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Zoning appeal allowed and by-laws amended following a settlement for a 28-storey mixed-use building.
The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a 28-storey mixed-use residential building.
Prior to the hearing, the parties reached a settlement.
Based on uncontroverted expert land use planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.
The appeal was allowed and the zoning by-laws were amended accordingly.
First CMC held; neighbourhood association granted participant status without prejudice to future party status request.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by DASH (QS) Inc. for a zoning by-law amendment and site plan approval to permit a 31-storey mixed-use building in Toronto.
The St. Lawrence Neighbourhood Association requested party status but was instead granted participant status on consent, without prejudice to seeking party status at the next CMC.
The Tribunal scheduled a second CMC and a seven-day hearing for 2023, directing the parties to prepare a draft Procedural Order and Issues List.
City of Toronto by-law imposing emergency accommodation fees on landlords for displaced tenants quashed for illegality.
The applicant apartment association applied to quash City of Toronto By-laws 1121-2019 and 1750-2019, which required apartment owners to provide emergency accommodations to displaced tenants and imposed a full cost recovery fee on landlords if the City provided those services.
The court held that the City lacked the legislative authority to require landlords to provide emergency social services regardless of the cause of the building becoming uninhabitable.
The court quashed the specific provisions imposing the fee and the requirement to provide emergency social services, while upholding the remainder of the by-laws.
Tribunal issues procedural order and schedules hearing dates for Phase 6C appeals of OPA 231.
The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.
The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.
Tribunal approves settlement modifying Official Plan Amendment 478 for transit-oriented development near Main Street Station.
Multiple appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 478 (OPA 478), which provides area-wide policies for lands near the Main Street TTC Station and Danforth GO Station.
At a settlement hearing, the Tribunal considered proposed modifications to OPA 478 that clarify the provision of new streets, parks, built form standards, and municipal services.
Based on uncontested expert planning evidence, the Tribunal found that the modified OPA 478 is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good land use planning.
The Tribunal allowed the appeals in part and approved the modified OPA 478.
Appeal allowed in part to implement a settlement for a high-density mixed-use development.
The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a high-density mixed-use development at 6 Dawes Road.
Following mediation, the parties reached a settlement for a revised proposal consisting of two buildings with four residential towers.
The Tribunal accepted uncontested expert planning evidence that the proposed settlement is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.
The appeal was allowed in part, with the final order withheld pending the satisfaction of various conditions by the City.
Motion for stay of judgment removing municipal councillor from office pending appeal dismissed.
The moving party, a municipal councillor, sought a stay pending her appeal of a judgment that found she violated the Municipal Conflict of Interest Act and declared her council seat vacant.
The court applied the three-part test for a stay pending appeal.
While finding a serious issue to be tried, the court found no irreparable harm because it ordered the municipality not to fill the vacancy pending the appeal.
The balance of convenience favoured the public interest in municipal integrity, and the motion for a stay was dismissed.
Settlement hearing scheduled for zoning by-law amendment appeal after parties reach agreement in principle.
The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development.
At the third Case Management Conference, the parties advised the Tribunal that a settlement had been reached in principle.
With the consent of all parties, the Tribunal scheduled a settlement hearing for December 17, 2021, and removed a self-represented party's issues from the list following his withdrawal.
Procedural order issued on consent for a zoning by-law amendment appeal.
The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 28-storey residential building.
Following a public hearing, the Ontario Land Tribunal issued a procedural order on consent of the parties.
The order establishes the organization of the hearing, pre-hearing requirements, and the final issues list.
Tribunal issues Procedural Order and schedules hearing for zoning by-law amendment appeal.
The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.
The application proposed two mixed-use buildings with four towers at 6 Dawes Road.
Following a second Case Management Conference, the Ontario Land Tribunal issued a Procedural Order, scheduled a 10-day hearing for June 2022, and set a third Case Management Conference for November 2021.
Tribunal scheduled a subsequent Case Management Conference and a 30-day hearing for OPA 478 appeals.
The Ontario Land Tribunal held a third Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 478.
The parties reported that settlement discussions were ongoing in good faith and requested a subsequent Case Management Conference to review the results.
The Tribunal scheduled the next Case Management Conference for January 31, 2022, and a 30-day Hearing of the Merits commencing April 4, 2022.
Party status granted on consent and second Case Management Conference scheduled for zoning by-law appeal.
At the first Case Management Conference, the Tribunal granted party status on consent to two neighbouring property owners.
The parties requested a 10-day hearing, and the Tribunal scheduled a second Case Management Conference to finalize the procedural order and outstanding issues.
Further Case Management Conference scheduled to allow parties to continue settlement discussions regarding zoning appeal.
The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit two mixed-use tall buildings.
At a Case Management Conference, the parties reported substantial progress in settlement discussions and requested a further adjournment.
The Tribunal scheduled an additional Case Management Conference for November 25, 2021, to allow discussions to continue.
Tribunal grants party status to four non-appellant property owners in appeals of King Spadina Secondary Plan.
The Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 486 (King Spadina Secondary Plan).
Four non-appellant property owners requested party status.
The Tribunal found that three owners had a direct interest and added them as parties, contingent on filing a list of issues to shelter under.
A fourth owner, who did not make submissions prior to the OPA's adoption, was also added as a party because they owned lands within the OPA area and were directly affected.
The Tribunal directed the parties to submit a final draft Procedural Order.