Jennifer Evola

Carmel Pharms brought a motion to separate its appeal of a zoning by-law amendment from a consolidated hearing with two other appellants, following a settlement with the Township of Oro-Medonte.

The Tribunal initially denied the motion due to concerns about fair adjudication for the remaining appellants.

After the parties collaborated to revise the draft order, the Tribunal rescinded its initial decision, granted the motion to separate the appeal, and approved the site-specific zoning by-law amendment for Carmel Pharms based on uncontested expert planning evidence.

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.

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.

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.

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.

The applicant appealed the City of Toronto's refusal of Official Plan and Zoning By-law Amendments to permit a 30-storey mixed-use building at 335 Yonge Street.

Following Tribunal-led mediation, the parties reached a settlement for a revised 16-storey mid-rise building with a 5-storey podium.

Based on uncontested expert planning evidence that the revised proposal is consistent with provincial policies and represents good planning, the Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of conditions.

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.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Lora Bay Corporation against the Town of The Blue Mountains' Development Charge By-law No. 2019-17.

The Tribunal scheduled dates for a motion hearing, a further telephone conference call, and a 10-day video hearing on the merits.

A procedural order was issued to govern the proceedings, including deadlines for witness lists, expert meetings, and document exchange.

During a Case Management Conference regarding appeals of the City of Brampton Official Plan Amendment No. 2006-105, the Tribunal heard an unopposed motion to substitute Velcor Enterprises Limited as an Appellant in place of Caveze Investments Limited.

Velcor had acquired the lands previously owned by Caveze and intended to rely on the same issues.

The Tribunal granted the motion, finding that Velcor satisfied the legislative tests to be a party and its presence was necessary to adjudicate the issues effectively.

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 with two tall buildings at 10-30 Dawes Road.

At a settlement hearing, the Tribunal reviewed the agreed-upon conditions of approval and the land use planning affidavit filed by the applicant.

The Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good land use planning.

The Tribunal allowed the appeal in part and approved the zoning by-law amendments in principle, withholding its final order until the conditions are satisfied.

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.

The Ontario Land Tribunal held a first Case Management Conference regarding 39 appeals of the City of Toronto's Official Plan Amendment No. 525 and associated zoning by-law amendments, which adopted a new secondary plan for the King-Parliament area.

The Tribunal addressed administrative matters including the withdrawal of certain appeals, the substitution of new property owners for existing appeals, and the splitting of an appeal.

The Tribunal also granted party status to two landowners.

A second Case Management Conference was scheduled for May 19, 2022, to establish a Procedural Order and issues list, and to allow parties time for mediation and settlement discussions.

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.

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.

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.

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.

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.

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.

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.

The City of Brampton brought a motion on consent seeking modifications to Official Plan Amendment No. 2006-105 (OPA No. 105) regarding the Highway 427 Industrial Secondary Plan Area.

The City sought to modify the boundaries of the natural heritage system in the Rainbow Creek corridor to align with the Rainbow Creek Master Environmental Servicing Plan Addendum, and to approve OPA No. 105 for specific lands.

Based on uncontradicted expert planning evidence and the consent of the parties, the Tribunal found the modifications consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Regional Official Plan, and having regard to matters of provincial interest.

The Tribunal granted the motion and scheduled a Case Management Conference for remaining appeals.

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.