Mark Robert Flowers

The Ontario Land Tribunal held a Case Management Conference to finalize a Procedural Order and set a hearing date for appeals concerning proposed Official Plan and Zoning By-law Amendments.

The amendments would permit a 662-unit subdivision on lands currently occupied by a golf course.

The parties reached a consensus on the material terms of the draft Procedural Order.

The Tribunal scheduled a 14-day video hearing to commence on July 2, 2024, and issued the agreed-upon Procedural Order to govern the proceedings.

The Ontario Land Tribunal held a case management conference regarding multiple appeals against the City of Toronto's By-law No. 595-2022, which regulates development in the Yonge Eglinton Secondary Plan Area.

The Tribunal directed parties to file motions for settlement approval and to bring unappealed provisions of the by-law into effect.

A five-day hearing was scheduled for October 2024 to adjudicate the remaining site-specific appeals.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential development consisting of four towers.

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

Based on the uncontroverted expert planning evidence, the Tribunal found the settlement proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Regional Official Plans, and represented good planning.

The appeals were allowed and the planning instruments were approved.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 60-unit residential development.

The Tribunal granted party status to an adjacent landowner and a residents' association, and participant status to several individuals.

A second CMC and a three-day hearing were scheduled to allow for ongoing settlement discussions between the parties.

At a Case Management Conference for appeals concerning a proposed mixed-use development with 35-storey and 55-storey towers, the Ontario Land Tribunal granted party status to five requesting entities on consent.

The Tribunal also scheduled a 15-day hearing on the merits to commence on September 23, 2024, and directed the parties to submit a final draft Procedural Order.

The Tribunal convened a Case Management Conference regarding appeals by Solmar (Niagara 2) Inc. against the Town of Niagara-on-the-Lake's failure to make decisions on planning applications for a residential subdivision on the Rand Estate.

The Tribunal granted participant status to the Niagara Parks Commission and abutting property owners on consent.

The Tribunal deferred a request to consolidate the planning appeals with newly filed heritage appeals until the latter are properly before the Tribunal.

Finally, the Tribunal denied a request by Save Our Rand Estate to hold the eight-week merit hearing in person, finding that a video hearing offers the best opportunity for a fair, just, expeditious, and cost-effective resolution.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicants from the City of Toronto's failure to make a decision on an Official Plan Amendment application for the Centrepoint Mall property.

The Tribunal granted party status to several neighbouring landowners and the Toronto Catholic District School Board, and participant status to a local resident.

A second Case Management Conference was scheduled for January 22, 2024, to address procedural matters and a potential consolidation with a related appeal.

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (OPA 615).

The parties provided a status update and requested the scheduling of a 30-day merit hearing.

The Tribunal scheduled a fourth Case Management Conference for January 9, 2024, and a 30-day merit hearing commencing October 16, 2024.

A Procedural Order was appended to govern the proceedings.

The appellants appealed the City of Toronto's Official Plan Amendment No. 144 and Zoning By-law No. 1170-2011.

Cobalt Developments Limited and Clair West Developments Limited reached a site-specific settlement with the City to permit an 11-storey mixed-use development on their properties along St. Clair Avenue West.

The Tribunal accepted uncontested expert planning evidence that the revised zoning by-law is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The Tribunal allowed the appeal in part and approved the revised zoning by-law in principle, subject to conditions, without prejudice to the remaining appeals.

The applicant appealed a Zoning By-law Amendment application to the Ontario Land Tribunal due to the City of Vaughan's failure to make a decision within 90 days.

The application sought to permit a 12-storey mixed-use building and a 3-storey townhouse block.

Prior to the hearing, the parties reached a settlement in principle on revised plans.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local official plans, representing good planning.

The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development at 102 Berkeley Street.

Prior to the hearing, the parties reached a settlement for a revised 35-storey building that includes an expanded public park along the street frontage to maintain the low-rise character.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and City Official Plan.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment in principle, withholding its final order until several conditions are met.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals in Phase 6G.

Additionally, the Tribunal heard a motion by the City to settle appeals brought by Amexon Realty Inc. concerning lands at 701-703 Evans Avenue.

Based on uncontested land use planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential and sensitive uses on a portion of the site while prioritizing office commercial uses and securing affordable housing.

The Amexon appeals were allowed in part to implement the settlement.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals.

Additionally, the Tribunal heard and approved a settlement motion regarding the appeals by Amexon Realty Inc. for lands at 701-703 Evans Avenue.

Based on uncontested planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential uses on a portion of the site while prioritizing office commercial uses.

At a Case Management Conference regarding appeals for official plan and zoning by-law amendments and a draft plan of subdivision, the Tribunal considered requests for party status.

The Tribunal granted party status on consent to the corporate owners of a nearby property.

The Tribunal denied party status to individual nearby property owners who could not specify how the development would impact their interests, granting them participant status instead.

The Tribunal declined the appellant's request to schedule hearing dates due to the lack of an issues list and scheduled a third Case Management Conference.

The applicant appealed the City of Markham'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 10-storey residential building.

The parties reached a settlement and presented the revised instruments to the Tribunal.

Relying on uncontested expert planning evidence, the Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable official plans, and represents good planning.

The appeal was allowed and the planning instruments were approved.

The Tribunal held a second Case Management Conference regarding appeals of a Community Planning Permit By-law passed by the Township of Lake of Bays.

The parties reported ongoing settlement discussions.

The Tribunal scheduled a third CMC and directed the parties to either present a settlement or provide a draft Procedural Order and Issues List in advance of the next hearing.

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

At the second Case Management Conference, the Tribunal was informed that the applicant intends to submit a revised proposal and a site plan application, which will also be appealed.

The Tribunal scheduled a further Case Management Conference to consolidate the appeals and finalize the Procedural Order.

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

The Tribunal granted party status to a new property owner, noted the withdrawal of one appeal, and scheduled a third Case Management Conference to allow the parties to finalize the draft Procedural Order and Issues List.

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 26-storey mixed-use building.

The parties reached a settlement on a revised proposal with reduced gross floor area and parking.

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

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order until the City confirms that necessary conditions, including servicing reports and agreements, have been satisfied.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make a decision on zoning by-law amendment and site plan control applications for a 14-storey mixed-use building.

The Tribunal issued a Procedural Order on consent, setting the hearing dates and outlining the procedural steps, issues list, and order of evidence for the upcoming hearing.