Maggie Cheung-Madar

The appellant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development with three high-rise towers.

At the second Case Management Conference, the Tribunal was advised that the appellant and the City had reached a settlement.

Another party requested more time to review the settlement materials, and the City required time to finalize the planning instruments.

The Tribunal scheduled a further Case Management Conference to present the settlement or schedule a hearing date.

The Ontario Land Tribunal issued a procedural order following a motion hearing regarding appeals by Timbercreek Four Quadrant GP2 Inc. against the City of Markham's failure to make decisions on requested official plan and zoning by-law amendments.

The appeals relate to a proposed redevelopment featuring a public park and five mixed-use buildings.

The order establishes the procedural requirements, dates, and issues list for a seven-day hearing scheduled to commence on October 10, 2023.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a six-storey mixed-use building on a site containing heritage buildings.

The parties reached a settlement that revised the proposal from a seniors-oriented institutional building to a mixed-use residential/commercial building with increased step-backs and heritage retention.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable Official Plans.

The appeal was allowed in part, and the instruments were approved in principle on an interim basis.

The applicant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 10-storey residential building.

The parties reached a settlement and presented the revised instruments to the Tribunal.

Relying on uncontested expert planning evidence, the Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable official plans, and represents good planning.

The appeal was allowed and the planning instruments were approved.

The Ontario Land Tribunal held a second Case Management Conference concerning appeals by the applicant regarding the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit the redevelopment of a shopping centre site with a public park and five mixed-use buildings.

The Tribunal finalized the Procedural Order, confirmed participant status for a residents' association representative, and provided guidance on mediation services.

The Tribunal held a first Case Management Conference regarding appeals from the City of Markham's failure to make decisions on Official Plan and Zoning By-law amendment applications for a mixed-use development.

New World Centre (Markham) Development Corp., a neighbouring property owner, requested and was granted party status on consent.

The parties advised they are engaged in settlement discussions.

The Tribunal scheduled a second Case Management Conference for August 21, 2023, and directed the parties to submit a draft Procedural Order and consolidated Issues List.

The applicant appealed the City of Markham's failure to make a decision on a Zoning By-law Amendment application to permit increased height and density for two residential towers.

At a settlement hearing, the Tribunal considered the revised proposal, which included changes to the Draft Plan of Subdivision and associated conditions.

Based on uncontroverted expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The Tribunal approved the settlement, allowing the appeal in part to implement the revised Zoning By-law Amendment and Draft Plan of Subdivision.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Zonix Group Inc. against the City of Markham's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 533-unit residential development.

The Tribunal granted party status to the City of Toronto and participant status to several local residents.

A five-day video hearing was scheduled for November 2023, and the parties were directed to finalize a Procedural Order and Issues List.

The responding parties appealed the site plan application fees levied by the moving party municipality, having paid a portion under protest.

Prior to the scheduled two-day hearing on the merits, the municipality brought a motion to adjourn.

On consent of the parties, the Tribunal granted the adjournment, converted the hearing event into a Case Management Conference, scheduled a new four-day hearing, and issued procedural directions for the exchange of materials and a hearing plan.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant from the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision.

The parties advised that a settlement was imminent but required additional time to resolve one outstanding issue and allow for City Council meetings.

The Tribunal scheduled a third Case Management Conference for February 27, 2023, directing the parties to either present a settlement or provide a draft Procedural Order and Issues List.

The applicant appealed the City of Markham's failure to make a decision on Official Plan and Zoning By-law amendment applications for a proposed mixed-use redevelopment.

At the first Case Management Conference, the Tribunal granted participant status to several neighbours and directed one unincorporated group to incorporate before the next CMC.

The Tribunal also limited a participant's 28-page submission to three pages of written submissions without evidence, pursuant to section 17 of the Ontario Land Tribunal Act.

A second CMC and a seven-day hearing on the merits were scheduled.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a six-storey, 308-unit retirement residence.

The Tribunal granted Participant status to two individuals, directed the parties to finalize a Procedural Order and Issues List, and scheduled a six-day hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant from the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision.

The Tribunal consolidated the three appeals on consent and granted party status to the regional municipality.

The parties advised that a settlement in principle had been reached, and a second Case Management Conference was scheduled to either convert to a settlement hearing or set hearing dates.

The appellant appealed the City of Markham's approval of a Zoning By-law Amendment that permitted a six-storey office, retail, and industrial complex.

Prior to the hearing, the parties reached a settlement and presented a revised Zoning By-law Amendment.

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

The appeal was allowed in part to approve the revised Zoning By-law Amendment.

The appellant appealed the Committee of Adjustment's refusal of consent and minor variance applications to create a new residential lot and construct additions to an existing dwelling and detached garage on a property located within a heritage conservation district.

The Tribunal allowed the appeal, accepting uncontradicted expert planning evidence that the proposal satisfies the criteria for consent under the Planning Act and that the variances meet the four tests, being minor, desirable, and maintaining the intent of the official plan and zoning by-law.

The appellant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment, site plan approval, and draft plans of subdivision and condominium for a residential infill development.

The parties reached a settlement to permit an 11-unit residential development.

Based on uncontested expert planning and transportation evidence, the Tribunal approved the settlement, finding the revised applications consistent with provincial policies and in conformity with applicable official plans.

The Tribunal also granted the municipality authority to clear conditions and administer final approval of the subdivision plan.

The appellant appealed the City of Brampton's failure to make decisions regarding an official plan amendment, zoning by-law amendment, draft plan of subdivision, and site plan for the property at 9124 Dixie Road.

During a telephone conference call, the Tribunal was advised that the parties had resolved the zoning by-law and draft plan of subdivision appeals and that the official plan amendment was no longer required.

The only remaining issues in dispute related to engineering aspects of the common element of the site plan.

The Tribunal scheduled a three-day video hearing to consider the settlement and hear evidence on the remaining site plan issues.