Jennifer Park

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Blue Birch Properties Inc. against the Town of the Blue Mountains for failing to approve a Zoning By-law Amendment application.

The Tribunal addressed requests for party and participant status, granting party status to the Grey Sauble Conservation Authority and the Niagara Escarpment Commission on consent.

One individual's request for party status was denied due to a lack of expert witnesses, but participant status was granted instead.

A second Case Management Conference was scheduled to allow the appellant to present a revised application to the Town Council.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated March 20, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to replace Andrea Wilson-Peebles with Steven Ross in the appearances section.

In all other respects, the original decision remains unchanged.

The Liquor Control Board of Ontario appealed a Zoning By-law Amendment passed by the City of Brampton that permitted a 42-storey and 37-storey mixed-use development on an abutting property.

The parties reached a settlement that revised the amendment to increase building setbacks and provide greater regulatory controls over massing and design to protect the appellant's property for future redevelopment.

Based on uncontested planning evidence, the Tribunal found the revised amendment represented good planning, allowed the appeal in part, and approved the revised Zoning By-law.

The applicant appealed the City of Toronto's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan approval to permit a 19-storey mixed-use building.

The City and the applicant reached a settlement, which was opposed by a group of residents and a neighbouring seniors residence, Belmont House, primarily due to concerns over shadow impacts.

The Tribunal found that the proposed development adequately limits shadow impacts on Belmont House in accordance with applicable policies and guidelines, and that the settlement represents good planning.

The appeal was allowed in part, and the Zoning By-law Amendment was approved in principle.

The Tribunal held a settlement hearing regarding multiple appeals of the City of Toronto's by-law designating the King-Spadina Heritage Conservation District and adopting its associated Plan.

Based on the uncontested expert evidence of a heritage planner and a land use planner, the Tribunal found that the modified Plan satisfies the requirements of the Ontario Heritage Act and the Planning Act, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and the City's Official Plan.

The Tribunal approved the designation of the HCD and the modified Plan, allowing the appeals in part to implement the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for a 45-storey residential building.

The Tribunal granted party status to an adjacent property owner and participant status to nearby property owners on consent.

A second Case Management Conference was scheduled for April 30, 2024, to allow the City to obtain instructions following its next Council meeting.

The applicant appealed the City of Mississauga's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential development.

The parties reached a settlement proposing three buildings of 18, 25, and 16 storeys.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable Official Plans.

The Tribunal allowed the appeals in part on an interim basis, approving the development in principle and withholding its final order pending submission of the final instruments.

The applicant appealed the City of Vaughan's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use high-density development.

Prior to the hearing, the parties reached a full settlement.

Based on uncontested expert land use planning evidence, the Tribunal found the settlement proposal represents good planning, is consistent with the Provincial Policy Statement, and conforms to applicable provincial and municipal plans.

The appeals were allowed in part on an interim basis, with the final order withheld pending the satisfaction of specified conditions.

The Tribunal held a settlement hearing regarding appeals to the Vaughan Official Plan 2010, specifically the Yonge Steeles Corridor Secondary Plan, along with related site-specific Zoning By-law Amendments and Draft Plans of Subdivision.

Based on uncontested expert planning and engineering evidence, the Tribunal approved modifications to the Secondary Plan's parking and holding symbol policies, finding they support transit-oriented development and conform with provincial and regional policies.

The Tribunal also approved the site-specific zoning and subdivision appeals in principle, subject to conditions, to facilitate high-density, mixed-use developments along the Steeles Avenue corridor.

The City of Mississauga brought a motion to strike an issue raised by an appellant regarding the City's Parkland Conveyance By-law.

The appellant sought to amend the By-law to clarify that non-fee simple land, such as privately owned public spaces or encumbered parkland, would be accepted as parkland conveyance in certain circumstances.

The Tribunal found that it lacked jurisdiction to grant the requested relief, as doing so would effectively add an exemption to the By-law, which is prohibited under s. 42(4.16) of the Planning Act.

The Tribunal noted that while the Legislature has contemplated provisions for non-traditional conveyances, these are not yet in force.

The motion was granted and the issue was removed from the Issues List.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City of Hamilton concerning the valuation of cash-in-lieu of parkland dedication.

The parties submitted a draft Procedural Order on consent.

The Tribunal directed minor corrections and the removal of a specific paragraph.

The revised Procedural Order was approved, and a three-day merit hearing was scheduled for March 2024.

The applicant appealed the City of Toronto's failure to make a decision on applications for a zoning by-law amendment and site plan approval to permit a residential development.

The parties reached a settlement for a 28-storey, 210-unit residential building.

Based on uncontested expert 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 Tribunal approved the zoning by-law amendments in principle, withholding its final order until certain conditions, including finalization of the by-laws and servicing confirmation, are met.

The Applicant brought a motion for costs against two self-represented individuals who initially sought party status to oppose a development settlement but later withdrew to participant status after failing to retain expert witnesses.

The Applicant argued the individuals' conduct caused undue delay and unnecessary expenses.

The Tribunal dismissed the motion, finding that while the individuals' conduct was somewhat antagonistic and irresponsible, it did not meet the threshold of being unreasonable, frivolous, vexatious, or in bad faith under Rule 23.9 of the Tribunal's Rules of Practice and Procedure.

This was the second Case Management Conference regarding appeals by Auto Complex Ltd. from the City of Vaughan's failure to make decisions on an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for 7200 Yonge Street.

Morguard Corporation requested and was granted Party status on consent.

The Tribunal directed the parties to submit the final Procedural Order and Issues List by September 11, 2023, ahead of the merit hearing scheduled for November 14, 2023.

The appellants appealed the City of Toronto's Official Plan Amendment 231 regarding employment area policies and designations.

The parties reached a settlement to redesignate the subject lands from General and Core Employment Areas to Mixed Use Areas, subject to a new Site and Area Specific Policy requiring employment uses to be developed prior to or concurrently with residential uses, and securing affordable housing.

Based on uncontested expert planning evidence, the Tribunal approved the settlement and modified OPA 231 accordingly.

The appellant appealed the City's failure to make a decision on zoning by-law amendment and site plan applications for a residential development consisting of two towers.

The parties reached a settlement proposing a revised development with reduced tower heights and a shared podium.

Based on uncontradicted expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and the Official Plan.

The Tribunal allowed the appeal in part, approving the zoning by-law amendments in principle, but withheld its final order pending the satisfaction of several technical conditions.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by The Canada Life Assurance Company and GWL Realty Advisors Inc. against the City of Toronto for failing to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for a mixed-use development at 200 University Avenue.

The Tribunal granted party status to St. Michael's Hospital to address concerns regarding emergency air ambulance helicopter operations.

A ten-day video hearing was scheduled to commence on July 8, 2024, and a revised draft Procedural Order and Issues List was approved to guide the proceedings.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on zoning by-law amendment and site plan approval applications for a 48-storey mixed-use building.

The Tribunal granted participant status to a neighbouring property owner.

The parties agreed to proceed with the zoning by-law appeal first, scheduling a 10-day video hearing, while adjourning the site plan appeal sine die pending the outcome.