Jonathan Samuel Cheng

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

The Tribunal granted party status to a new property owner, noted the withdrawal of one appeal, and scheduled a third Case Management Conference to allow the parties to finalize the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a case management conference regarding appeals concerning the City of Toronto's failure to make a decision on requested official plan and zoning by-law amendments to permit a 74-storey mixed-use building.

On consent of the parties, the Tribunal issued a Procedural Order and Issues List to govern the upcoming 10-day hearing.

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

The Tribunal directed the parties to submit a Draft Procedural Order and Issues List, and scheduled a 9-day merit hearing to commence in April 2024.

This was the first Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

The Tribunal granted party status to the City of Vaughan and several corporate entities, and participant status to two others.

A further Case Management Conference was scheduled for April 14, 2023, with directions for the parties to prepare a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Collingwood's Zoning By-law No. 2022-007, which restricts development unless adequate municipal water and wastewater services are available.

The Tribunal granted party status to four entities and participant status to one entity.

A nine-day video hearing was scheduled, and the Tribunal approved the finalized Procedural Order and Issues List submitted by the parties.

This was the second Case Management Conference regarding an appeal by the applicants following the City of Mississauga's failure to render a decision on Official Plan and Zoning By-law Amendment applications.

The applications sought to permit two apartment buildings of 30 and 36 storeys.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a 7-day video hearing to commence on March 27, 2023.

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

At a case management conference, the Tribunal granted party status to the Region of Halton, Conservation Halton, Presidio Construction Limited, and Sofina Foods Inc. The Tribunal also approved a draft Procedural Order and scheduled a three-week hearing on the merits.

The Tribunal held a Case Management Conference regarding various remaining site-specific appeals to the City of London's new Official Plan, the 'London Plan'.

The City brought a motion, on consent of the appellants, to approve modifications to Maps 1 and 5 to resolve several site-specific appeals.

Based on the uncontested affidavit evidence of a senior planner, the Tribunal found the proposed modifications consistent with the Provincial Policy Statement, in conformity with the London Plan, and representative of good planning.

The Tribunal approved the modifications, noted the withdrawal of several appeals, and scheduled future hearings and case management conferences for the remaining appeals.

The applicant appealed the City of Toronto's refusal of a Zoning By-law Amendment to permit a mixed-use development at 28 River Street and 550 Queen Street East.

The parties reached a settlement for an 18-storey mixed-use building incorporating a conserved heritage building.

The Tribunal accepted uncontested expert planning evidence that the proposal is consistent with provincial policy, conforms to the City's Official Plan and Downtown Plan, and represents good planning.

The appeal was allowed in part, with the final order withheld pending the execution of a Section 37 agreement and other conditions.

The applicant appealed the City of Toronto's refusal of minor variances and a site plan application for a proposed self-storage facility.

The parties jointly requested to separate the appeals, holding the site plan appeal in abeyance, which the Tribunal granted.

Based on uncontroverted expert planning evidence, the Tribunal found the requested variances for increased height, reduced parking, and reduced loading space met the four tests under s. 45(1) of the Planning Act.

The minor variance appeal was allowed in part and the variances were authorized.

The Tribunal held a second Case Management Conference regarding appeals by the applicant for the municipality's failure to make decisions on a Zoning By-law Amendment and Draft Plan of Subdivision within the statutory timeframe.

The parties reported ongoing settlement discussions and requested additional time to finalize the draft Procedural Order.

The Tribunal directed the submission of the final draft Procedural Order, which was subsequently received and approved to govern the scheduled hearing on the merits.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

This was a first Case Management Conference regarding appeals under the Planning Act for the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Draft Plan of Subdivision for a mixed-use development.

The Tribunal granted party status to Mondelez Canada Inc. and Cosmetica Investments Inc., and participant status to the Toronto Catholic District School Board.

The Tribunal directed the parties to file a draft Procedural Order and Issues List and ordered that a further Case Management Conference be scheduled.

The appellant purchased a property formerly owned by a library board, which was subject to a registered restrictive covenant prohibiting commercial use.

The registered covenant failed to identify the benefitted lands, rendering it legally unenforceable.

The respondent, owner of the adjacent lands, successfully applied to a motion judge to rectify the Land Titles Registry to include the benefitted lands.

On appeal, the Divisional Court set aside the rectification, holding that the appellant was a bona fide purchaser for value without actual notice of the benefitted lands.

The court emphasized that constructive notice is insufficient to defeat a registered interest under the Land Titles Act, and the appellant was entitled to rely on the registry's mirror and curtain principles.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant from the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed 32-storey mixed-use building.

The parties reported ongoing settlement discussions and requested the scheduling of an eight-day hearing to establish dates for the exchange of materials.

The Tribunal scheduled the hearing to commence by video on May 30, 2022, and directed the parties to submit a finalized Draft Procedural Order.

At a Case Management Conference regarding an appeal of the City of Toronto's failure to pass a zoning by-law amendment for a proposed 9-storey development, the Tribunal considered requests for Party and Participant status.

The Tribunal granted Party status to the Annex Residents' Corporation and the Casa Loma Residents' Association Inc., finding they had a genuine and direct interest.

Participant status was granted to several local residents and associations.

A further Case Management Conference was scheduled for April 2022 to finalize the Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 32-storey mixed-use residential building.

At the first Case Management Conference, the Tribunal granted participant status to a local resident, discussed the potential for mediation, and scheduled a second Case Management Conference to finalize the Procedural Order and Issues List.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 486 (King Spadina Secondary Plan).

Four non-appellant property owners requested party status.

The Tribunal found that three owners had a direct interest and added them as parties, contingent on filing a list of issues to shelter under.

A fourth owner, who did not make submissions prior to the OPA's adoption, was also added as a party because they owned lands within the OPA area and were directly affected.

The Tribunal directed the parties to submit a final draft Procedural Order.