Mark Robert Flowers

This was the first Case Management Conference regarding multiple appeals of the Region of Peel's approval of Official Plan Amendments 142, 143, and 144 to the City of Mississauga's Official Plan, which relate to Major Transit Station Areas.

The Tribunal granted Observing Party status to the Region of Peel, Non-Appellant Party status to Hensall Holdings and the Toronto and Region Conservation Authority, and Participant status to Trillium Health Partners.

A motion by the City to confirm the scope of the appeals and bring unappealed portions of the OPAs into effect was adjourned to allow the parties time to review a revised draft order and compendium.

The applicant appealed the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications to permit two purpose-built rental apartment buildings.

The parties reached a settlement, which was endorsed by City Council and supported by adjacent landowners.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The appeals were allowed in part on an interim basis, with the final order withheld pending the finalization of the instruments and necessary easements.

The appellant appealed the City's failure to make a decision on zoning by-law amendment and draft plan of subdivision applications for a residential development.

The parties reached a settlement to geographically expand the applications to include an adjacent parcel, resolving a dispute over parkland dedication rates under Bill 23.

The Tribunal applied the Claremont test to permit the boundary modification and, relying on uncontroverted expert planning evidence, approved the consolidated instruments as representing good planning.

The Municipality of Northern Bruce Peninsula and Bruce Anchor Cruises brought motions to dismiss an appeal by The Big Tub Harbour Citizens Committee against a Zoning By-law Amendment that permitted commercial tour boat operations in a commercial zone.

The moving parties argued the notice of appeal failed to adequately explain how the by-law was inconsistent with provincial policies or official plans under s. 34(19.0.1) of the Planning Act.

The Tribunal dismissed the motions, finding the notice of appeal and accompanying materials raised authentic land use planning issues worthy of adjudication, including traffic, parking, and land use compatibility.

A motion to alter the issues list was also denied.

The appellant appealed the County's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to redevelop a golf course into a residential subdivision.

Prior to the hearing, the parties reached a settlement on a revised proposal.

Based on the uncontested expert planning evidence, the Tribunal found the revised proposal was consistent with provincial policies, conformed to the official plan, and represented good land use planning.

The appeals were allowed and the planning instruments were approved.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Regional Municipality of Durham's Development Charges By-law No. 42-2023.

The Tribunal approved a finalized Procedural Order and Issues List, scheduled a 20-day merit hearing to commence in February 2025, and granted a request to change the status of Fieldgate Developments and Umiak Investments Limited from Party to Participant.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The applicant brought a motion to consolidate its appeal of a draft plan of subdivision under the Planning Act with appeals of a development permit under the Niagara Escarpment Planning and Development Act.

The Tribunal found that the statutory requirements for consolidation under section 21 of the Ontario Land Tribunal Act were met.

The Tribunal also determined that in a consolidated hearing, it has the authority to stand in the shoes of the Minister to make any decision that could be made after the hearing.

The undisputed motion for a consolidated hearing was granted.

The Ontario Land Tribunal held a first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.

The Tribunal held a first Case Management Conference concerning appeals by the Glebe Community Association against the City of Ottawa's Official Plan Amendment No. 19 and Zoning By-law No. 2023-510, which would permit the Lansdowne 2.0 redevelopment.

The Tribunal granted party status to the Ottawa Sports and Entertainment Group and participant status to a local resident.

A procedural order was approved on consent, and a five-day video hearing was scheduled to commence on October 7, 2024.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in a previous decision dated April 29, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended paragraph 10 of the decision to reflect the correct date for a scheduled one-day Case Management Conference as Thursday, June 27, 2024.

The appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 536 (OPA 536), which relates to development within the area of influence of rail facilities.

The parties reached a full uncontested settlement and requested the Tribunal approve a modified version of OPA 536.

The Tribunal found that the modifications maintain the intent to address public safety concerns arising from derailments, provide greater certainty regarding the 30-metre area of influence, and clarify requirements for rail safety mitigation reports.

The Tribunal approved the modified OPA 536, finding it consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The applicant appealed the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to permit two mixed-use residential buildings of 40 and 42 storeys.

Prior to the hearing, the parties reached a settlement and the subdivision appeal was withdrawn.

Based on uncontested expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good planning.

The Tribunal allowed the appeals in part and approved the amendments in principle on an interim basis, withholding its final order pending the satisfaction of specified conditions, including wind safety mitigation and a parking agreement.

This decision arises from a second Case Management Conference regarding appeals of the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed residential development.

The Tribunal granted participant status to several individuals and entities without objection from the parties.

The parties advised the Tribunal of an ongoing settlement proposal that City Council has accepted.

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

A Case Management Conference was held regarding an appeal for a Zoning By-law Amendment to permit a 12-storey mixed-use building and townhouses.

The parties provided an update on the status of the finalized Zoning By-law Amendment and the remaining holding provisions related to sewage capacity, noise assessment, and environmental classification.

A related motion concerning the completeness of the Site Plan Application was paused pending the resolution of these issues.

A further Case Management Conference was scheduled for June 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding three appeals related to Official Plan Amendment 254 and site-specific zoning by-law amendments in the City of Brampton.

The Tribunal granted party status to several entities and deferred the decision on whether to hear the appeals together to a second CMC, directing the parties to refine their issues lists and propose a hearing structure.

The applicant appealed the City of Brampton'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 57-lot residential subdivision.

Prior to the hearing, the parties reached a settlement.

The Tribunal found that the revised proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and represented good planning.

The appeals were allowed in part, and the planning instruments were approved in principle subject to conditions.

The applicant appealed the failure of the Township of Uxbridge and the Regional Municipality of Durham to make decisions on applications for Official Plan Amendments, a Zoning By-law Amendment, and a Draft Plan of Subdivision to facilitate a 541-unit residential development.

Prior to the hearing, the parties reached a settlement endorsing the approval of the applications.

Based on the uncontroverted expert planning evidence, the Tribunal found the applications consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Greenbelt Plan, and applicable Official Plans.

The Tribunal allowed the appeals and approved the planning instruments.

The appellant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed mixed-use development.

Prior to the hearing, the parties reached a settlement based on a revised 18-storey proposal.

The Tribunal accepted uncontroverted expert planning and acoustic evidence that the revised ZBA is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the new City Official Plan, and adequately mitigates noise from the nearby railway.

The Tribunal dismissed the OPA appeal as moot and allowed the ZBA appeal in part to implement the settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality for failing to make a decision on a Zoning By-law Amendment application.

The application seeks to permit a 38-storey mixed-use building.

The Tribunal received an update on settlement discussions and approved the Procedural Order on consent of the parties, maintaining a 10-day hearing schedule.