Mark Robert Flowers

The Ontario Land Tribunal issued a Procedural Order to govern the proceedings leading up to and including a 10-day video hearing scheduled to commence on January 13, 2025, regarding an expropriation arbitration between 2090396 Ontario Limited and the Regional Municipality of York.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 50-storey residential building.

At the first Case Management Conference, the Tribunal granted Party status to three adjacent landowners and Participant status to a local coalition.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The appellant appealed the City's failure to make a decision on Zoning By-law Amendment and Site Plan Approval applications for a proposed 25-storey mixed-use building.

Prior to the hearing, the parties reached a settlement on a revised 22-storey proposal.

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

The Tribunal allowed the appeal in part and approved the revised Zoning By-law Amendment, while the Site Plan Approval appeal remains outstanding.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 35-storey mixed-use development.

The Tribunal granted party status to Metrolinx, Metro Ontario Real Estate Limited, and a residents' association, and participant status to several individuals and groups.

A second Case Management Conference was scheduled for March 2024, and a 15-day hearing was scheduled for November 2024.

The applicant appealed the City of Mississauga's failure to make a decision on applications for an Official Plan Amendment and a Zoning By-law Amendment to permit a 26-storey residential building.

At the first Case Management Conference, the Tribunal approved the draft Procedural Order and Issues List, and scheduled a 9-day video hearing.

This decision addresses the impact of a Court of Appeal ruling that declared certain contingent property interests in a 1981 development agreement void for perpetuities.

The Superior Court was remitted to determine which other provisions of the 1981 Agreement and related contracts were affected and rendered inoperative.

The court found that the voided sections fundamentally altered the original bargain, which included a path for the evolution and potential redevelopment of the golf course lands, not a perpetual obligation to operate a golf course.

Consequently, several provisions related to the golf course's perpetual operation, sale, right of first refusal, and redevelopment path were declared inoperative.

The 40% open space principle was largely maintained but its application to golf course redevelopment was clarified.

The appellant appealed the City of Toronto's adoption of Official Plan Amendment No. 294 (Dufferin Street Secondary Plan) and the City's failure to make a decision on a site-specific Official Plan Amendment application for a mixed-use redevelopment.

Following mediation, the parties reached a settlement proposing modifications to the secondary plan policies and mapping.

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

The Tribunal allowed the appeals in part and approved the modifications, without prejudice to a remaining site-specific appeal by another party.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make decisions on Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision applications.

The applications seek to permit two mixed-use residential buildings of 40 and 42 storeys.

The Tribunal finalized the Procedural Order and Issues List and scheduled a 15-day hearing.

This was the first Case Management Conference regarding appeals by the applicant for Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications due to the City of Toronto's failure to make a decision within statutory timeframes.

The Tribunal granted party status to Quayside Block 1 Inc., Quayside Impact Limited Partnership, and Toronto Waterfront Revitalization Corp. Participant status was granted to two neighbourhood associations.

The Tribunal ordered the Site Plan application to be held in abeyance and scheduled a second Case Management Conference.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by the appellants against the Township's Community Planning Permit By-law No. 2021-111.

The parties presented a draft Procedural Order and Issues List.

The Tribunal scheduled a seven-day merit hearing to commence on March 25, 2024, and approved the Procedural Order on consent.

The Tribunal convened a settlement hearing regarding appeals of the City of Toronto's approval of Official Plan Amendment No. 582, which established the University of Toronto St. George Campus Secondary Plan.

The remaining appellant, the Toronto Catholic District School Board, reached a settlement with the City involving modifications to policies regarding view studies and built form transitions.

Based on uncontroverted planning evidence, the Tribunal found the modifications had regard for provincial interests, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeal in part and approved the modified Secondary Plan.

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

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by Toronto (Scarborough Junction) LP against the City of Toronto's failure to make decisions on applications for Official Plan Amendments, Zoning By-Law Amendments, and a draft plan of subdivision.

The Tribunal approved the draft Procedural Order submitted by the parties and scheduled an 18-day video hearing to commence on March 5, 2024.

The applicant appealed to the Ontario Land Tribunal due to the County of Brant's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan approval within the statutory timeframes.

The applications sought to permit the development of two large industrial buildings comprising warehouse space and ancillary offices.

Prior to the scheduled merit hearing, the parties reached a settlement.

The Tribunal accepted uncontested expert planning evidence that the proposed settlement, which includes a Light Industrial Zone, a Natural Heritage Zone, holding provisions, and conditional Site Plan approval, is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the County's Official Plan, and represents good land use planning.

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

The Ontario Land Tribunal issued a Procedural Order to govern the required procedures leading up to and including the hearing for appeals concerning an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to permit a mixed-use development consisting of 35-storey and 55-storey towers at 2721 Danforth Avenue in Toronto.

The hearing is scheduled to commence on September 23, 2024, for 15 days.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use building, as well as an appeal under the Ontario Heritage Act regarding the demolition of a heritage building.

Prior to the hearing, the parties reached a settlement for an 18-storey mixed-use development that integrates portions of the existing heritage building.

Based on uncontested expert planning and heritage evidence, the Tribunal found the revised proposal consistent with provincial policies and good land use planning.

The Tribunal allowed the appeals in part, approving the amendments in principle and directing the City to consent to the demolition subject to conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Branthaven Creditview Inc. concerning a proposed 60-unit residential development in Brampton.

The parties presented a draft Procedural Order and Issues List.

After minor revisions to incorporate concerns from the Credit Valley Residents Association, all parties consented to the documents.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming hearing on the merits.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

The Tribunal convened a first Case Management Conference regarding site-specific appeals of Zoning By-law Amendment No. 595-2022, which establishes policies for the Yonge and Eglinton Secondary Plan area.

The Tribunal noted that discussions are ongoing between the parties, consolidated one appeal, and adjourned a second scheduled CMC at the parties' request.