Julie Lesage

The Ontario Land Tribunal held a Case Management Conference regarding an expropriation by the respondent municipality of a property owned by the claimants.

The parties expected to have settlement discussions and potentially request mediation.

The Tribunal scheduled a five-day video hearing commencing April 8, 2025, and issued a Procedural Order to govern the conduct of the case.

The Ontario Land Tribunal held a Case Management Conference regarding an expropriation by the Regional Municipality of Peel.

The parties requested to schedule a hearing date and finalize a Procedural Order.

The Tribunal scheduled a five-day video hearing commencing March 31, 2025, and issued the requested Procedural Order to govern the conduct of the case.

This was a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendments, and Draft Plans of Subdivision for which the Town Council failed to make decisions.

The Tribunal ordered that the matters be heard together.

The Tribunal also granted party and participant status to several entities without objection.

Future Case Management Conferences and a 19-day merit hearing were scheduled.

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

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The Ontario Land Tribunal issued an amended procedural order on consent of the parties to govern the procedures leading up to and including a 15-day hearing scheduled to commence on March 4, 2024, regarding appeals by The Elia Corporation concerning official plan and zoning by-law amendments and a proposed plan of subdivision in the City of Mississauga.

The applicant appealed the City of Markham's failure to make a decision on official plan and zoning by-law amendment applications to permit a mixed-use redevelopment of a commercial site.

Prior to the merit hearing, the parties reached a settlement for a revised proposal comprising four new buildings, a retained heritage building, and a public park.

The Tribunal accepted uncontested expert planning evidence that the settlement proposal is consistent with provincial policy, conforms to regional and local official plans, and represents appropriate intensification.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of conditions related to sanitary servicing and finalization of the instruments.

The claimants sought compensation from the respondent municipality for the expropriation of their land for a road widening project.

At a status hearing, the parties advised the tribunal that settlement discussions were ongoing and requested an adjournment.

The tribunal directed the parties to return for a Case Management Conference on October 27, 2023, and to submit a draft procedural order if the matter was not settled.

The Tribunal held a settlement hearing regarding appeals of the City of Toronto's adoption of Official Plan Amendment No. 486 (the King-Spadina Secondary Plan).

Based on uncontroverted expert land use planning evidence, the Tribunal found that the modified OPA 486 is consistent with the Provincial Policy Statement, conforms with the Growth Plan, and conforms to the City's Official Plan.

The Tribunal approved the settlement, allowing the appeals in part to approve OPA 486 as modified, subject to remaining site-specific appeals.

The Appellants appealed a decision and order regarding contraventions of the Tires Regulation under the Resource Recovery and Circular Economy Act, 2016.

At the first Case Management Conference, the Appellants requested a five-day hearing, which the Respondent opposed.

The Tribunal declined to schedule hearing dates without a draft Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference and directed the parties to submit a Draft Procedural Order and Issues List.

The Ontario Land Tribunal issued a procedural order following a motion hearing regarding appeals by Timbercreek Four Quadrant GP2 Inc. against the City of Markham's failure to make decisions on requested official plan and zoning by-law amendments.

The appeals relate to a proposed redevelopment featuring a public park and five mixed-use buildings.

The order establishes the procedural requirements, dates, and issues list for a seven-day hearing scheduled to commence on October 10, 2023.

At a second Case Management Conference regarding an expropriation compensation claim, the parties advised the Tribunal that the Regional Council had approved a settlement.

The settlement included the payment of the claimant's costs, but the quantum of costs remained outstanding.

The Tribunal adjourned the CMC and directed the parties to provide an update on the status of the settlement by September 15, 2023.

A telephone conference call was held to address outstanding costs from a 2019 expropriation decision.

The parties had not yet resolved the costs issue.

The Tribunal ordered the claimant to respond to the region's request for further information by August 31, 2023, and directed the parties to advise by September 29, 2023, if they require adjudication of the costs dispute.

The parties were also encouraged to consider mediation.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by Eastway International Inc. against the City of Toronto's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment.

The applications seek to permit a residential development with 496 units.

The order sets out the procedural dates, issues list, and order of evidence for a 14-day video hearing scheduled to commence on February 20, 2024.

The claimant sought compensation under the Expropriations Act for the expropriation of a portion of her property by the Regional Municipality of Peel.

At the first Case Management Conference, the parties advised the Tribunal that a settlement had been reached, contingent upon the approval of the Region's Council.

The Tribunal scheduled a second Case Management Conference to confirm the settlement's approval.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments to permit a 3000-unit mixed-use community redevelopment.

The parties reached a full settlement.

The Tribunal accepted uncontested expert planning evidence that the proposed development is consistent with provincial policy, conforms to the Growth Plan and Official Plan, and represents good planning.

The appeals were allowed in part to approve the amended planning instruments.

The claimant sought $5.6 million in compensation under the Expropriations Act for the market value of lands to be transferred to the City for a stormwater management pond pursuant to a subdivision agreement.

The City brought a motion to dismiss the claim for lack of jurisdiction.

The Tribunal granted the motion, finding that no formal expropriation had occurred to trigger section 26 of the Act, and the parties had not explicitly consented to arbitration under section 30.

The claim was dismissed, with directives provided for the claimant to potentially amend its pleadings or pursue alternative remedies.

The Ontario Land Tribunal issued a procedural order following a Case Management Conference regarding appeals by Wedgewood Columbus Limited against the City of Vaughan's failure to adopt requested Official Plan and Zoning By-law amendments for the property at 7887 Weston Road.

The order sets out the organization of the 24-day hearing scheduled to begin on May 27, 2024, establishes the deadlines for the exchange of witness lists, expert reports, and visual evidence, and finalizes the Issues List to be adjudicated.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a comprehensive mixed-use redevelopment at 1900 Eglinton Avenue East.

At a settlement hearing, the Tribunal considered a proposed settlement between the applicant and the City, supported by uncontested expert planning evidence.

The Tribunal found that the proposed settlement, which includes 12 new residential and mixed-use buildings, public parkland, and affordable housing, represents good planning, is consistent with provincial policy, and conforms to the City's Official Plan.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The parties requested mediation, and a final Procedural Order was submitted and approved.

The Tribunal scheduled a 10-day video hearing to commence on April 24, 2023.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications for a mixed-use community.

The Tribunal granted party status to a residents' group and the school board, and participant status to 44 individuals.

A 14-day video hearing was scheduled for June 2023, and a Procedural Order was issued.