Jessica Braun

The applicant appealed the City of Toronto's refusal of an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 46-storey mixed-use building.

At a Case Management Conference, the Tribunal consolidated the appeals.

The Tribunal also identified a jurisdictional issue regarding the expansion of the OPA lands post-appeal and directed that a motion hearing be held to determine the status of the expanded OPA prior to the merit hearing.

The appellants appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment, as well as the refusal of a Heritage Permit Application, to permit an 85-storey mixed-use building at Yonge and Gerrard Streets.

The Tribunal dismissed the appeals, finding that the subject site is too small to accommodate the proposed tall building.

The Tribunal concluded that the proposed tower setbacks and separation distances would result in unacceptable impacts on privacy, sky view, and daylighting for adjacent properties, including the existing Chelsea Hotel.

Furthermore, the proposed loading and servicing configuration, which relied on a turntable and a new driveway access, presented unresolved operational challenges and would negatively impact the public realm.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 50-storey residential building.

The parties advised that a settlement had been reached between the applicants and the City, though Metrolinx remained a party due to imminent expropriation of the subject lands.

The Tribunal scheduled a five-day contested settlement hearing and approved the Procedural Order to guide the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Nipigon Investments Inc. and Nipigon Property Limited against the City of Toronto's failure to make decisions on Official Plan, Zoning By-law, and Site Plan applications for a 50-storey residential building.

The parties advised that a settlement had been reached between the applicants and the City, though Metrolinx was not a party to the settlement.

The Tribunal scheduled a five-day contested settlement hearing and approved the final Procedural Order to guide the future proceedings.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use development with 45 and 35-storey towers.

The parties reached a settlement, which the Tribunal approved in principle, finding it consistent with the Provincial Policy Statement and in conformity with the Growth Plan and City Official Plan.

The Tribunal allowed the appeals in part on an interim basis, withholding its final order pending the satisfaction of several conditions, including servicing and rental housing replacement agreements.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the City of Toronto's refusal of Official Plan, Zoning By-law, and Site Plan Amendment applications for a 50-storey residential building.

The Tribunal granted party status to Metrolinx and participant status to several local residents.

A further Case Management Conference was scheduled for October 23, 2024, with a draft Procedural Order and Issues List to be submitted prior.

The Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Zoning By-law No. 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The City requested additional time to continue discussions with the appellants to scope issues and explore potential settlements.

The Tribunal directed the City to file a revised draft Procedural Order by December 2024, scheduled a third Case Management Conference for July 2025, and set a 10-day hearing for October 2025.

This was the second Case Management Conference regarding an appeal of the City of Toronto's adoption of a Zoning By-law Amendment.

The appellant advised that it would be applying for a minor variance to allow office permissions on the subject property, which could resolve the appeal.

The parties jointly requested that the appeal be adjourned sine die to allow the minor variance process to unfold.

The Tribunal agreed with the proposed path forward and ordered the matter adjourned sine die, directing the parties to provide a written status update by December 2, 2024.

The applicant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 29-storey mixed-use building.

At a settlement hearing, the Tribunal considered uncontested expert planning evidence supporting the revised proposal.

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

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

This was the first Case Management Conference regarding appeals by Windfield Estates Corporation against the City of Toronto's failure to render decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 603-unit residential development.

The Tribunal considered several requests for status, ultimately denying Party status to individuals but granting Participant status to eight individuals and groups.

A 10-day hearing on the merits was scheduled for April and May 2025, and a Procedural Order was approved to govern the proceedings.

The Ontario Land Tribunal held a first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.

The applicant appealed the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications to permit an 11-storey mixed-use building containing residential units, a church, a daycare, and community space.

The property is partially located within a regulatory floodplain, which will be dedicated to the conservation authority.

The City and the conservation authority settled with the applicant, but two local community associations opposed the development, raising concerns about built form, transition to the adjacent neighbourhood, and traffic impacts.

The Tribunal allowed the appeals in part on an interim basis, finding that the proposed tall mid-rise building is contextually appropriate, provides an acceptable transition to the adjacent low-rise neighbourhood, and represents good land use planning consistent with provincial policies and the municipal official plan.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed 74-storey mixed-use building.

On consent of the parties, the Tribunal ordered the adjournment of the 10-day merits hearing from April 2, 2024, to May 27, 2024, and issued a revised Procedural Order establishing new timelines for the exchange of evidence and other pre-hearing requirements.

The applicant brought a motion to dismiss the appellant residents association's appeals of official plan and zoning by-law amendments permitting an 8-storey residential building.

The appellant argued the development would block protected scenic views of Casa Loma and the downtown skyline, violate mid-rise building performance standards, and negatively impact a building with heritage value.

The Tribunal found that the specific views the appellant sought to protect were not identified in the applicable Official Plan schedule, the mid-rise guidelines were not zoning by-laws, and the Tribunal lacked jurisdiction to compel heritage designation.

Concluding the appeals lacked valid land use planning grounds and had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeals without a hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The Tribunal held a settlement hearing regarding appeals of the City of Toronto's Official Plan Amendments 246 and 349, and Zoning By-law No. BL 1283-2016.

The settlement proposed modifying the OPAs to expand the Bathurst-Bloor Character Area to include the subject property and adjacent lands, allowing for an eight-storey mixed-use development near the Bathurst subway station.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications had appropriate regard for provincial interests, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan and the City's Official Plan.

The appeals were allowed in part to implement the settlement, and the remaining appeal against the Zoning By-law was dismissed.

Minto (Mimico) Inc. brought a motion for directions to the Ontario Land Tribunal, seeking a determination that its site plan applications submitted to the City of Toronto on April 27, 2023, were complete.

The City argued the Tribunal lacked jurisdiction because Minto had not attended a mandatory pre-application consultation (PAC) required by a municipal by-law.

The Tribunal found it had jurisdiction under the City of Toronto Act, holding that a municipal PAC by-law cannot override the statutory scheme for determining complete applications or delay the Tribunal's jurisdiction.

The Tribunal ordered that Minto's applications were complete as of April 27, 2023.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by A1 Developments Inc. regarding the City of Toronto's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and site plan approval.

The order sets out the issues list, order of evidence, and filing deadlines for the 10-day hearing scheduled to commence on September 16, 2024.

The appellant appealed the City's failure to make a decision on Zoning By-law Amendment and Site Plan Approval applications for a proposed 25-storey mixed-use building.

Prior to the hearing, the parties reached a settlement on a revised 22-storey proposal.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the City's Official Plan.

The Tribunal allowed the appeal in part and approved the revised Zoning By-law Amendment, while the Site Plan Approval appeal remains outstanding.

The moving parties requested an adjournment of the merit hearing because the applicant circulated a revised proposal shortly before the hearing, allegedly in violation of the procedural order.

The Tribunal denied the motion for an adjournment, finding that any prejudice to the moving parties was mitigated by delaying the start of the hearing by three days and revising the exchange and filing dates, which the parties had largely agreed upon.