Mark Robert Flowers

The Tribunal convened a first Case Management Conference regarding appeals under the Planning Act and the Niagara Escarpment Planning and Development Act for a proposed 75-lot residential subdivision.

The Tribunal granted party status to the Regional Municipality of Peel.

A request to consolidate the appeals was deferred to a subsequent motion hearing.

The Tribunal scheduled a second Case Management Conference and a 14-day merit hearing, and approved the Procedural Order and Issues List.

The Tribunal held a first Case Management Conference regarding appeals by Jacob's Tent Inc. against the City of Toronto for failing to make a decision on a Zoning By-law Amendment and Site Plan Approval within statutory timeframes.

The appeals relate to a proposed mixed-use development on Danforth Avenue.

The Tribunal granted party status to several entities on consent, granted participant status to a daycare centre, approved a Procedural Order, and scheduled a 10-day hearing on the merits for February 2025.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding an appeal by Caivan (Richmond South) Limited against the City of Ottawa for failing to make a decision on a proposed draft plan of subdivision.

The order sets the hearing dates, procedural steps, and the issues list for the upcoming hearing.

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

The Tribunal granted party status to five adjacent or nearby landowners on consent.

The Tribunal also approved the Procedural Order and Issues List and scheduled a ten-day video hearing.

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 2941 Eglinton East Limited Partnership concerning the City of Toronto's failure to make decisions on zoning by-law amendment and site plan control applications within the statutory timeframes.

The order establishes the issues list, order of evidence, and procedural dates leading up to a 15-day hearing scheduled to commence on August 12, 2024.

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 residential development.

Prior to the hearing, the parties reached a settlement on a revised proposal for 58 detached residential dwellings.

The Tribunal accepted uncontroverted expert planning and transportation evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good planning.

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

The Ontario Land Tribunal held a Telephone Conference Call to address appeals by Langmaid's Island Corporation and Mitchell Fasken concerning the Township of Lake of Bays' Community Planning Permit By-law and a draft Plan of Subdivision.

On consent, the Tribunal ordered the bifurcation of the site-specific appeal from the general appeal.

The Tribunal also approved a Procedural Order and Issues List for a four-day Merit Hearing scheduled to commence on April 9, 2024.

The Ontario Land Tribunal held a case management conference to address appeals concerning a proposed 36-lot residential development on Langmaid's Island and a related Community Planning Permit By-law.

On consent, the Tribunal ordered the bifurcation of the applicant's site-specific appeal from a general appeal of the by-law.

The Tribunal also scheduled a four-day merit hearing to resolve the remaining site-specific issues, including the implementation of a prior Phase 1 decision and the placement of sleeping cabins.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

At a Case Management Conference regarding an appeal of the City's failure to make a decision on a Zoning By-law Amendment, the Tribunal reviewed the Issues List proposed by a community coalition.

After directing the coalition to revise its issues to use neutral language appropriate for a zoning appeal, the Tribunal accepted the revised Issues List and approved the final Procedural Order to govern the upcoming hearing.

At a Case Management Conference for appeals concerning a proposed residential subdivision on a heritage property, the Tribunal considered a request by adjacent property owners to change their status from Participant to Party.

The Tribunal granted the request, finding their presence necessary to effectively adjudicate the issues, but restricted them from raising new issues.

The Tribunal also finalized the Procedural Order and set the hearing dates.

The appellants brought a motion for costs against the applicant following the applicant's unsuccessful motion to dismiss their planning appeals.

The appellants argued that the applicant's motion to dismiss had no reasonable chance of success and was brought to exhaust their resources, constituting unreasonable and frivolous conduct.

The Tribunal found that the applicant's conduct was not irrational or lacking seriousness, noting that the motion to dismiss raised novel legal issues under recently enacted legislation.

The Tribunal concluded that the applicant was merely exercising its statutory rights and denied the request for costs.

At a Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment for a 50-storey residential building, the Tribunal considered a request for party status from a local community coalition.

The coalition, previously granted participant status, retained an expert planner and sought party status to fully participate.

With no objections from the other parties, the Tribunal granted the coalition party status, scheduled a telephone conference call to finalize the issues list, and set a nine-day hearing for September 2024.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The Ontario Land Tribunal held a first Case Management Conference to organize hearings for nine appeals concerning three geographically related properties in Midtown Oakville.

The appellants seek to amend the Livable Oakville Official Plan and site-specific zoning, and request draft plans of subdivision to permit multiple residential towers with mixed-use podiums.

The Tribunal ordered that the appeals be heard together due to their proximity and commonality.

Party and participant status were granted to several entities, and a second Case Management Conference and a six-week hearing were scheduled.

A case management conference was held regarding appeals by three developers against the Town of Oakville for failing to make decisions on official plan amendments, zoning by-law amendments, and plans of subdivision for mixed-use developments.

The Tribunal granted party and participant status to several entities, ordered that the appeals be heard together due to their proximity and common issues, and scheduled a second case management conference and a six-week hearing.

The Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 29-storey apartment building.

The Tribunal approved the Procedural Order and Issues List and scheduled an eight-day video hearing on the merits for October 2024.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development with 32- and 38-storey residential towers.

The parties reached a settlement agreement.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal represents good planning, optimizes the use of the site, and supports growth along the Sheppard East Subway Corridor.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order until certain conditions are satisfied.

The appellant appealed the City of Toronto's failure to make decisions regarding applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control Approval for a proposed 49-storey mixed-use building.

At the second Case Management Conference, the Tribunal scheduled a 19-day video hearing to commence in October 2024.

The Tribunal also approved the draft Procedural Order and Issues List submitted by the parties.