Jason Cherniak

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals of the City of Richmond Hill's Official Plan Amendment No. 18.6.

The Tribunal issued a Procedural Order and scheduled a seven-day merit hearing to commence by video on April 13, 2026.

The Tribunal held a third Case Management Conference regarding appeals of the City of Richmond Hill's Official Plan Amendment No. 18.6.

Several appellants withdrew their appeals.

The remaining appellants, Harry and Pamela Harakh, consented to scoping their appeal to specific lands.

The Tribunal ordered that OPA 18.6 comes into effect, except for the policies and schedules applying to the scoped lands, and scheduled a motion hearing regarding jurisdiction.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Richmond Hill's Official Plan Amendment No. 18.6.

The Tribunal scheduled a subsequent Case Management Conference for February 27, 2025, and ordered the parties to submit a final draft Procedural Order, Issues List, and a draft Order relating to the OPA by December 16, 2024.

A first Case Management Conference was held regarding appeals of the Regional Municipality of York's decision to approve Official Plan Amendment No. 18.6 to the City of Richmond Hill's Official Plan.

The Tribunal confirmed the validity of one appeal filed by email on the final day of the statutory period.

The Tribunal granted participant status to a local resident and party status to several corporate entities.

A motion was scheduled to determine whether the Region properly provided the Notice of Decision to two entities seeking appellant status, considering legislative changes under Bill 23 and Bill 185 that shifted approval authority from the Region to the City.

A second Case Management Conference was scheduled to further refine the issues.

The applicants, a group of condominium owners, challenged a new rule requiring owners to exclusively use Airbnb for short-term rentals, alleging it was discriminatory and improperly implemented.

The application was brought as a dispute over a nuisance under the Condominium Act, 1998.

The Condominium Authority Tribunal dismissed the application, finding that while the rule addressed some nuisances, its broader purpose extended beyond the Tribunal's limited jurisdiction.

Following a two-phase hearing regarding the Yonge & Bernard Key Development Area Secondary Plan, multiple parties brought motions for costs against North Elgin Centre Inc. (NEC).

The moving parties alleged that NEC's counsel engaged in unreasonable, frivolous, and vexatious conduct, including refusing to scope issues, failing to call evidence after indicating an intention to do so, conducting improper cross-examinations, and repeatedly ignoring Tribunal directions.

The Tribunal agreed, finding NEC's conduct to be reprehensible and outrageous.

Costs were awarded to the moving parties on a full indemnity basis, totaling $202,890.63.

The Ontario Land Tribunal heard Phase 2 of appeals regarding the Yonge and Bernard Key Development Area (KDA) Secondary Plan and Zoning By-law in the City of Richmond Hill.

The hearing focused on site-specific development applications and policies for the eastern quadrants and the Di Pede lands in the northwest quadrant.

The Tribunal approved the City's proposed modifications, which were supported by expert planning, transportation, and environmental evidence.

The Tribunal upheld the Greenway System designation and natural hazard buffer requirements for the northeast quadrant, dismissing the appeals of North Elgin Centre Inc. (NEC), which failed to call any evidence.

All other appeals were dismissed, bringing the Secondary Plan and Zoning By-law into effect for the remaining lands.

The Ontario Land Tribunal held a Case Management Conference to settle the Issues and Procedural Order for Phase 2 of a hearing regarding multiple appeals of Official Plan and Zoning By-law amendments in the Town of Richmond Hill.

The Tribunal approved the City's proposed Hearing Plan, which divided the hearing into four sub-phases, and rejected attempts by North Elgin Centre Inc. to expand the issues list to include area-wide matters such as the location of the Bernard Bus Terminal.

The Tribunal also corrected a minor omission in a previous zoning by-law amendment and dismissed a renewed motion for recusal.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 499 (the 'Golden Mile' secondary plan).

The Tribunal granted party status to three non-appellant entities, subject to their sheltering under existing issues.

The Tribunal noted that the parties have agreed to Tribunal-led mediation and found it premature to require the preparation of an Issues List until mediation is completed.

A second Case Management Conference was scheduled for October 2021.

The appellant appealed the property assessment of their waterfront residential property for the 2019 and 2020 taxation years.

The Municipal Property Assessment Corporation (MPAC) assessed the property at $1,090,000, while the appellant argued for a value of $510,000.

The Assessment Review Board analyzed comparable sales and determined the correct current value to be $740,000.

Applying an equitable reduction pursuant to section 44(3)(b) of the Assessment Act, the Board further reduced the assessment to $670,000.