Mark Crawford

The City of Toronto brought a motion to dismiss an appeal of a zoning by-law amendment that facilitated a mixed-use development with affordable housing.

The City argued the appeal should be dismissed without a hearing under section 34(25) of the Planning Act because it failed to disclose any valid land use planning grounds.

Relying on uncontroverted expert planning evidence, the Tribunal found that the proposed development was consistent with provincial policies and conformed to the Official Plan.

The Tribunal concluded the appellant's concerns lacked sufficient planning rationale and dismissed the appeal without a hearing.

The Ontario Land Tribunal held a third Case Management Conference regarding an appeal of a zoning by-law amendment application to permit four mixed-use buildings.

The applicant and the City of Toronto had reached a settlement, but negotiations with Metrolinx regarding road network alterations and the operation of the Guildwood GO Station were ongoing.

The Tribunal scheduled a fourth Case Management Conference to allow the parties to finalize a settlement or, alternatively, to finalize the Procedural Order and Issues List for a merit hearing.

The appellant appealed the City of Toronto's refusal of an Official Plan Amendment, Zoning By-law Amendment, and Site Plan application to permit an 11-storey mixed-use building.

At the second Case Management Conference, the parties requested additional time to continue settlement discussions and receive instructions from City Council.

The Tribunal scheduled a third Case Management Conference and deferred a party status request on consent.

The City of Toronto brought a motion for directions seeking an adjournment sine die of site-specific appeals by 955 Weston and CP REIT regarding Official Plan Amendment 571 (Mount Dennis Secondary Plan).

The appellants consented to the adjournment subject to agreed terms.

The Tribunal granted the adjournment, finding it efficient and without prejudice.

A request to consolidate Trolleybus's appeal with its other site-specific appeals was deferred to a future case management conference.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by Toronto (Scarborough Junction) LP against the City of Toronto's failure to make decisions on applications for Official Plan Amendments, Zoning By-Law Amendments, and a draft plan of subdivision.

The Tribunal approved the draft Procedural Order submitted by the parties and scheduled an 18-day video hearing to commence on March 5, 2024.

At a Case Management Conference, the Ontario Land Tribunal considered appeals regarding the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed development.

The Tribunal ordered the consolidation of the two appeals, noting they involve the same property, development proposal, and parties.

Kingsway Park Ratepayers Inc. was granted party status without objection.

A further Case Management Conference was scheduled for October 2023 to allow the City Council to review a revised proposal.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan application for an eight-storey mixed-use rental residential building.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence supporting the revised proposal.

The Tribunal allowed the appeals in part on an interim basis, approving the instruments in principle subject to the fulfillment of several conditions, including the withdrawal of a related site-specific appeal against a city-wide zoning by-law.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan application.

The Tribunal granted a request on consent to consolidate a related appeal.

Subsequently, the Tribunal was advised that the City accepted a settlement offer, leading to the release of merit hearing dates and the scheduling of a settlement hearing.

This was the second Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 571, which adds the Mount Dennis Secondary Plan.

The Tribunal rescheduled a mediation and scheduled further CMCs to consider a potential motion by the City to adjourn related development applications.

On consent, the Tribunal granted Metrolinx party status, noting it must shelter under existing issues.

A request for party status by FortyTwo Communities Fund LP II GP Inc. was withdrawn after the City opposed it.

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

During a status update hearing, the parties sought direction on the wording of a draft Procedural Order, specifically whether the word 'substantially' should be included in paragraph 24.

The Tribunal found that the inclusion of the word would not have a significant impact, as amended documents are governed by Rule 7.8 of the Tribunal's Rules of Practice and Procedure.

The Tribunal directed the parties to submit a final draft Procedural Order and scheduled a 14-day hearing on the merits.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development at 102 Berkeley Street.

Prior to the hearing, the parties reached a settlement for a revised 35-storey building that includes an expanded public park along the street frontage to maintain the low-rise character.

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

The Tribunal allowed the appeal in part and approved the zoning by-law amendment in principle, withholding its final order until several conditions are met.

The Tribunal convened a second Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law.

The parties submitted a draft Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a 5-day video hearing on the merits to commence on January 15, 2024.

The applicants appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for an 80-storey mixed-use development.

Prior to the hearing, the parties reached a settlement for a revised 250-metre high development that conserves existing heritage buildings.

The Tribunal accepted uncontroverted planning evidence that the revised proposal is consistent with provincial policies and conforms to the City's Official Plan.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle, contingent on the satisfaction of several pre-requisite conditions, and dismissed the Official Plan Amendment appeal as it was no longer required.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Timbertrin (Guildwood) GP Inc. against the City of Toronto's failure to make a decision on a zoning by-law amendment application for four mixed-use buildings.

The parties reported productive settlement discussions and requested the scheduling of a further Case Management Conference and a 10-day hearing.

The Tribunal scheduled the requested dates.

The appellant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 143-unit mixed-use development.

The parties reached a settlement involving revisions to the development, including increased setbacks, reduced podium height, and enclosed loading areas.

The Tribunal accepted uncontested expert planning evidence that the revised proposal represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and City's Official Plan.

The Tribunal approved the settlement in principle and withheld its final order pending the fulfillment of several conditions.

The appellant appealed the City of Toronto's refusal of an Official Plan Amendment, Zoning By-law Amendment, and Site Plan application for an 11-storey mixed-use building.

At the first Case Management Conference for the Official Plan Amendment appeal, a neighbouring property owner requested party status, which the Tribunal deferred on consent to allow the parties to discuss resolving their issues.

The Tribunal scheduled a second Case Management Conference for September 2023 to allow the parties to continue settlement discussions, with the possibility of converting it to a settlement hearing.

This was the first Case Management Conference regarding an appeal by the applicant against the City's failure to make a decision on a zoning by-law amendment application within the legislative timeframe.

The Tribunal denied a late request for Participant status from a community member who attended the CMC but only requested status after its conclusion, noting that reopening the issue would unnecessarily strain resources.

The Tribunal scheduled a five-day merit hearing to commence on February 26, 2024, and directed the parties to submit a final draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make a decision on a zoning by-law amendment and its heritage designation of the subject property.

The Tribunal granted participant status to several individuals, declined to consolidate the appeals, and scheduled a second Case Management Conference for March 2023.

The applicant appealed the City of Toronto's failure to render a decision on a Zoning By-law Amendment application for a 66-storey mixed-use building.

Prior to the hearing, the parties reached a settlement for a revised 60-storey building.

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

The Tribunal allowed the appeal in part and approved the Zoning By-law Amendment in principle, withholding its final order pending the satisfaction of several conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Toronto (Scarborough Junction) LP for a master-planned community in Scarborough.

The Tribunal granted party status to Metrolinx and Laurier Paradise, and participant status to two local residents.

Requests for party status from two other property owners were deferred to allow for further consultation.

A second Case Management Conference was scheduled to permit ongoing discussions and potential mediation between the parties.