Mark Piel

The Ontario Land Tribunal held a case management conference regarding a land compensation claim under the Expropriations Act.

The Tribunal issued a procedural order setting the hearing to commence on May 31, 2027, for a period of nineteen days, and established timelines for the exchange of documents, discoveries, and expert reports.

The applicant appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law Amendments to permit a 3,034-unit mixed-use development.

Prior to the hearing, the parties reached a settlement, resolving all issues including concerns from an adjacent property owner regarding stormwater overflows.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Policy Statement and conformed to the City's Official Plan.

The appeals were allowed in part on an interim basis, with the final order withheld pending satisfaction of specified conditions.

The City of Toronto brought a motion to compel the Claimant to answer undertakings and questions refused at an examination for discovery in an expropriation compensation claim.

The Claimant provided no meaningful response to the motion.

The Ontario Land Tribunal ordered the Claimant to answer the refused questions and provide relevant documentation regarding his claims for injurious affection and loss of rental income, failing which he may abandon the claims.

The City was also granted the option to conduct a further examination for discovery.

The Tribunal received a request, on consent of the parties, to amend procedural timelines contained in a Procedural Order issued on November 21, 2024.

The appeals relate to applications for a zoning by-law amendment and a plan of subdivision to permit three new residential apartment towers in the City of Toronto.

The Tribunal granted the request and amended the dates for the exchange of witness lists, expert meetings, witness statements, and other pre-hearing steps leading up to the hearing scheduled for October 20, 2025.

The Tribunal convened a Case Management Conference regarding appeals by the applicant against the City of Toronto for failing to make decisions on applications for a zoning by-law amendment and a plan of subdivision.

The applications propose three new residential apartment towers.

The Tribunal scheduled a ten-day merit hearing to commence on October 20, 2025, and issued a Procedural Order to govern the proceedings.

The Tribunal held a fourth Case Management Conference regarding appeals against the City's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The parties submitted a draft Procedural Order and requested a hearing.

The Tribunal approved the Procedural Order and scheduled a 14-day video hearing to commence in September 2025.

The Ontario Land Tribunal issued a procedural order on consent to govern the pre-hearing steps and the hearing of a land compensation claim under the Expropriations Act.

The hearing is scheduled for eight days commencing in October 2025.

The order sets out the timetable for documentary discovery, examinations for discovery, exchange of expert reports, and other procedural milestones.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals against the municipality's failure to adopt a requested Official Plan Amendment and Zoning By-law Amendment for a proposed mixed-use development.

The parties reported ongoing technical discussions and requested a further CMC following a scheduled municipal council meeting.

The Tribunal scheduled a fourth CMC for October 17, 2024, and directed the parties to provide an updated Procedural Order and Issues List.

The claimant brought a motion to adjourn a scheduled 20-day hearing regarding compensation for an expropriated leasehold interest.

The claimant sought the adjournment to pursue a Superior Court application, arguing that the Tribunal lacked jurisdiction to make determinations under section 41 of the Expropriations Act regarding the abandonment of expropriated land.

The Tribunal dismissed the motion, noting the late timing of the request, the lack of an emergency, the prejudice to the ready respondent, and the Tribunal's interest in maintaining its fixed hearing schedule.

The Tribunal also observed, without deciding, that it arguably has jurisdiction to make findings of fact under section 41.

The Ontario Land Tribunal issued an order to correct a technical error in its previous decision dated September 13, 2023, pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

The correction replaced Schedule 1 of the decision, which sets out the procedural order and issues list for an upcoming hearing regarding an Official Plan Amendment for a mixed-use redevelopment of the Scarborough Town Centre.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a first Case Management Conference regarding a claim for land compensation arising from the expropriation of leasehold interests by the City of Toronto.

The Tribunal approved the parties' consent Procedural Order, scheduled a second Case Management Conference for July 2024, and set a 20-day video hearing to commence in September 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Fieldgate Urban against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law for a mixed-use development.

During the conference, 8104476 Canada Inc. requested and was granted party status without objection, as it owns adjacent lands and has a direct interest in the proposed shared public road.

The parties confirmed no settlement had been reached.

The Tribunal scheduled a 15-day hearing on the merits to commence on February 26, 2024.

The appellants appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments to permit high-rise mixed-use developments at 399-415 Yonge Street.

Following Tribunal-led mediation, the parties reached a settlement endorsed by City Council.

The Tribunal allowed the appeals in part to give effect to the settlement, finding that the revised proposals, including traffic and servicing improvements, represented good planning.

The claimant, a commercial tenant, sought business and disturbance damages following the expropriation of its leased premises by the City of Toronto for subway station improvements.

On the eve of the scheduled nine-day arbitration hearing, the parties reached a settlement in principle.

The Ontario Land Tribunal adjourned the hearing and scheduled a case management conference to ensure the completion of the settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendment applications within the statutory timeframes.

The applications seek to permit a 13-storey hotel.

The Tribunal approved the parties' draft Procedural Order with minor amendments and scheduled a 10-day video hearing to commence on January 15, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal against the City of Toronto's approval of a Zoning By-law Amendment for a mixed-use development.

The parties finalized the Issues List and a draft Procedural Order.

The Tribunal scheduled a five-day video hearing on the merits and approved the Procedural Order to govern the proceedings.

This was the second 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 for a proposed mixed-use development.

The parties requested additional time to continue settlement discussions.

The Tribunal scheduled a third Case Management Conference and directed the applicant to submit a revised Procedural Order and Issues List or settlement materials prior to that date.

The Tribunal held a Case Management Conference for consolidated appeals regarding proposed high-rise developments on Yonge Street.

The parties disputed the wording of the draft Procedural Order and the inclusion of adjacent lands in a revised Official Plan Amendment.

The Tribunal directed the parties to submit a final draft Procedural Order and consolidated Issues List following the upcoming City Council meeting.

At a Case Management Conference regarding a claim for compensation under the Expropriations Act, the parties requested an extension of deadlines in the Procedural Order for the exchange of witness statements.

The Tribunal granted the request and directed the parties to submit a revised Procedural Order.

The Tribunal also noted the claimant's name change in the amended statement of claim, to which the respondent consented.

The applicant appealed the municipality's failure to make a decision on official plan and zoning by-law amendment applications for a proposed 682-unit mixed-use development.

At the first Case Management Conference, the Tribunal granted party status on consent to a neighbourhood association and a neighbouring condominium corporation.

A second Case Management Conference was scheduled to finalize the issues list and explore potential Tribunal-led mediation.