Kevin Pirak

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 Ontario Land Tribunal held a third Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 573.

The Tribunal removed the party status of four unrepresented non-appellant entities due to their unresponsiveness.

Updates were provided on ongoing mediation and settlement discussions with various appellants.

The Tribunal scheduled a ten-day merit hearing to commence on December 2, 2024, and issued directions for the finalization of the Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Curated North Inc. against the City of Markham's failure to decide on Official Plan and Zoning By-law Amendment applications for a 40-storey residential building.

The Tribunal granted party status to Canadian National Railway Company and Sunfield Homes Ltd., and participant status to a local residents' group.

Over the City's objections that a hearing would be premature pending an ongoing land use study, the Tribunal scheduled a 12-day merit hearing for September 2024 and a second CMC for January 2024, approving the Procedural Order and Issues List.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by the applicants against the City of Richmond Hill's failure to make decisions on requested Official Plan and Zoning By-law amendments.

The amendments seek to permit the development of two towers, 42 and 45 storeys in height.

The order establishes the procedural rules, timelines, and issues list for a 12-day video hearing scheduled to commence on July 2, 2024.

The applicants appealed the approval of an Official Plan Amendment and Zoning By-law Amendment by the County of Middlesex and the Municipality of Middlesex Centre.

The amendments were intended to facilitate the development of two apartment buildings with up to 193 units and a municipal stormwater management pond.

Prior to the hearing, the parties reached a comprehensive settlement.

Based on uncontested expert planning and engineering evidence, the Tribunal found that the proposed amendments, as modified by the settlement, were consistent with the Provincial Policy Statement, conformed to the applicable official plans, and represented good planning.

The appeals were allowed in part to approve the modified amendments.

The appellants appealed the City of Guelph's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision to permit the redevelopment of a brownfield site.

At the first Case Management Conference, the Tribunal granted party status to the Canadian National Railway Company and a local residents' association, and participant status to a local resident.

The Tribunal also directed the parties to finalize an Issues List and Procedural Order, and scheduled a 14-day merit hearing.

This was the first Case Management Conference regarding an appeal against the City of Richmond Hill's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The Tribunal granted party status to Canadian National Railway Company on consent.

A 12-day video hearing was scheduled to commence on July 2, 2024, and the parties were directed to submit a draft Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 295 Jarvis LP against the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 60-storey mixed-use building.

The Tribunal granted party status to Infrastructure Ontario and The Hospital for Sick Children, and participant status to a local resident.

A 12-day hearing on the merits was scheduled for May 2024.

The City of Toronto and the appellant, Samuel Sarick Limited, reached a settlement regarding an appeal of Official Plan Amendment 231 as it applies to the lands at 1911 and 1921 Eglinton Avenue East.

The settlement proposed redesignating the lands from General Employment Areas to Regeneration Areas and adding a new site and area specific policy to guide development.

Based on the uncontested expert planning evidence, the Tribunal found the proposed modifications represented good planning, were consistent with provincial policies, and conformed to the Growth Plan.

The Tribunal approved the settlement and allowed the appeal in part.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Toronto's Official Plan Amendment No. 573.

The Tribunal approved in principle a request to consolidate one appellant's OPA and Zoning By-law Amendment appeals, pending a similar finding in the ZBA proceeding.

The Tribunal also granted a motion on consent to adjourn another appellant's appeal sine die.

A third Case Management Conference was scheduled to further manage the proceedings.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment for properties in the City of Cambridge.

The Tribunal directed the parties to finalize the Procedural Order and Issues List, and scheduled a 25-day video hearing to commence in March 2024.

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 Tribunal held a second Case Management Conference regarding appeals by the applicant against the municipality and the county for failing to make decisions on a Zoning By-law Amendment and a draft plan of subdivision application.

The parties advised that mediation had occurred and a procedural order was being finalized.

The Tribunal scheduled a five-day merit hearing and issued the Procedural Order.

The applicant appealed the Town of Grimsby's failure to make decisions on Official Plan and Zoning By-law amendment applications to permit a 5-storey mixed-use building.

The proposal included retaining and repurposing an existing heritage house on the site.

The Town opposed the intensity of the development, arguing it was an overdevelopment for a Neighbourhood Commercial designation.

The Tribunal allowed the appeals in part, finding that the proposed infill development was appropriate and compatible with the heritage structure and surrounding neighbourhood, but directed specific modifications to the building setbacks and commercial floor area requirements.

The applicants appealed the Township's refusal of a zoning by-law amendment application intended to facilitate the creation of three new shoreline residential lots.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found that the proposed amendment, which includes mitigation measures to protect wetlands and deer wintering habitat, is consistent with the Provincial Policy Statement and conforms to the Township's Official Plan.

The appeal was allowed in part to approve the amended zoning by-law.

The Tribunal issued an order on consent of the parties to amend several dates in the Procedural Order for appeals concerning a proposed official plan amendment and zoning by-law amendment to permit the development of two 5-storey apartment buildings.

The Tribunal convened a Case Management Conference regarding appeals by 1571145 Ontario Limited and Jim Graham against the approval of an Official Plan Amendment and Zoning By-law Amendment by the County of Middlesex and the Municipality of Middlesex Centre.

The amendments would facilitate the development of two 5-storey apartment buildings.

The Tribunal directed that the appeals be heard together rather than consolidated, scheduled a five-day video hearing, and approved a Procedural Order and Issues List.

A Case Management Conference was held regarding appeals under the Planning Act and the Ontario Heritage Act for a proposed five-storey mixed-use building on a site with heritage implications.

The Tribunal directed that the appeals be heard together for efficiency.

A motion regarding whether Notice was properly issued was scheduled for a future date.

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.