Lee English

The Ontario Land Tribunal held a Case Management Conference regarding appeals by multiple developers against the Town of Oakville for failing to make decisions on their respective Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision applications.

The applications propose mixed-use developments in the Midtown Oakville area.

The Tribunal granted party status to two neighbouring landowners in the Cross Appeal and ordered that the Cross Appeal be heard together with the other related appeals.

A further Case Management Conference and a multi-week hearing were scheduled for 2024 and 2025.

The City of Brampton adopted the Heritage Heights Secondary Plan, which was subsequently appealed by multiple landowners and developers.

Following extensive mediation, the parties reached a settlement resulting in a Revised Heritage Heights Secondary Plan that accommodates provincial transportation and transmission corridors while increasing projected population and jobs.

Based on uncontroverted expert planning evidence, the Tribunal found the revised plan consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part, approving the modified plan save for two deferred areas that remain subject to ongoing discussions.

At a Case Management Conference, the Ontario Land Tribunal considered requests to consolidate site-specific zoning and subdivision appeals with ongoing Official Plan Amendment appeals concerning lands in the Town of Oakville.

The Tribunal granted the consolidation request on consent of the parties.

The Tribunal also directed the parties to proceed to Tribunal-assisted mediation and scheduled a further Case Management Conference for December 2024, along with a four-week merit hearing in June and July 2025.

The applicant appealed the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development of 1,321 dwelling units.

The parties reached a settlement prior to the hearing.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal was consistent with provincial policies, conformed to the applicable official plans, and represented good planning.

The appeals were allowed in part to approve the revised planning instruments and draft plan conditions.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

At a Case Management Conference regarding multiple appeals of Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision in the Town of Oakville, the Tribunal granted party and participant status to several entities on consent.

The Tribunal declined a request by the appellants to consolidate the site-specific appeals and set hearing dates, finding it premature given potential upcoming legislative changes to the Planning Act.

A further Case Management Conference was scheduled.

The City of Vaughan brought a motion for directions to approve three settlements (one partial, two full) resolving appeals to its new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The appeals related to the failure of the new by-laws to carry forward previous site-specific approvals.

The Tribunal accepted uncontested planning evidence that the proposed amendments to implement the settlements represent good planning.

The Tribunal allowed the appeals in part to amend the by-laws accordingly.

The Tribunal also granted the City's request to deem the by-laws in force for specific lands where appeals had been withdrawn.

The Ontario Land Tribunal held a first Case Management Conference regarding various appeals of the City of Brampton's Official Plan Amendment for interim policies of Major Transit Station Areas.

The parties requested a second CMC to allow time to narrow the Issues List and prepare a draft Procedural Order.

The Tribunal scheduled a second CMC for May 30, 2024, to proceed by video.

At a Case Management Conference for appeals against the District Municipality of Muskoka's approval of the Township of Muskoka Lakes' new Official Plan, several community groups and individuals requested party or participant status.

Applying the Oakville Factors and the requirements of the Planning Act, the Tribunal granted party status to four cottage and stakeholder associations, finding their involvement would assist in the effective adjudication of the issues without causing undue prejudice.

The Tribunal denied party status to two individuals, finding their concerns were either site-specific or better suited for participant status, and granted participant status to one of them.

A case management conference was held regarding an appeal of a zoning by-law amendment to permit a 250-suite hotel development in Toronto.

The Tribunal granted participant status to two community groups on consent.

A seven-day video hearing was scheduled for October 2024, and a procedural order was issued to govern the proceedings.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Tricar Properties Limited against the City of Guelph for failing to make a decision on a Zoning By-Law Amendment application within the statutory timeframe.

The Tribunal granted participant status to seven individuals concerned with traffic impacts.

The City indicated its intent to file a motion arguing the appeal is not properly before the Tribunal due to a recent resubmission.

The Tribunal scheduled a second Case Management Conference for October 2024 and a 10-day merit hearing for March 2025.

This was a Case Management Conference regarding appeals of the Town of Milton's Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan.

The appellants and the Town reached a proposed settlement that resolves all issues on the Issues List, and discussions with the Regional Municipality of Halton were ongoing.

The Tribunal directed the parties to submit a revised Procedural Order with a scoped Issues List and a written update on whether a contested hearing would still be required.

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The Tribunal approved a settlement resolving Phase 2 and Phase 3 of appeals concerning Official Plan Amendment No. 32 (OPA 32) for the Southwest Georgetown Lands in the Town of Halton Hills.

The settlement modifies OPA 32 to establish a secondary plan permitting approximately 9,300 dwelling units, commercial and institutional uses, and a transportation network.

Based on uncontroverted expert planning evidence, the Tribunal found the modified OPA 32 is consistent with the Provincial Policy Statement, conforms to the Growth Plan and Regional Official Plan, and represents good planning.

The appeals were allowed in part to approve the modifications, and the related private official plan amendment appeals were dismissed.

The Ontario Land Tribunal held a first Case Management Conference to organize hearings for nine appeals concerning three geographically related properties in Midtown Oakville.

The appellants seek to amend the Livable Oakville Official Plan and site-specific zoning, and request draft plans of subdivision to permit multiple residential towers with mixed-use podiums.

The Tribunal ordered that the appeals be heard together due to their proximity and commonality.

Party and participant status were granted to several entities, and a second Case Management Conference and a six-week hearing were scheduled.

A case management conference was held regarding appeals by three developers against the Town of Oakville for failing to make decisions on official plan amendments, zoning by-law amendments, and plans of subdivision for mixed-use developments.

The Tribunal granted party and participant status to several entities, ordered that the appeals be heard together due to their proximity and common issues, and scheduled a second case management conference and a six-week hearing.

The Ontario Land Tribunal conducted a case management conference to address multiple appeals of the City of Vaughan's Comprehensive Zoning By-law 001-2021 and Transitional By-law 039-2022.

The Tribunal heard and approved several settlement motions on consent, which corrected mapping errors and recognized site-specific exceptions for various properties.

Based on uncontested expert planning evidence, the Tribunal found the amendments consistent with provincial policies and good planning.

The Tribunal also issued an order under section 34(31) of the Planning Act deeming the un-appealed portions of the Comprehensive Zoning By-law to be in force.

The City of Vaughan brought a motion for directions to approve five settlements regarding appeals to its new Comprehensive Zoning By-law 001-2021 and related Transition By-law 039-2022.

The appeals related to the failure of the new by-laws to recognize previous site-specific approvals.

The Tribunal accepted uncontested planning evidence that the proposed amendments to implement the settlements represented good planning.

The Tribunal approved the settlements and amended the by-laws accordingly.

The Tribunal also ordered that the by-laws were deemed to have come into force for specific lands where appeals had been withdrawn, pursuant to section 34(31) of the Planning Act.