Joel Farber

At a second Case Management Conference regarding an appeal for the municipality's failure to make a decision on a zoning by-law amendment application, the parties advised they were close to a settlement.

The parties requested a three-day merit hearing be scheduled in the fall of 2024 out of an abundance of caution, pending a decision on a neighbouring property's application.

The Tribunal granted the request and scheduled the merit hearing for September 2024.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a transit-oriented development at 88 Steeles Avenue West.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed Zoning By-law Amendment, which permits two high-rise residential towers, represents good planning and conforms to applicable provincial and municipal policies.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle on an interim basis, contingent on the fulfillment of specified conditions.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The Ontario Land Tribunal held a Case Management Conference to receive status updates on the remaining appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its previous decision dated August 1, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the appearances list without prior notice to the parties.

In all other respects, the original decision remains unchanged.

A Case Management Conference was held regarding multiple appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received status updates on various phases and topic-specific appeals, including parking, cemeteries, multi-tenant housing, places of worship, propane storage, and school boards.

Several appeals were noted as withdrawn or resolved.

The Tribunal scheduled dates for the submission of motion materials and written hearings to resolve Phases 3 and 4, as well as Appeal No. 62.

A further Case Management Conference was scheduled for November 6, 2023.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicants from the City of Toronto's failure to make a decision on an Official Plan Amendment application for the Centrepoint Mall property.

The Tribunal granted party status to several neighbouring landowners and the Toronto Catholic District School Board, and participant status to a local resident.

A second Case Management Conference was scheduled for January 22, 2024, to address procedural matters and a potential consolidation with a related appeal.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1306497 Ontario Inc. concerning the City of Vaughan's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment.

The amendments seek to permit a transit-oriented development including residential towers, amenity, retail, and office space at 88 Steeles Avenue West.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1306497 Ontario Inc. for a proposed transit-oriented development in the City of Vaughan.

The Tribunal granted party status to eleven requesters and participant status to one ratepayers association without objection.

The Tribunal directed the applicant to finalize the Procedural Order and Issues List for submission by July 11, 2023, and scheduled a five-day hearing on the merits for April 2024.

Metrolinx sought to expropriate portions of common elements from three condominium corporations to facilitate the construction of a new SmartTrack/GO Train station.

The condominium owners requested a Hearing of Necessity under the Expropriations Act and sought an adjournment, arguing they received insufficient information about changes from full takings to easements.

The Tribunal denied the adjournment, finding Metrolinx met its statutory disclosure obligations.

On the merits, the Tribunal accepted expert engineering evidence that the takings were required for the station's construction and maintenance.

The Tribunal concluded the proposed fee simple takings and easements were fair, sound, and reasonably necessary to achieve Metrolinx's transit expansion objectives.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.

The applicants appealed the City of Brampton's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision to permit a residential development.

The parties reached a settlement that resolved concerns regarding land use compatibility with a nearby poultry processing facility and the preservation of a heritage farmhouse.

The Tribunal approved the settlement, finding that the proposed development, with an agreed 150-metre separation distance and warning clauses, represents good planning, is in the public interest, and satisfies all legislative requirements.

At a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 309, the Tribunal granted a request on consent to substitute Champlain Torah Education Centre as the appellant in place of 1380200 Ontario Limited.

The Tribunal also approved a revised Procedural Order and Issues List and scheduled a seven-day video hearing for November 2023.

The Tribunal held a third Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment No. 309.

The appellant sold its property and was unrepresented at the hearing.

A non-appellant party sheltering under the appellant's appeal sought to have the appeal rights assigned to it, which the City opposed.

The Tribunal scheduled a further Case Management Conference and Motion hearing to determine the assignment of appeal rights.