Jonathan Samuel Cheng

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal for the City of Toronto's non-decision on a Zoning By-law Amendment application to facilitate a 20-storey mixed-use building.

The parties submitted a revised draft Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a 10-day hearing of the merits to commence by video on November 24, 2025.

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

At the second Case Management Conference, the parties agreed to evaluate a possible resolution through mediation and requested a 20-day hearing.

The Tribunal scheduled the hearing for October 2025 and issued a Procedural Order to govern the proceedings.

The applicants appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use building at 49-51 Yonge Street.

The parties reached a settlement for a 62-storey residential tower that conserves the existing heritage buildings on the site.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the City's Official Plan.

The appeal was allowed in part, and the zoning by-law amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The application sought to facilitate a 20-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted participant status to one individual and scheduled a second Case Management Conference to allow the parties to prepare a draft Procedural Order and Issues List.

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 Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct typographical errors in a decision issued on October 16, 2024.

The amendments included replacing an attachment, correcting the spelling of 'Brampton', and correcting the word 'sized' to 'seized'.

The Ontario Land Tribunal held a first Case Management Conference regarding 16 appeals against the newly adopted 2023 City of Brampton Official Plan.

The Tribunal granted party status to five requesting entities, including conservation authorities and railway companies, finding they had a direct interest.

The Tribunal deferred the issue of consolidating the appeals with a related Major Transit Station Area case to a subsequent joint CMC, and established a schedule for the appellants to provide modification letters to the City.

The applicant appealed the City of Brampton's failure to make a decision on a Zoning By-law Amendment and Draft Plan of Subdivision application for a high-density mixed-use development.

At the first Case Management Conference, the Tribunal granted party status to Menkes Creditview Inc. and Canadian National Railway Company on consent.

A nine-day hearing on the merits was scheduled for May 2025, and the parties were directed to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the Building Industry and Land Development Association (BILD), Distrikt Developments, and Silwell Developments Limited against the Town of Oakville's new Parkland Dedication By-law.

The Town and BILD agreed to schedule a motion hearing to address a threshold jurisdictional issue regarding BILD's requested relief for expanded parkland credits.

The Tribunal scheduled the motion hearing for November 28, 2024, and set a timetable for the exchange of motion materials.

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

Following case management conferences, the Ontario Land Tribunal issued a procedural order on consent of the parties.

The order sets out the issues list, procedural dates, and schedules a 20-day hearing to commence in September 2025.

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 decision issued on July 22, 2024.

The amendment clarified the upcoming hearing event information regarding a Case Management Conference and a Merit Hearing scheduled for November 2024.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals against the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided status updates on Phase 3, 4, and 7 appeals, as well as various topic-specific and site-specific appeals, noting several withdrawals and ongoing settlement discussions.

The Tribunal ordered a further Case Management Conference for November 2024 and scheduled a three-day merit hearing for a specific site appeal.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicants against the municipality's failure to adopt requested official plan and zoning by-law amendments.

The amendments seek to permit the development of a mid-rise residential apartment.

The order sets out the procedural dates, issues list, and order of evidence for a three-day video hearing scheduled to commence on November 20, 2024.

This decision arises from a Case Management Conference regarding multiple appeals of Official Plan Amendment No. 59 adopted by the County of Middlesex.

The Tribunal approved a draft Procedural Order submitted on consent by the parties.

The Tribunal scheduled a 14-day hearing for phase one issues and a 5-day hearing for phase two issues, and directed the parties to participate in Tribunal-led mediation.

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 within the statutory timeframe.

The proposed development includes eight mixed-use buildings ranging from 6 to 60 storeys, containing 3,000 residential units and commercial space.

At the Case Management Conference, the Tribunal granted party status to several adjacent property owners and businesses, and participant status to local ratepayers and property owners.

A second Case Management Conference was scheduled for September 18, 2024.

The applicant appealed the City of London's failure to adopt an Official Plan Amendment and Zoning By-law Amendment to permit a mid-rise residential apartment building.

At the first Case Management Conference, the Tribunal consolidated a related site-specific appeal regarding the new Official Plan.

The Tribunal granted party status to a neighbouring resident on consent.

The parties requested a three-day merit hearing, noting the City Council had recently endorsed support for the proposed development.

The Tribunal scheduled the merit hearing and directed the exchange of a Procedural Order and Issues List.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Cambridge's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed high-rise development.

The Tribunal scheduled a 20-day merit hearing to commence in September 2025 and a pre-hearing status telephone conference call for June 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Municipality of Middlesex Centre's Official Plan Amendment #59.

The Tribunal granted party status to Comgord Limited on consent.

The parties requested more time to finalize the draft Procedural Order and Issues List.

The Tribunal declined to schedule the merit hearing until the procedural documents are approved and scheduled a third Case Management Conference for June 6, 2024.