the parties reached a settlement on the remaining issue of Holding provisions related to sanitary servicing capacity.

The Tribunal found the final instruments satisfied all legislative requirements and allowed the appeals in part to approve the amendments.

The Tribunal held a Case Management Conference to address remaining appeals to the Region's approval of the Township's Official Plan.

The Tribunal approved a settlement between the Region, Township, and 1186675 Ontario Ltd. regarding an aggregates storage and distribution yard, modifying the Official Plan accordingly.

The Tribunal also scheduled a hearing for Flato/Wyview and a further CMC for Yellow Horizon.

The appellant appealed the City's refusal of a minor variance application and failure to decide on a site plan application for a proposed 12-storey mixed-use building.

The parties reached a settlement and presented uncontroverted expert planning evidence supporting the revised proposal.

The Tribunal found that the requested variances met the four tests under s. 45(1) of the Planning Act, being consistent with provincial policies and maintaining the general intent of the Official Plan and Zoning By-law.

The appeal was allowed in part, and the variances were authorized subject to agreed-upon conditions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.

The City advised that settlements had been reached with several parties and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing for May 19, 2022, and a two-week merits hearing commencing July 4, 2022.