Marc Hardiejowski

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

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

The appellants appealed the City of Toronto's approval of a zoning by-law amendment to permit a three-storey supportive housing apartment building for people leaving homelessness on a site currently occupied by a seniors' apartment building.

The appellants argued the new development would be incompatible with the existing seniors' residence and sought to restrict the new building's occupancy to senior citizens.

The Tribunal found that the proposed development was compatible with the existing building and that restricting occupancy by age would be inconsistent with the Provincial Policy Statement and human rights principles.

The appeals were dismissed.

This decision arises from a Case Management Conference regarding an appeal by the ABC Residents Association against the City of Toronto's approval of Official Plan and Zoning By-law amendments for a 12-storey mixed-use building.

The Tribunal granted participant status to one individual on consent, approved the draft Procedural Order and Issues List, and scheduled a five-day video hearing on the merits for July 2024.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The application proposed redeveloping the subject lands with three 13-storey residential buildings.

At the first Case Management Conference, the Tribunal scheduled a second CMC to allow City staff time to prepare an Appeal Report for City Council and subsequently draft an Issues List.

The Tribunal also directed that any Participant status requests be submitted prior to the next CMC.

The appellant appealed the City of Toronto's comprehensive Zoning By-law No. 569-2013, seeking to have site-specific exceptions from a former by-law continue to apply to its lands.

The parties reached a settlement and requested the Tribunal to approve a revision to the by-law.

Based on uncontroverted expert planning evidence, the Tribunal found the revision represented good planning, maintained the intent to harmonize zoning by-laws, and provided clarity.

The appeal was allowed in part to implement the agreed-upon zoning by-law amendments.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application for a 52-storey mixed-use building.

The parties reached a settlement for a revised 44-storey building.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan, representing good planning.

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by Urban Capital Harbour (Marlee) Inc. for the City of Toronto's failure to make a decision on official plan and zoning by-law amendments.

The applicant had revised its proposal to a 12-storey residential building with 362 units.

The Tribunal approved the Procedural Order and Issues List submitted by the parties and scheduled a seven-day hearing on the merits.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its previous decision dated August 1, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the appearances list without prior notice to the parties.

In all other respects, the original decision remains unchanged.

The appellant appealed the city's failure to make a decision on a zoning by-law amendment application to permit an eight-storey residential building.

The parties reached a settlement and presented uncontested expert planning evidence supporting the development.

The Tribunal found that the proposed amendment was consistent with the Provincial Policy Statement, conformed to the Growth Plan and the city's Official Plan, and represented good planning.

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of various conditions, including the conveyance of a ravine buffer to the city.

The applicant appealed a Committee of Adjustment decision refusing minor variances for lot area and frontage to permit the construction of two detached dwellings.

After multiple adjournments and a failure to file document disclosure and witness statements until the night before the scheduled hearing, the applicant brought a motion to admit the late-filed materials.

The City of Toronto brought a cross-motion to dismiss the appeal.

The Toronto Local Appeal Body refused to admit the late materials, finding that the delay was prejudicial to the other parties and not in good faith.

The tribunal granted the City's motion and dismissed the appeal without a hearing on the merits, concluding that the applicant's conduct constituted an abuse of process.

A Case Management Conference was held regarding multiple appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received status updates on various phases and topic-specific appeals, including parking, cemeteries, multi-tenant housing, places of worship, propane storage, and school boards.

Several appeals were noted as withdrawn or resolved.

The Tribunal scheduled dates for the submission of motion materials and written hearings to resolve Phases 3 and 4, as well as Appeal No. 62.

A further Case Management Conference was scheduled for November 6, 2023.

The Tribunal held a Case Management Conference regarding appeals against the City of Toronto's approval of a zoning by-law amendment to permit a three-storey apartment building for affordable rental and supportive housing.

The Tribunal granted participant status to several individuals on consent and granted non-appellant party status to Voices of Willowdale Inc. A three-day video hearing was scheduled to consider the merits of the appeals, and a Procedural Order was approved to govern the proceedings.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law amendment applications for a proposed 10-storey mixed-use building.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the revised proposal, which included height reductions and increased setbacks, was consistent with the Provincial Policy Statement and conformed to the Growth Plan and Official Plan.

The Tribunal allowed the appeal in part on an interim basis, withholding its final order pending the satisfaction of several conditions including the finalization of the amending instruments.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Starbank West Corporation against the City of Toronto's non-decision on a zoning by-law amendment application.

The parties advised the Tribunal that they had reached a settlement.

The Tribunal scheduled a one-day settlement hearing by video for April 28, 2023.

The Ontario Land Tribunal held a first 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 for a 52-storey mixed-use building.

The Tribunal granted participant status to three entities on consent, scheduled a 10-day hearing on the merits, and approved the Procedural Order.

The applicant appealed the City of Toronto Committee of Adjustment's refusal of minor variances and the City's failure to make a decision on a site plan application for a 15-storey mixed-use building.

The parties reached a settlement prior to the hearing.

The Tribunal heard uncontroverted expert planning evidence that the revised proposal and requested variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals, authorized the minor variances subject to conditions, and approved the site plan in principle.

The applicant appealed the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 12-storey residential building.

At the first Case Management Conference, the Tribunal granted participant status to a community association, noted that settlement discussions were premature, and scheduled a second Case Management Conference and a seven-day hearing.

The City of Toronto brought an uncontested motion for partial approval of Zoning By-law No. 607-2015, which amended the City's Comprehensive Zoning By-law.

The Tribunal found that the uncontested portions of the By-law were consistent with the Provincial Policy Statement and conformed to the Growth Plan and the City's Official Plan.

The Tribunal granted the partial approval, leaving specific site-specific exceptions under appeal.

Additionally, the Tribunal granted a consent request to reschedule the hearing of the site-specific appeals due to a scheduling conflict for counsel.

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 building.

At the first Case Management Conference, the parties indicated that prospects for settlement were very good.

The Tribunal scheduled a second Case Management Conference for May 2023, which may be converted into a settlement hearing, and directed the parties to file a draft Procedural Order and Issues List if a settlement is not reached.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 16-storey residential building.

Prior to the hearing, the parties reached a settlement for a revised 14-storey development.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policy and the City's Official Plan, representing good planning and transit-oriented infill development.

The appeal was allowed in part, and the zoning by-law amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions.