John Dawson

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.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 499 (the 'Golden Mile' secondary plan).

The Tribunal granted party status to three non-appellant entities, subject to their sheltering under existing issues.

The Tribunal noted that the parties have agreed to Tribunal-led mediation and found it premature to require the preparation of an Issues List until mediation is completed.

A second Case Management Conference was scheduled for October 2021.

The Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 499 (the 'Golden Mile' secondary plan).

Three non-appellant entities were granted party status on consent, subject to the requirement that they shelter under issues raised by existing appellants.

The Tribunal noted that the parties agreed to enter Tribunal-led mediation to scope issues and find common ground.

The Tribunal found it premature to require the parties to finalize an Issues List before the conclusion of mediation, but ordered the City to submit a draft Issues List prior to the next CMC.

A second CMC was scheduled for October 2021.

The applicant sought leave to appeal an Ontario Municipal Board (OMB) decision dismissing its appeal against the City of Ottawa's Official Plan Amendment (OPA 77) without a hearing.

The applicant argued the OMB erred by reviewing evidence on the motion to dismiss, akin to a summary judgment motion, rather than assuming the facts in the notice of appeal were true.

The Divisional Court dismissed the motion for leave, finding the OMB's procedure was reasonable and necessary to screen out appeals with no chance of success.

The court also found no error in the OMB's conclusion that the applicant's environmental and storm water management concerns could not form a land use planning basis to refuse OPA 77 at this stage.