Luke Johnston

The Tribunal convened a Case Management Conference for appeals by Dunpar Homes regarding the City of Toronto's cash-in-lieu of parkland levy and development charge calculation for an industrial development.

The parties requested that the cases be separated, as the parkland appeal may proceed to the courts on a jurisdictional issue, while the development charge appeal is nearing settlement.

The Tribunal ordered the cases to proceed separately and directed the parties to provide written updates by August 1, 2023.

The Tribunal convened a first Case Management Conference for two appeals by the appellant regarding a cash-in-lieu of parkland levy and a development charge calculation by the City of Toronto.

The parties requested that the cases be separated, as the parkland appeal may proceed to the courts on a jurisdictional issue, while the development charge appeal is nearing settlement.

The Tribunal ordered the appeals to proceed as separate cases and directed the parties to provide a written update by August 1, 2023.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 699-unit residential development.

At the first Case Management Conference, the Tribunal granted party status to Kingsway Park Ratepayers Inc. over the applicant's objections.

The Tribunal directed the parties to prepare a draft Procedural Order and Issues List prior to a second Case Management Conference scheduled for February 2023.

The parties appealed the City of Mississauga's Official Plan Amendment No. 115.

Following the withdrawal of multiple motions by the parties, a Case Management Conference was held to establish next steps.

The Tribunal issued a Procedural Order on consent, scheduling an 8-day Phase 1 hearing and a 25-day Phase 2 hearing for 2023.

The Tribunal held a second Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 558, which revises housing affordability definitions.

The Tribunal granted Non-Appellant Party status to the Regent Park Neighbourhood Association and ACORN Canada, and Participant status to Walied Khogali Ali.

The Tribunal also set deadlines for scoping site-specific issues, updating the Procedural Order, and scheduled a third Case Management Conference for January 20, 2023.

The applicant builder commenced construction on several blocks of a housing development without building permits.

The City's Chief Building Official issued Orders to Comply and Stop Work Orders.

The applicant appealed the orders under section 25 of the Building Code Act, arguing they were impossible to comply with due to the City's delays in issuing permits.

Although the appeal was moot because the orders had since been cleared, the court exercised its discretion to hear it.

The court affirmed the Orders to Comply, finding they reasonably required the applicant to stop illegal construction immediately.

However, the court rescinded the Stop Work Orders because the Act requires a breach of an Order to Comply before a Stop Work Order can be issued, which had not occurred.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 10-storey residential condominium and 10 townhouses.

The core issue was whether redesignating a portion of the site from 'Neighbourhoods' to 'Mixed Use Areas' was appropriate.

The Tribunal preferred the evidence of the applicant's experts, finding that the proposed development represents good planning, provides appropriate transition to the adjacent low-rise neighbourhood, and conforms to provincial and municipal policies.

The appeals were allowed in part, approving the development in principle subject to conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal under s. 42(10) of the Planning Act concerning the City's failure to require cash-in-lieu of parkland before issuing a building permit.

The parties reported progress toward a settlement but anticipated additional appeals from other unit owners.

The Tribunal scheduled a third CMC for October 2022 and ordered the parties to file a draft Procedural Order if the matter is not resolved.

The applicant appealed the City of Toronto's failure to make a decision on zoning by-law amendment applications to permit a 14-unit townhouse development adjacent to the Metrolinx Rail Corridor.

The City did not oppose the development from a land use or urban design perspective, but raised concerns regarding rail safety.

The Tribunal accepted the uncontested expert evidence of the applicant in land use planning, urban design, and rail safety.

The Tribunal found that the proposed development, which includes a crash wall and a 25-metre setback from the rail corridor, adequately addresses rail safety risks, is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The appeal was allowed in part, and the zoning by-law amendments were approved subject to post-approval conditions.

A Case Management Conference was held regarding an appeal under s. 42(10) of the Planning Act concerning the respondent's failure to require cash-in-lieu of parkland before issuing a building permit.

The parties advised that related appeals and development charge issues were overlapping and settlement discussions were underway.

The Tribunal scheduled a further Case Management Conference to allow time for these discussions and potential consolidation of appeals.

This was the second Case Management Conference regarding an appeal by 1319283 Ontario Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 10-storey residential condominium.

The Tribunal finalized the Procedural Order and Issues List, and scheduled a 10-day video hearing for August 2022.

The parties also requested Tribunal-led mediation.

The Tribunal held a first Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment No. 115, which revises policies for Central Erin Mills Node and mall-based Community Nodes.

The Tribunal granted party status to The Children's Centre South Common Court Inc. on an unopposed basis.

The parties agreed to identify specific policies under appeal, produce a draft consolidated issues list, and prepare a draft Procedural Order.

A second Case Management Conference was scheduled to review the Procedural Order and plan for a possible hearing.

The Tribunal issued an amending decision to correct a typographical error in its July 21, 2021 decision.

The correction clarified that the City had suggested 30 days prior to witness statements exchange would be insufficient, whereas the applicant submitted that a 90-day deadline would better facilitate a settlement.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a 14-unit townhouse development.

At this Case Management Conference, the Tribunal granted party and participant status to several local residents.

The Tribunal finalized the Procedural Order and Issues List, striking a proposed issue that would have required the final zoning by-law to be satisfactory to the resident parties, finding it inappropriate to give third parties such control.

An 8-day hearing was scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant for an Official Plan Amendment and Zoning By-law Amendment to permit a 10-storey residential condominium.

The Tribunal allowed the applicant to amend its appeal to include recently acquired adjacent lands, finding no prejudice to any parties.

Several individuals and a neighbourhood group were granted participant status on consent.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The homeowner appealed a Tarion Warranty Corporation decision denying claims that his master bedroom was smaller than the Ontario Building Code minimum and that a flooring transition was defective.

The Licence Appeal Tribunal found that the bedroom size met the OBC requirements when measured according to industry practice, and that the flooring transition was suitably eased and not defective.

The appeal was dismissed.

The appellants appealed a decision by Tarion Warranty Corporation denying their claim regarding the placement of a window in their new home.

The appellants argued that the window's asymmetrical interior placement constituted a defect in workmanship.

The Licence Appeal Tribunal found that while the interior spacing differential was noticeable, the window was fully functional, constructed according to the plans, and symmetrical on the exterior.

The Tribunal concluded there was no defect in workmanship and no evidence of damages, dismissing the appeal.

The homeowners appealed a decision by Tarion Warranty Corporation denying their second-year warranty claim regarding their staircase.

The homeowners alleged the stair risers, treads, and carpet violated the Ontario Building Code, causing them to fall.

The Licence Appeal Tribunal dismissed the appeal, finding the homeowners failed to provide objective measurements proving the stairs exceeded Building Code tolerances, and held that the carpet claim was out of time as it fell under the first-year workmanship warranty.