Mark Robert Flowers

The appellant appealed the passing of an Official Plan Amendment by the municipality.

Prior to the hearing, the appellant and the municipality reached a settlement regarding proposed policy modifications.

A non-appellant party opposed the settlement but was found to have no independent status to continue the appeal under the Tribunal's Rules.

The Tribunal heard expert planning evidence and concluded that the proposed policy modifications were consistent with the Provincial Policy Statement, conformed to the Growth Plan and County Official Plan, and represented good land use planning.

The appeal was allowed in part to approve the modifications.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Clublink Corporation ULC against the City of Ottawa's adoption of Official Plan Amendment 266 and Zoning By-law No. 2021-328.

The appellant requested a partial withdrawal of its appeals concerning the parcel at 6301 Campeau Drive, as the proposed development on that parcel would not drain stormwater onto the appellant's lands.

On consent of the parties, the Tribunal allowed the partial withdrawal, bringing the OPA and ZBA into full force and effect for that parcel.

The appeals remain active for the parcel at 6475 Campeau Drive, and the Tribunal scheduled a further CMC and a four-day hearing.

The applicant brought a motion during a Case Management Conference to exclude certain issues proposed by a party, David Masters, from the Procedural Order's Issues List.

The applicant argued the issues offended the Clergy principle, which the Tribunal had previously determined applied to the 1990 applications.

The Tribunal agreed to exclude issues testing conformity against the current Official Plan, as Clergy dictates the applications be assessed against policies in force at the time of application.

An issue questioning the statutory status of the 1991 Claremont Development Plan was rephrased and permitted to remain.

The Procedural Order was approved as amended.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed residential development.

The Tribunal denied party status to several individuals but granted participant status to two.

A 13-day video hearing was scheduled, and a Procedural Order was issued to govern the proceedings.

The Ontario Land Tribunal heard Phase 2 of appeals regarding the Yonge and Bernard Key Development Area (KDA) Secondary Plan and Zoning By-law in the City of Richmond Hill.

The hearing focused on site-specific development applications and policies for the eastern quadrants and the Di Pede lands in the northwest quadrant.

The Tribunal approved the City's proposed modifications, which were supported by expert planning, transportation, and environmental evidence.

The Tribunal upheld the Greenway System designation and natural hazard buffer requirements for the northeast quadrant, dismissing the appeals of North Elgin Centre Inc. (NEC), which failed to call any evidence.

All other appeals were dismissed, bringing the Secondary Plan and Zoning By-law into effect for the remaining lands.

The Ontario Land Tribunal held a first Case Management Conference regarding 39 appeals of the City of Toronto's Official Plan Amendment No. 525 and associated zoning by-law amendments, which adopted a new secondary plan for the King-Parliament area.

The Tribunal addressed administrative matters including the withdrawal of certain appeals, the substitution of new property owners for existing appeals, and the splitting of an appeal.

The Tribunal also granted party status to two landowners.

A second Case Management Conference was scheduled for May 19, 2022, to establish a Procedural Order and issues list, and to allow parties time for mediation and settlement discussions.

The applicant appealed the refusal of a minor variance by the Town of Aurora Committee of Adjustment.

The variance sought to increase the maximum lot coverage from 35% to 41.1% for a two-storey dwelling on a lot within a draft plan of subdivision.

The Tribunal found that the requested variance met the four tests under s. 45(1) of the Planning Act, as it was generally consistent with the existing neighbourhood and maintained the required yard setbacks.

The appeal was allowed and the variance was authorized subject to conditions.

This appeal concerned the application of the rule against perpetuities to land development agreements.

ClubLink Corporation ULC appealed a lower court decision that upheld perpetual obligations to operate a golf course or convey the land to the City of Ottawa.

The Court of Appeal found that the contractual provisions requiring conveyance of the golf course lands to the City, or reconveyance back to the original owner, created contingent interests in land.

As these interests did not vest within the 21-year perpetuity period, they are void and unenforceable.

The court clarified that the expectation of a contingency materializing is not a factor in determining if an interest in land is created.

The appeal was allowed, and the relevant sections of the 1981 Agreement were declared void.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Pickering Harbour Company Ltd. from the City of Pickering's refusal to adopt amendments to the Official Plan and Zoning By-law for lands at 591 Liverpool Road.

The Tribunal approved the Draft Procedural Order on consent of all parties and scheduled a nine-day video hearing to commence on November 7, 2022.

A Case Management Conference was held to establish a Procedural Order and schedule a hearing for a land compensation claim under the Expropriations Act.

The Tribunal issued the Procedural Order on consent and scheduled a 10-day video hearing to commence in July 2022.

A Case Management Conference was held regarding appeals by Claremont Development Corporation against the City of Pickering's failure to make decisions on subdivision and zoning by-law amendment applications for a 71-lot residential development.

The Tribunal directed the parties to finalize a Procedural Order and Issues List, and scheduled a 14-day video hearing to commence in August 2022.

At a Case Management Conference regarding appeals of an Official Plan Amendment and a Heritage Conservation District designation, the Tribunal considered requests for party status and appellant substitution.

The Tribunal granted appellant status to the current owner of 619 Yonge Street, substituting them for the previous owner.

The Tribunal also granted party status to the owners of two abutting properties, allowing them to shelter under the 619 Yonge Street appeal, as the properties comprise a single site proposed for redevelopment.

The Ontario Land Tribunal held a first Case Management Conference for multiple appeals against the City of Toronto's adoption of Official Plan Amendment 469, the Sherway Area Secondary Plan.

The parties indicated a desire to pursue mediation and requested a second CMC to report on settlement efforts.

The Tribunal scheduled a second CMC and directed the appellants to provide draft issues lists and a draft procedural order in advance.

The appellants appealed the Vaughan Official Plan and the Vaughan Mills Centre Secondary Plan, seeking to convert a portion of their employment lands to a Mixed Use designation to permit residential development.

The tribunal applied the conversion tests under the Growth Plan for the Greater Golden Horseshoe.

While finding that the proposed concept plan had qualitative merits and could address need, the tribunal concluded that the conversion failed to maintain a significant number of jobs on the lands and would adversely affect the overall viability of the surrounding employment area.

The tribunal denied the requested conversion and the related request to identify the lands as a Primary Centre, directing the parties to prepare modifications for a Phase 2 hearing.

This was a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 183 and the designation of the Historic Yonge Street Heritage Conservation District.

The Tribunal ordered that the appeals be heard together, granted party status to two community associations, and established a procedural timeline for the exchange of draft changes and issues lists.

The Ontario Land Tribunal held a Case Management Conference to finalize the hearing plan and procedural directions for appeals concerning the redevelopment of the Glen Abbey golf course.

The Tribunal approved a segmented hearing approach, scheduling a five-week block in 2022 for technical discipline evidence, and finalized a four-day per week hearing plan for the main hearing commencing in August 2021.

Additional directions were provided regarding electronic document submission, verbatim reporting, and a strict prohibition against unauthorized recording of the proceedings.

The Ontario Land Tribunal held a Case Management Conference to settle the Issues and Procedural Order for Phase 2 of a hearing regarding multiple appeals of Official Plan and Zoning By-law amendments in the Town of Richmond Hill.

The Tribunal approved the City's proposed Hearing Plan, which divided the hearing into four sub-phases, and rejected attempts by North Elgin Centre Inc. to expand the issues list to include area-wide matters such as the location of the Bernard Bus Terminal.

The Tribunal also corrected a minor omission in a previous zoning by-law amendment and dismissed a renewed motion for recusal.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 499 (the 'Golden Mile' secondary plan).

The Tribunal granted party status to three non-appellant entities, subject to their sheltering under existing issues.

The Tribunal noted that the parties have agreed to Tribunal-led mediation and found it premature to require the preparation of an Issues List until mediation is completed.

A second Case Management Conference was scheduled for October 2021.

The Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 499 (the 'Golden Mile' secondary plan).

Three non-appellant entities were granted party status on consent, subject to the requirement that they shelter under issues raised by existing appellants.

The Tribunal noted that the parties agreed to enter Tribunal-led mediation to scope issues and find common ground.

The Tribunal found it premature to require the parties to finalize an Issues List before the conclusion of mediation, but ordered the City to submit a draft Issues List prior to the next CMC.

A second CMC was scheduled for October 2021.