Mark Robert Flowers

Multiple appeals were filed regarding the City of Toronto's adoption of Official Plan Amendment 469 and the Sherway Area Secondary Plan.

Cadillac Fairview Corporation Limited and the City presented a settlement proposal to resolve Cadillac Fairview's site-specific appeals concerning 25 The West Mall.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal has regard for matters of provincial interest, is consistent with the Provincial Planning Statement, and conforms to the Official Plan.

The Tribunal allowed the appeals in part to implement the settlement.

The City of Toronto brought a motion seeking to confirm the unappealed portions of Official Plan Amendment No. 499 (Golden Mile Secondary Plan), approve proposed modifications, and adjourn remaining site-specific appeals.

The Tribunal accepted the uncontested land use planning evidence that the modifications represent good planning and are consistent with provincial policies.

The Tribunal approved the modifications, confirmed the unappealed portions, and granted the requested adjournments on consent of the parties.

The applicant appealed the City of Toronto's failure to make a decision on a site plan control application for Phase 2 of a mixed-use development.

The parties reached a settlement that revised the proposal to include a 38-storey and a 21-storey tower, a privately owned publicly accessible space, and reduced vehicular parking.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and the City's Official Plan.

The Tribunal approved the site plan drawings in principle, subject to pre-clearance conditions.

The Ontario Land Tribunal issued a Procedural Order to govern the hearing of multiple appeals against the City of Toronto's Zoning By-law 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal scheduled a 10-day hearing to commence on October 6, 2025, substituted one appellant, and accepted the withdrawal of another.

The Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct typographical errors in a decision issued on October 16, 2024.

The amendments included replacing an attachment, correcting the spelling of 'Brampton', and correcting the word 'sized' to 'seized'.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use development with 33- and 44-storey towers.

The parties reached a settlement modifying the proposal.

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

The appeals were allowed in part and the planning instruments were approved in principle, with the final order withheld pending fulfillment of specified conditions.

Minto Communities Inc. appealed the City of Ottawa's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control to permit a 16-storey mixed-use building.

The Tribunal heard competing expert planning evidence regarding the proposal's scale, massing, and compatibility with the surrounding Traditional Mainstreet area.

The Tribunal preferred the applicant's evidence, finding that the proposed development is consistent with the Provincial Policy Statement, conforms to the City's Official Plan, and represents good land use planning by promoting urban intensification and housing options.

The appeals were allowed in part, and the amendments and site plan were approved on an interim basis.

The Ontario Land Tribunal held a first Case Management Conference regarding 16 appeals against the newly adopted 2023 City of Brampton Official Plan.

The Tribunal granted party status to five requesting entities, including conservation authorities and railway companies, finding they had a direct interest.

The Tribunal deferred the issue of consolidating the appeals with a related Major Transit Station Area case to a subsequent joint CMC, and established a schedule for the appellants to provide modification letters to the City.

The applicant appealed the City of Toronto'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 mixed-use development with 35-storey and 55-storey towers.

The parties reached a settlement on a revised proposal.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal had regard for matters of provincial interest, was consistent with the Provincial Policy Statement, and conformed to the Growth Plan and City Official Plan.

The Tribunal allowed the appeals in part, approving the Official Plan Amendment and Zoning By-law Amendment in principle, and withheld its final order pending satisfaction of conditions.

The applicant appealed the Town's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, draft plan of subdivision, and heritage permits to facilitate a residential subdivision on the former Rand Estate.

The Tribunal approved the OPA to correct the urban boundary but found the proposed subdivision design unacceptable due to inadequate vehicular access safety, insufficient protection of cultural heritage landscapes and attributes, and unacceptable impacts to mature trees and a wetland.

The Tribunal issued an interim order granting some heritage permits in principle while directing the applicant to substantially redesign the subdivision to conserve key heritage features in situ, retain the wetland, and secure safe access, potentially through a shared access with adjacent lands.

The Ontario Land Tribunal issued a procedural order on consent following prehearing conferences regarding appeals of Zoning By-law Amendment 2002-54 by the Municipality of Northern Bruce Peninsula.

The appeals concern the definition and zoning of commercial tour boat operations.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence for a 10-day video hearing scheduled to begin in January 2025.

The Regional Municipality of York brought a motion for directions seeking an order requiring the Claimant to deliver an itemized Schedule B to its Affidavit of Documents in an expropriation proceeding.

The Claimant argued that the requested documents were not relevant to determining when the injurious affection claim became known under s. 22(1) of the Expropriations Act.

The Tribunal held that it was premature to adjudicate the relevance of the documents to the s. 22(1) issue or any claims of privilege, and ordered the Claimant to provide a detailed Schedule B in compliance with Rule 30.03 of the Rules of Civil Procedure.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in a previous decision issued on September 13, 2024.

The amendment corrected the video hearing information for a hearing scheduled on April 7, 2025.

In all other respects, the original decision remains unchanged.

At a Case Management Conference regarding appeals of the City of Brampton's Official Plan Amendment 254, the Credit Valley Residents Association withdrew its appeal and party status.

Several other parties also withdrew their status.

The remaining appellant, Kaneff Properties Limited, requested an adjournment pending the submission of site-specific development applications.

The Tribunal dismissed the withdrawn appeal and adjourned the remaining appeal.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by multiple developers against the Town of Oakville for failing to make decisions on their respective Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision applications.

The applications propose mixed-use developments in the Midtown Oakville area.

The Tribunal granted party status to two neighbouring landowners in the Cross Appeal and ordered that the Cross Appeal be heard together with the other related appeals.

A further Case Management Conference and a multi-week hearing were scheduled for 2024 and 2025.

The Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Zoning By-law No. 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The City requested additional time to continue discussions with the appellants to scope issues and explore potential settlements.

The Tribunal directed the City to file a revised draft Procedural Order by December 2024, scheduled a third Case Management Conference for July 2025, and set a 10-day hearing for October 2025.

The moving parties requested directions from the Tribunal.

The Tribunal issued an amending decision to correct technical and typographical errors in its previous decision dated July 30, 2024, pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

The amendments corrected the title of proceedings, updated the appearances list to include co-counsel, and removed a paragraph reminding the parties of a status update deadline.

Crystal Homes brought a motion to dismiss the Credit Valley Residents Association's appeal of an Official Plan Amendment and Zoning By-law Amendment without a hearing.

The Tribunal found that the appeal disclosed no apparent land use planning grounds, was frivolous, and had no reasonable prospect of success, as the relevant by-laws were already in effect and not properly appealed.

The appellant's representative supported the motion.

The Tribunal granted the motion and dismissed the appeal against the Crystal Homes site.

The City of Brampton adopted the Heritage Heights Secondary Plan, which was subsequently appealed by multiple landowners and developers.

Following extensive mediation, the parties reached a settlement resulting in a Revised Heritage Heights Secondary Plan that accommodates provincial transportation and transmission corridors while increasing projected population and jobs.

Based on uncontroverted expert planning evidence, the Tribunal found the revised plan consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part, approving the modified plan save for two deferred areas that remain subject to ongoing discussions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by European Bakery Supply Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a two-tower mixed-use development.

The Tribunal granted party status to three entities (Royce, Campont, and PSKRA) and participant status to one unincorporated community group (Garden).

A 10-day hearing was scheduled for May 2025, and the parties were directed to finalize the Procedural Order and Issues List.