Jennifer Meader

The Ontario Land Tribunal issued an amended Procedural Order following a Case Management Conference regarding appeals by 30 Duke Street Limited against the City of Kitchener.

The appeals relate to the City's failure to make decisions on proposed Official Plan and Zoning By-law amendments, as well as an appeal under the Ontario Heritage Act.

On consent of the parties, the Tribunal amended the Procedural Order to add a participant, update the style of cause, and add co-counsel for the City.

Dorchester Property Holdings Inc. appealed the City of Niagara Falls' refusal to enact a Zoning By-law Amendment to permit a five-storey, 74-unit apartment building.

The City and the applicant reached a settlement, but a residents' group opposed the development, arguing it was incompatible with the neighbourhood and not transit-supportive.

The Tribunal allowed the appeal, finding that the proposed development is within a strategic growth area, conforms to local and provincial planning policies, and employs appropriate design measures to ensure compatibility with the existing neighbourhood.

At a Case Management Conference for appeals concerning Official Plan and Zoning By-law amendments for a 19-storey residential building, the Tribunal considered the draft Procedural Order.

A participant sought to include issues testing the proposal against the City's newly adopted Official Plan No. 49 and new Zoning By-law.

The Tribunal found that the subject property was explicitly exempted from both the new Official Plan and the new Zoning By-law because it was already under appeal.

Consequently, the Tribunal struck the issues related to the new planning instruments from the Issues List and approved the finalized Procedural Order for a 15-day merit hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 100-unit residential development.

The Tribunal granted participant status to a local resident, approved the Procedural Order and Issues List, and scheduled a 12-day merit hearing for October 2025.

The Ontario Land Tribunal issued a procedural order on consent to govern the upcoming hearing regarding appeals by the applicant against the municipality's failure to adopt a requested official plan amendment and zoning by-law amendment.

The appeals relate to a proposed 264-unit residential development.

The hearing is scheduled to commence on June 9, 2025, for 10 days.

The applicant appealed the City of Waterloo's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development.

The parties reached a settlement for a revised 25-storey building with 289 dwelling units.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed instruments consistent with provincial policy, in conformity with the applicable official plans, and representative of good planning.

The appeals were allowed in part to approve the settlement.

The Tribunal held a second Case Management Conference regarding appeals by 65 Northfield Drive Inc. concerning the failure to adopt an Official Plan Amendment, an appeal of a Zoning By-law, and the failure to make a decision on a Draft Plan of Subdivision for a proposed 12-tower mixed-use development.

The Tribunal noted the parties' ongoing mediation efforts, confirmed the 12-day hearing scheduled to commence on January 30, 2025, and acknowledged recent updates to the procedural order.

The applicants appealed the City of Cambridge and the Region of Waterloo's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision for a proposed 829-unit residential development.

At the first Case Management Conference, the parties advised the Tribunal that they were actively working toward a resolution.

The Tribunal scheduled a second Case Management Conference for December 2024 and directed the parties to submit either a settlement motion record or a draft Procedural Order and Issues List in advance.

The applicant appealed the City's refusal of official plan and zoning by-law amendments to permit a residential development.

At the first Case Management Conference, the Tribunal scheduled a 10-day hearing on the merits, directed the parties to submit a Procedural Order and Issues List, and granted participant status to four individuals.

The appellant appealed the City of Hamilton's Development Charges By-law 24-072.

At the first Case Management Conference, a third party requested party status, which the respondent opposed on the basis that the third party had not appealed within the statutory period.

Due to the absence of the third party's counsel and the respondent's counsel not being fully briefed on the objection, the Tribunal deferred the determination of party status to a second Case Management Conference and directed the parties to file a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 100-unit residential development.

The Tribunal granted party status to a neighbouring property owner and participant status to several individuals and entities.

Due to the municipality and the added party needing more time to finalize their issues, the Tribunal deferred the finalization of the Procedural Order and Issues List, as well as the scheduling of the merit hearing, to a second Case Management Conference.

The applicants appealed the Town's failure to make decisions regarding an official plan amendment, zoning by-law amendment, and plan of subdivision for a proposed 141-unit residential subdivision.

At a scheduled merit hearing, the parties advised the Tribunal that they were engaged in settlement discussions and requested more time.

The Tribunal converted the event to a status hearing and scheduled a further status hearing to allow the parties to finalize their settlement.

The appellants appealed the City of Richmond Hill's Community Benefits Charge By-law No. 99-22, raising concerns about the definitions of 'Value of Land' and 'Development' and the application of the charge to existing buildings and phased developments.

Following the enactment of Bill 23, which amended section 37 of the Planning Act, the parties reached a settlement and modified the By-law to conform with the new legislation.

The Tribunal accepted uncontroverted expert evidence in land economics and land use planning, finding that the modified By-law complies with the Planning Act, is consistent with provincial policies, and represents good planning.

The appeals were allowed in part to amend the By-law accordingly.

The applicant appealed the City of Hamilton's decision to delete a self-storage warehouse as a permitted use from site-specific official plan and zoning by-law amendments.

The Tribunal allowed the appeal, finding that the proposed five-storey self-storage warehouse represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and the Urban Hamilton Official Plan.

The Tribunal preferred the evidence of the applicant's planners, concluding that the development would efficiently use a vacant, constrained property and facilitate the urbanization of the adjacent road.

A Case Management Conference was held to re-open an appeal by the applicant regarding the municipality's failure to make a decision on Official Plan and Zoning By-law amendment applications, as well as a related Heritage Act permit appeal.

The Tribunal granted participant status to two individuals, received updates on the municipality's conformity exercise, and scheduled a further Case Management Conference and a 15-day hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by multiple developers against the Town of The Blue Mountains' Development Charges By-law 2024-29.

The parties advised that mediation was being discussed and draft issues lists were circulating.

The Tribunal scheduled a second Case Management Conference and directed the parties to finalize their issues lists and file a draft Procedural Order.

The applicant appealed the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications for an 11-storey apartment building.

Following a Case Management Conference, the parties resolved a draft Procedural Order and Issues List on consent.

The Ontario Land Tribunal issued the Procedural Order to govern the procedures leading up to and including the 9-day video hearing scheduled to commence on November 4, 2024.

The applicant appealed the failure of the approval authorities to make decisions on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision for a proposed mixed-use development featuring 12 high-rise towers.

At the first Case Management Conference, the Tribunal granted party status to the upper-tier municipality without objection.

The Tribunal scheduled a further Case Management Conference and a 12-day hearing on the merits, and approved the final Procedural Order and Issues List.

The applicant appealed the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development of 1,321 dwelling units.

The parties reached a settlement prior to the hearing.

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

The appeals were allowed in part to approve the revised planning instruments and draft plan conditions.

The Ontario Land Tribunal issued a procedural order on consent to govern the hearing of appeals by the applicant concerning a heritage designation by-law and the refusal of a demolition permit for properties located at 2187 Gordon Street in the City of Guelph.

The hearing is scheduled for seven days commencing September 10, 2024.