J. Jakubowski

At a Case Management Conference, the Ontario Land Tribunal considered requests for party and participant status in appeals concerning an Official Plan Amendment, a Zoning By-law Amendment, and a Draft Plan of Subdivision.

The Tribunal granted party status to the Canadian National Railway Company and the Stewarttown Community Association, and participant status to an adjacent landowner.

The Tribunal also ordered that the appeals be heard together and set dates for a 19-day merit hearing.

The Ontario Land Tribunal held a Case Management Conference to obtain status updates on the remaining appeals of the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on various issue-specific and site-specific appeals, noting ongoing settlement discussions.

The Tribunal directed all appellants to provide written updates to the City regarding their intentions to continue settlement discussions or provide an issues list, and scheduled a further Case Management Conference for June 2026.

This was a Case Management Conference regarding appeals of a municipal Official Plan.

The Tribunal granted party status to a new landowner on consent, as it recently purchased a portion of the lands subject to the original appeal.

The Tribunal also scheduled a 10-day hearing on the merits for the remaining appeal and directed the parties to provide updates on scoping and potential settlement for the new landowner's appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Primont Homes against the City of Markham's failure to make decisions on official plan and zoning by-law amendment applications for a proposed mixed-use development.

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

A request for party status by a local resident was denied due to non-attendance, but participant status was granted instead.

Participant status was also granted to approximately 60 other requestors.

A preliminary procedural order was approved, and a four-week hearing on the merits was scheduled for June 2026.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Brampton's Official Plan Amendments concerning Major Transit Station Areas.

The City requested that potential settlements be addressed via written hearings once council instructions are received, and that a party status request by Brampton Plan be deferred.

The Tribunal agreed, deferring the party status request and scheduling a further Case Management Conference for October 2025.

The City of Toronto brought a motion seeking to confirm the unappealed portions of Official Plan Amendment No. 499 (Golden Mile Secondary Plan), approve proposed modifications, and adjourn remaining site-specific appeals.

The Tribunal accepted the uncontested land use planning evidence that the modifications represent good planning and are consistent with provincial policies.

The Tribunal approved the modifications, confirmed the unappealed portions, and granted the requested adjournments on consent of the parties.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Aurora Official Plan, 2024.

The Tribunal granted party status to Allaura Limited Partnership, 16 20 22 Allaura Blvd Inc., and Macont Developments Inc. on consent.

The parties indicated an interest in Tribunal-led mediation, and the Appellants agreed to provide a draft issues list to the Town to facilitate instructions from Town Council.

A second Case Management Conference was not scheduled pending the outcome of mediation efforts.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated March 20, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to replace Andrea Wilson-Peebles with Steven Ross in the appearances section.

In all other respects, the original decision remains unchanged.

The Liquor Control Board of Ontario appealed a Zoning By-law Amendment passed by the City of Brampton that permitted a 42-storey and 37-storey mixed-use development on an abutting property.

The parties reached a settlement that revised the amendment to increase building setbacks and provide greater regulatory controls over massing and design to protect the appellant's property for future redevelopment.

Based on uncontested planning evidence, the Tribunal found the revised amendment represented good planning, allowed the appeal in part, and approved the revised Zoning By-law.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by The R.W. Bloor Street Development Corporation against the City of Toronto's refusal of Official Plan and Zoning By-law amendments for a 94-storey mixed-use building.

The Tribunal granted party status to Mizrahi Development Group (The One) Inc. and Toronto Standard Condominium Corporation No. 2208 on consent.

A 10-day hearing on the merits was scheduled for June 2024, and a Procedural Order with an Issues List was finalized.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 2697331 Ontario Inc. against the Town of Aurora's refusal of Official Plan and Zoning By-law Amendments for a residential development.

The Tribunal received status updates, noting an ongoing Town study and interim control by-law affecting the area.

The Tribunal approved a draft Procedural Order and Issues List, subject to potential future amendments, and scheduled a third Case Management Conference for December 2023.

The City of Toronto proposed to expropriate temporary and permanent easements over the owner's property to reconstruct a failing retaining wall.

The owner requested a Hearing of Necessity under the Expropriations Act, questioning the size of the permanent easement.

The Tribunal found that the taking of a one-metre permanent easement and a larger temporary construction easement was fair, sound, and reasonably necessary to achieve the City's objectives, as supported by the technical evidence.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the Liquor Control Board of Ontario against the City of Brampton's decision to grant a zoning by-law amendment for a mixed-use development.

The Tribunal granted Party status on consent to the Canadian National Railway Company and Metrolinx.

A 10-day hearing was scheduled for February 2024, and a Procedural Order was approved to govern the proceeding.

The appellants appealed a Committee of Adjustment decision refusing three variances to permit the construction of a detached dwelling.

At the hearing, the appellants revised their plans to require only one variance, but the opposing parties remained unsatisfied and were prepared to proceed.

The appellants refused to call evidence in support of their appeal and did not seek an adjournment.

As a hearing before the tribunal is a hearing de novo requiring evidence, the tribunal dismissed the appeal and upheld the Committee of Adjustment's decision.

The applicant appealed the City of Toronto's failure to pass a zoning by-law amendment to facilitate a 43-storey mixed-use building.

The parties reached a settlement prior to the hearing.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendment is consistent with the Provincial Policy Statement, conforms with the Growth Plan and the City's Official Plan, and represents good planning.

The appeal was allowed in part and the zoning by-law amendment was approved.

A case management conference was held regarding an expropriation claim.

The respondent requested a date to hear a motion to dismiss the claim due to the claimants' delay in advancing it.

The Tribunal scheduled the motion to dismiss for May 30, 2022, and directed the claimants to serve and file their affidavit of documents by April 15, 2022.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.

The City advised that settlements had been reached with several parties and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing for May 19, 2022, and a two-week merits hearing commencing July 4, 2022.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The Tribunal granted participant status to two individuals despite late notification, as there were no objections.

A nine-day video hearing was scheduled for December 2022, and a Procedural Order with an Issues List was issued to govern the proceedings.

At a Case Management Conference regarding an appeal of the City of Toronto's failure to pass a zoning by-law amendment, the Ontario Land Tribunal granted party status to an abutting property owner and participant status to two nearby property owners.

The Tribunal also scheduled a further Case Management Conference to finalize the Procedural Order and Issues List.