Mercedes Mueller

The appellant appealed the imposition of development charges by the Region of York and the Town of Newmarket following a provisional consent to create two residential parcels.

At the first Case Management Conference, the Ontario Land Tribunal granted party status to the Region and Town in each other's respective appeals and ordered the matters to be heard together.

Over the appellant's objection, the Tribunal directed that the merit hearing proceed in writing.

The moving party sought a declaration that a new standalone residential building (a second house on a 53-acre property) was exempt from development charges under s. 2(3.3)1 of the Development Charges Act.

The Ontario Land Tribunal interpreted the provision, finding that the exemption applies to a second residential unit within a new building, not to a new standalone building itself.

The Tribunal dismissed the motion, concluding that the future dwelling did not qualify for the exemption and development charges were payable.

The Township of King and the Regional Municipality of York brought a motion for directions arguing that the Tribunal lacked jurisdiction to hear an appeal under the Development Charges Act because the underlying development charge had not been paid prior to the complaint being filed.

The moving parties asserted that the statutory scheme requires a 'payment first' approach.

The Tribunal dismissed the motion, finding that the plain language of section 20 of the Act does not require payment of a development charge as a precondition to bringing a complaint.

The appeal was directed to proceed to a hearing on the merits.

The appellant appealed the lack of a decision by the township and region regarding complaints made under s. 20 of the Development Charges Act.

The appellant argued that the proposed development of an additional single-family dwelling was exempt from development charges.

At the first Case Management Conference, the township argued the appeal was invalid because the appellant had not yet paid the charges or obtained a building permit.

The Tribunal determined that a threshold jurisdictional question must be answered before proceeding to a hearing on the merits and scheduled a written motion for direction.

Jane Teston Holdings Inc. appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law amendments to permit an 11-storey (later revised to 8-storey) residential building.

The City opposed the development, arguing it was an overdevelopment and would cause unacceptable traffic impacts on local roads.

The Tribunal preferred the applicant's expert evidence, finding that the traffic modelling was appropriate and that the development represented a gentle form of intensification that conformed with the Growth Plan, York Region Official Plan, and City of Vaughan Official Plan.

The appeals were allowed in part, approving the amendments in principle.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for a proposed 6-storey residential building.

The Tribunal granted party status to the regional municipality and one resident, and participant status to several other area residents.

The Tribunal also scheduled a 10-day hearing and approved the Procedural Order and Issues List.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a residential development.

Prior to the hearing, the parties reached a settlement for a revised proposal consisting of a 5-storey, 129-unit condominium apartment building.

Based on the uncontroverted expert land use planning evidence, the Tribunal found the revised proposal consistent with provincial policy and in the public interest.

The Tribunal granted the zoning appeal in part and granted site plan approval in principle, withholding the final order pending finalization of conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 7080 Yonge Limited against the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a mixed-use high-rise development.

The Tribunal granted participant status to one individual and party status to nine entities on consent.

A second Case Management Conference was scheduled to finalize the Procedural Order, Issues List, and set a hearing date.

The Ontario Land Tribunal issued a procedural order to govern the video hearing scheduled for May 2, 2022, regarding appeals by 2472498 Ontario Inc. for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval in the Township of King.

The order sets out the procedural dates, parties, participants, and the final consolidated issues list.

This was the second Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on an Official Plan Amendment to establish a secondary plan.

A party requested that the scheduling of a hearing be deferred due to alleged jurisdictional issues related to an incomplete environmental assessment and ongoing litigation.

The Tribunal found that the party must bring a formal written motion to determine the jurisdictional issue.

The Tribunal scheduled a hearing on the merits and approved the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications for an 11-storey residential building.

The Tribunal granted party status to the region on consent and recognized 51 participants.

The Tribunal approved the finalized Procedural Order and scheduled a 10-day video hearing for the merits of the appeals.

This was the first Case Management Conference for an appeal by the applicant regarding the municipality's failure to make a decision on an Official Plan Amendment to establish a secondary plan.

The Tribunal granted party and participant status to several entities and individuals.

Due to ongoing court proceedings and the recent circulation of updated documents, the Tribunal deferred the finalization of the Issues List and the scheduling of the hearing on the merits to a second Case Management Conference.