Joshua White

A Case Management Conference was held regarding appeals against the City of Mississauga's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The parties required more time to negotiate the applicant's access to a neighbouring business's premises and data for technical work.

The Tribunal released previously scheduled motion dates and ordered that any necessary motions regarding access proceed in writing, setting a schedule for the submission of materials and scheduling a brief update appearance.

The parties requested a Telephone Conference Call to address the scheduling of a 15-day hearing regarding official plan and zoning by-law amendments for a proposed mixed-use development.

The applicant required additional time to complete technical work, which necessitated access to a neighbouring property owned by Mother Parkers Tea and Coffee Inc. The Tribunal released the previously scheduled hearing dates, save for two days reserved for potential motions, and scheduled a further Case Management Conference to determine next steps and address any outstanding issues regarding access to the neighbouring property.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by United Parcel Service Canada Ltd. against the City of Vaughan's approval of an official plan amendment and zoning by-law amendments for a high-rise mixed-use development.

The appeals raised concerns about noise, vibration, and traffic impacts on the adjacent UPS facility.

Canadian National Railway Company requested party status due to the development's proximity to its MacMillan Rail Yard.

The Tribunal granted CN party status, directing that it must shelter under the issues raised by UPS.

A second CMC and a 13-day merit hearing were scheduled.

The Tribunal held a settlement hearing regarding appeals to the Vaughan Official Plan 2010, specifically the Yonge Steeles Corridor Secondary Plan, along with related site-specific Zoning By-law Amendments and Draft Plans of Subdivision.

Based on uncontested expert planning and engineering evidence, the Tribunal approved modifications to the Secondary Plan's parking and holding symbol policies, finding they support transit-oriented development and conform with provincial and regional policies.

The Tribunal also approved the site-specific zoning and subdivision appeals in principle, subject to conditions, to facilitate high-density, mixed-use developments along the Steeles Avenue corridor.

The Tribunal held a first Case Management Conference regarding appeals by the applicant against the City's refusal of Official Plan and Zoning By-law Amendments for a 41-storey residential building.

The Tribunal granted party and participant status to several entities on consent.

A 10-day merit hearing was scheduled to commence on May 27, 2024, and a Procedural Order with an Issues List was approved to govern the proceedings.

The City of Toronto brought a motion to settle two appeals regarding its adoption of the Sherway Area Secondary Plan and Official Plan Amendment 469 (OPA 469).

The settlement proposed minor modifications to Policy 5.9A to clarify the application of mitigation measures for sensitive land uses near major transportation facilities.

Based on uncontradicted expert planning evidence, the Tribunal found the modifications represented good planning, were consistent with provincial policies, and satisfied legislative tests.

The Tribunal approved the settlement and allowed the appeals in part to bring the agreed-upon portions of OPA 469 into force.

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 previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

This was the third Case Management Conference regarding multiple appeals against the City of Toronto's adoption of Official Plan Amendment No. 525 and related Zoning By-law Amendments for the King-Parliament area.

The Tribunal addressed several administrative matters, including the splitting, consolidation, and withdrawal of various site-specific appeals.

On consent of all parties, the Tribunal adjourned the scheduled merit hearing sine die to facilitate ongoing settlement discussions.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals in Phase 6G.

Additionally, the Tribunal heard a motion by the City to settle appeals brought by Amexon Realty Inc. concerning lands at 701-703 Evans Avenue.

Based on uncontested land use planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential and sensitive uses on a portion of the site while prioritizing office commercial uses and securing affordable housing.

The Amexon appeals were allowed in part to implement the settlement.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals.

Additionally, the Tribunal heard and approved a settlement motion regarding the appeals by Amexon Realty Inc. for lands at 701-703 Evans Avenue.

Based on uncontested planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential uses on a portion of the site while prioritizing office commercial uses.

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

The Tribunal reviewed the status of topic-specific and site-specific appeals, noting settlements, withdrawals, and ongoing discussions.

The Tribunal scheduled the next video hearing for June 20, 2023, and directed parties to notify the City's counsel prior to proceedings to maintain an accurate appearances list.

At a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 469, the Tribunal approved consent proposals from the parties.

The proposals included scoping Cadillac Fairview's appeal, adjourning certain motions, and significantly reducing the scheduled hearing time from 46 days to 13 days.

The Tribunal issued orders bringing certain parts of OPA 469 into force and effect, and revised the Procedural Order accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The Tribunal granted party status to the regional municipality and several neighbouring property owners, and participant status to a local resident.

The Tribunal also consolidated the two appeals and scheduled a second Case Management Conference and a 24-day hearing on the merits.

The accused, Harneil Dhillon, brought a s. 11(b) Charter application for a stay of proceedings due to unreasonable delay.

The Crown sought summary dismissal for non-compliance with court rules regarding timely filing and service.

The court exercised its discretion to hear the application on its merits despite the procedural non-compliance.

Applying the Jordan framework, the court calculated the total delay, attributed significant portions to defence conduct (211 days), and then considered exceptional circumstances related to the COVID-19 pandemic.

The court deducted 63 days for pandemic-related delays (53 days for social distancing impacts on intake processes and 10 days for the second court shutdown's ripple effects).

This reduced the net delay below the presumptive ceiling of 18 months for the Ontario Court of Justice.

Consequently, the application for a stay of proceedings was dismissed.

Multiple appeals were filed regarding the Yonge Steeles Corridor Secondary Plan (YSCSP) and related site-specific zoning and subdivision applications in the City of Vaughan.

Following extensive study and settlements among the parties, the Tribunal approved modifications to the YSCSP that facilitate a transition from low-density, automobile-oriented commercial uses to a high-density, transit-supportive, mixed-use community.

The approved plan directs the tallest buildings to the Yonge-Steeles intersection, incorporates new street networks, and requires substantial linear parkland.

The Tribunal found the modified YSCSP consistent with the Provincial Policy Statement and in conformity with the Growth Plan and Regional Official Plan.

Two specific policies regarding parking and holding provisions, along with site-specific zoning and subdivision appeals, were deferred to a subsequent hearing phase.

The Ontario Land Tribunal conducted a Case Management Conference regarding numerous appeals of the City of Vaughan's Comprehensive Zoning By-law No. 001-2021 and Transitional By-law No. 039-2022.

The Tribunal granted party status to several entities, consolidated the proceedings for both by-laws, and set deadlines for filing comments.

Additionally, the Tribunal approved a settlement regarding the property at 4603 and 4611 Highway 7, amending the zoning by-law to correct site-specific development standards based on uncontested planning evidence.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 45-storey residential tower.

At the first Case Management Conference, the Tribunal granted party status to the Diocese and the Clinic on consent.

The parties expressed interest in Tribunal-led mediation.

The Tribunal directed the preparation of a revised draft Procedural Order and scheduled a second Case Management Conference, declining to set a 25-day hearing on the merits at this stage.