Mary Flynn-Guglietti

The applicant brought a motion to dismiss the appellant's appeals of an Official Plan Amendment and Zoning By-law Amendment without a hearing.

The appellant, a self-represented tenant, had appealed the instruments on grounds relating to human rights, affordable housing, and procedural fairness.

The Tribunal found that the appellant failed to explain how the proposed instruments were inconsistent with the Provincial Policy Statement or provincial plans, as required by the Planning Act.

Furthermore, the Tribunal concluded that the appeal did not disclose any apparent land use planning grounds upon which the instruments could be refused, and therefore had no reasonable prospect of success.

The motion was granted and the appeals were dismissed.

The City of Toronto brought an uncontested motion for partial approval of Zoning By-law No. 607-2015, which amended the City's Comprehensive Zoning By-law.

The Tribunal found that the uncontested portions of the By-law were consistent with the Provincial Policy Statement and conformed to the Growth Plan and the City's Official Plan.

The Tribunal granted the partial approval, leaving specific site-specific exceptions under appeal.

Additionally, the Tribunal granted a consent request to reschedule the hearing of the site-specific appeals due to a scheduling conflict for counsel.

At a second Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on an Official Plan Amendment application, the Tribunal substituted CF Sherway Tru Rec Inc. as a party and granted party status to Home Depot of Canada Inc. and Amexon Realty Inc. The Tribunal also scheduled a motion to determine whether to consolidate this appeal with the Sherway Gardens Appeal, and scheduled a third Case Management Conference.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 469 (Sherway Area Secondary Plan).

The Tribunal substituted CF Sherway Tru Rec Inc. as a party, finalized the Procedural Order and Issues List for the upcoming seven-week hearing, and scheduled a three-day motion to address the scope of Cadillac Fairview's appeal and a potential consolidation with another appeal.

The Ontario Land Tribunal conducted a case management conference to address multiple appeals of the City of Vaughan's Comprehensive Zoning By-law 001-2021 and Transitional By-law 039-2022.

The Tribunal heard and approved several settlement motions on consent, which corrected mapping errors and recognized site-specific exceptions for various properties.

Based on uncontested expert planning evidence, the Tribunal found the amendments consistent with provincial policies and good planning.

The Tribunal also issued an order under section 34(31) of the Planning Act deeming the un-appealed portions of the Comprehensive Zoning By-law to be in force.

The applicant appealed the City of Mississauga's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment to permit a 9-storey residential apartment building with ground floor commercial space.

The parties reached a settlement prior to the hearing.

Based on the uncontroverted expert land use planning evidence, the Tribunal found that the revised proposal was consistent with the Provincial Policy Statement, conformed with the Growth Plan and Region of Peel Official Plan, and represented good land use planning.

The appeals were allowed in part to implement the settlement.

A Case Management Conference was held regarding appeals of the City of Toronto's Official Plan Amendment No. 183 and the Historic Yonge Street Heritage Conservation District.

The Tribunal scheduled a further CMC for July 2023 to allow the City to finalize a revised HCD plan and for parties to scope issues.

The Tribunal declined to schedule a merits hearing, finding it premature.

A request by a new property owner to assume a withdrawn appeal was deferred, with a scheduled motion date vacated on consent of the parties.

The applicant appealed the City of Mississauga's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a 101-unit back-to-back stacked townhouse development.

The Tribunal found that the proposed development has regard for matters of provincial interest, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and municipal official plans.

The Tribunal preferred the evidence of the applicant's planners and transportation expert, concluding that the proposal represents appropriate residential intensification, provides a sensitive transition to adjacent low-density uses, and features safe vehicular access.

The appeals were allowed in part, and the amendments were approved in principle.

At a case management conference regarding appeals of an official plan amendment and zoning by-law amendment for a high-density mixed-use development, the Tribunal considered requests for party status.

Promenade Limited Partnership was granted party status on consent.

The Brownridge Ratepayers' Association's request for party status was denied due to a failure to demonstrate what it would contribute beyond a participant statement and a history of failing to meet party obligations.

The Tribunal also approved a draft Procedural Order and scheduled a motion to determine the admissibility of confidential Minutes of Settlement.

The City of Toronto brought a motion for partial approval of Official Plan Amendment No. 469 (the Sherway Area Secondary Plan) following a partial settlement with several appellants.

The Tribunal approved the motion, bringing unappealed portions of the OPA into force and approving specific modifications on a plan-wide basis, while preserving site-specific and precinct-specific appeals for future adjudication.

The Tribunal also scheduled a further Case Management Conference and a seven-week hearing for the remaining appeals.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's Zoning By-law No. 607-2015.

The parties requested additional time to pursue potential settlements and finalize a draft Procedural Order and issues list.

The Tribunal scheduled a second Case Management Conference for August 10, 2022, to consider the draft Procedural Order and receive status updates on settlement discussions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by Stellarcorp Developments 420 Inc. regarding the City of Mississauga's failure to adopt requested official plan and zoning by-law amendments to permit a high-density residential development.

The order sets the hearing date, procedural deadlines, and the issues list.

The applicant appealed the City of Mississauga's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a four-unit townhouse development.

At a settlement hearing, the Tribunal heard uncontroverted expert planning evidence that the proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and regional/local official plans, and represents good land use planning.

The Tribunal allowed the appeals and approved the amendments.

The Ontario Land Tribunal held a first Case Management Conference for multiple appeals against the City of Toronto's adoption of Official Plan Amendment 469, the Sherway Area Secondary Plan.

The parties indicated a desire to pursue mediation and requested a second CMC to report on settlement efforts.

The Tribunal scheduled a second CMC and directed the appellants to provide draft issues lists and a draft procedural order in advance.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 486 (King Spadina Secondary Plan).

Four non-appellant property owners requested party status.

The Tribunal found that three owners had a direct interest and added them as parties, contingent on filing a list of issues to shelter under.

A fourth owner, who did not make submissions prior to the OPA's adoption, was also added as a party because they owned lands within the OPA area and were directly affected.

The Tribunal directed the parties to submit a final draft Procedural Order.

The Ontario Land Tribunal held a case management conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a zoning by-law amendment application within the legislated timeline.

The Tribunal consolidated the appeal with a related official plan amendment appeal.

Party status was granted on consent to the Toronto District School Board, a residents' association, and an adjacent landowner.

The Tribunal approved a procedural order and issues list to govern the scheduled 12-day video hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Parkbridge Lifestyle Communities against a zoning by-law amendment passed by the Town of Fort Erie.

The appeal concerns servicing and sewage disposal facility requirements.

The Tribunal granted party status to the applicant, 2639723 Ontario Inc., without objection.

The Tribunal scheduled a second Case Management Conference and a five-day hearing, and directed the parties to submit a draft Procedural Order and Issues List.

The appellants appealed the approval of an Official Plan Amendment and a Zoning By-law Amendment that permitted the redevelopment of lands for an open pit gold mine operation.

Prior to the hearing, the parties reached a settlement that included minor amendments to the Zoning By-law to adjust the boundary of the Mining Zone and its associated buffer.

Based on uncontested expert planning and surveying evidence, the Tribunal found the amended by-law consistent with provincial policy and good planning.

The Tribunal allowed the zoning appeal in part to implement the settlement and dismissed the official plan appeal on consent.