D. Wood

The appellant appealed a Committee of Adjustment decision refusing variances required to legalize a rear basement addition and convert an existing detached garage into a two-storey garden suite.

The proposal required relief for building length, depth, setbacks, height, and angular planes.

The Tribunal preferred the evidence of the appellant's planner, finding that the revised proposal conformed with Official Plan policies and that strict application of the 45-degree angular plane was unnecessary given the site context.

The Tribunal allowed the appeal and authorized the variances subject to conditions.

The City of Toronto appealed a Committee of Adjustment decision granting a severance and minor variances to create two new residential lots at 84 North Drive.

The proponents sought to subdivide the property, requiring variances primarily for lot frontage.

The Toronto Local Appeal Body allowed the appeal, refusing the consent and variances.

The panel found that the proposed development did not respect and reinforce the existing physical character of the neighbourhood, noting a distinctive lotting pattern on the south side of the street that would not be maintained by the reduced frontages.

Following the resignation of the TLAB panel member who had presided over an eight-day hearing regarding a consent and minor variance appeal, the TLAB Chair issued an interim decision and order.

Due to the former member's severe health issues preventing him from completing the decision, the Chair invoked Rule 2.17 of the TLAB's Rules of Practice and Procedure to appoint a new member to complete the proceeding and issue a final decision, avoiding the need for a new hearing.

The accused was charged with second-degree murder following the death of a highly intoxicated victim who was beaten and stabbed in a park.

The Crown's case relied primarily on the testimony of an eyewitness who observed the accused and another individual jointly assault the victim, including striking him with a heavy pole and kicking him in a ditch.

Although it could not be determined who inflicted the fatal stab wound, the court applied the principles of co-principal liability under s. 21(1)(a) of the Criminal Code.

The court found that the accused's participation in the brutal group assault was a significant contributing cause of death and that the requisite intent for murder could be inferred from the viciousness of the attack on an incapacitated victim.

The accused was found guilty of second-degree murder.

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

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

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 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.

The Ontario Land Tribunal held a case management conference to obtain status updates and set hearing dates for the remaining appeals (Phases 6C, 6D, 6E, 6F, and 6G) of the City of Toronto's Official Plan Amendment No. 231.

The Tribunal approved procedural orders for Phases 6D and 6E, scheduled a settlement hearing for Phase 6C, set 10-day merit hearings for Phases 6D and 6E, and scheduled a further case management conference for Phase 6G.

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 moving party sought leave to appeal an Ontario Municipal Board decision awarding costs against him personally, despite him not being a party to the underlying zoning appeal.

The Board had found him to be the 'real litigant' or 'straw man' behind a non-profit corporation's appeal.

The Divisional Court granted leave to appeal on the questions of whether the Board has statutory jurisdiction to award costs against a non-party and whether it erred in principle in doing so on the facts of this case.

Leave was denied on issues of fair notice and SLAPP legislation.