Gurnick Perhar

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (OPA 615).

The parties provided a status update and requested the scheduling of a 30-day merit hearing.

The Tribunal scheduled a fourth Case Management Conference for January 9, 2024, and a 30-day merit hearing commencing October 16, 2024.

A Procedural Order was appended to govern the proceedings.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1306497 Ontario Inc. for a proposed transit-oriented development in the City of Vaughan.

The Tribunal granted party status to eleven requesters and participant status to one ratepayers association without objection.

The Tribunal directed the applicant to finalize the Procedural Order and Issues List for submission by July 11, 2023, and scheduled a five-day hearing on the merits for April 2024.

This was the first Case Management Conference regarding appeals against an Official Plan Amendment and Zoning By-law Amendment to permit a 662-unit residential subdivision on the former Board of Trade Golf Course in Vaughan.

The Tribunal directed the parties to finalize a Draft Procedural Order and noted the applicant's intent to bring a motion to dismiss one of the appeals.

The appellants appealed a Committee of Adjustment decision granting minor variances to permit the construction of a swimming pool and cabana with reduced woodlot and side yard setbacks.

The Tribunal found that the requested variances failed the four tests under section 45(1) of the Planning Act.

Specifically, the proposal lacked a required woodlot study, created potential adverse drainage impacts, and presented unacceptable massing and overlook issues.

The appeal was allowed and the variances were not authorized.

The applicants appealed a Committee of Adjustment decision denying a minor variance for reduced rear and side yard setbacks to facilitate the installation of a pool.

A neighbour opposed the application, citing drainage and privacy concerns.

The Tribunal allowed the appeal, finding no clear evidence of an unacceptable adverse impact on the neighbouring property, as drainage issues would be addressed through the City's pool permitting process.

The Tribunal concluded that the variance met the four tests under section 45(1) of the Planning Act, subject to a condition requiring low-impact development measures for stormwater runoff.

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 applicant appealed the Committee of Adjustment's refusal of minor variances required to validate an existing detached garage and loggia that were built closer to the lot line than previously approved.

The City took no position on the appeal but requested a condition regarding lot grading and stormwater management.

Relying on uncontested expert planning evidence, the Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as they maintained the intent of the Official Plan and Zoning By-law, were desirable, and were minor in nature.

The appeal was allowed in part and the variances were authorized subject to the City's requested condition.

The appellants appealed a decision of the City of Vaughan Committee of Adjustment authorizing minor variances for a property.

Neither the appellants nor their legal counsel attended the scheduled video hearing.

The Ontario Land Tribunal dismissed the appeal due to their non-attendance.

The applicant indicated an intention to seek costs.

The appellant appealed the Committee of Adjustment's decision to approve minor variances for the construction of an in-ground swimming pool and an ancillary shed on the subject property.

The parties reached a settlement and presented a revised site plan that increased the size of the daylight triangle to address safety concerns.

Based on the uncontested planning evidence of the City planner, the Tribunal found that the amended variances met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed in part to authorize the variances subject to the conditions agreed upon in the settlement.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal by Dufcen Construction Inc. regarding the City of Vaughan's failure to adopt a requested official plan amendment and zoning by-law amendment.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties, and the consolidated issues list.