Matthew Helfand

This was the first Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 777 (Sheppard East Secondary Plan).

The Tribunal granted Added Party status to the Toronto Lands Corporation, finding it is a public body that meets the statutory requirements under the Planning Act.

The Tribunal also granted Participant status to the Sheppard Avenue East Community Group on consent.

The Tribunal directed the parties to consider mediation and set a schedule for finalizing the Issues List ahead of the next Case Management Conference.

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

The parties reached a settlement, which was endorsed by City Council.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

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

The Toronto and Region Conservation Authority and the City of Vaughan brought a motion for directions to phase the hearing of an appeal regarding a proposed 21-storey residential development.

The moving parties sought a Phase 2A hearing to determine natural heritage and hazard issues (the permissible building envelope) before a Phase 2B hearing on remaining planning issues.

The appellant argued the motion was barred by issue estoppel due to a prior review disposition.

The Tribunal found issue estoppel did not apply, as the prior disposition did not decide the phasing request.

The Tribunal granted the motion, finding that determining the permissible building envelope is a threshold issue and that phasing the hearing would provide the most fair, just, and expeditious resolution of the appeals.

The Toronto and Region Conservation Authority and the City of Vaughan brought a motion requesting a phased hearing for appeals concerning a proposed 21-storey residential development on lands with environmental designations.

The moving parties sought a Phase 2A hearing to determine the permissible building envelope based on natural heritage and hazard issues, followed by a Phase 2B hearing for remaining planning issues.

The appellant opposed the motion, arguing it was barred by issue estoppel due to a prior review disposition.

The Tribunal found that issue estoppel did not apply, as the prior disposition did not decide the phasing request.

The Tribunal granted the motion, concluding that the environmental issues are threshold matters and that a phased approach would provide the most fair, just, and expeditious resolution of the appeals.

The applicant appealed to the Ontario Land Tribunal due to the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use residential development.

Following ongoing discussions, the parties scoped the issues and requested a reduction in hearing dates.

The Tribunal issued an Updated Procedural Order on consent, which includes a reduced Issues List, an Agreed Statement of Facts, and an amended schedule for the remaining exchange dates leading up to the hearing.

The moving party brought a motion for leave to appeal a decision of the Ontario Land Tribunal.

The Divisional Court dismissed the motion for leave to appeal.

No costs were awarded as the responding party failed to file a costs outline.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal by the applicant regarding a zoning by-law amendment to permit a 12-storey mixed-use building in the City of Toronto.

The order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence.

The hearing is scheduled to commence on March 24, 2025, for a duration of five days.

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

On consent of the parties, the Tribunal amended the procedural order to extend the deadline for the applicant to submit revised proposals and documents to January 6, 2025.

A revised procedural order was issued, setting the hearing to commence on May 14, 2025.

At a Case Management Conference for an appeal regarding a zoning by-law amendment to permit a 12-storey mixed-use building, the Ontario Land Tribunal granted party status to the Swansea Area Ratepayers' Group.

The Tribunal also scheduled a five-day merit hearing and directed the parties to submit a final Procedural Order and Issues List.

The appellants appealed a Committee of Adjustment decision refusing four minor variances required to construct a two-storey detached garage on their waterfront property.

The variances sought relief for slope setback, lot coverage, front lot line setback, and building height.

The municipality only opposed the height variance.

The Ontario Land Tribunal allowed the appeal and authorized all four variances, finding that they met the four tests under subsection 45(1) of the Planning Act.

The Tribunal preferred the evidence of the appellants' planner, concluding that the proposed garage would not negatively impact the natural landscape or create adverse impacts on neighbouring properties.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant due to the City's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision.

The applications seek to facilitate a five-building industrial subdivision.

The Tribunal approved the draft Procedural Order and scheduled an eight-day merit hearing to commence on May 14, 2025.

The appellants appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, Site Plan Approval, and Plan of Subdivision to permit a mixed-use development.

The parties reached a settlement for a 70-storey mixed-use building incorporating heritage retention.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and municipal plans.

The Tribunal allowed the appeals in part, approving the Official Plan and Zoning By-law amendments in principle, and withheld its final order pending the satisfaction of several conditions.

The Tribunal convened a Case Management Conference regarding appeals against the Town of Whitby's adoption of Official Plan Amendment 130, which introduces policies to manage infill development and intensification.

The parties are engaged in settlement discussions and requested additional time to finalize a response to a settlement offer.

The Tribunal directed the parties to provide a written status update by September 25, 2024, to either request a settlement hearing, a merits hearing, or to withdraw the appeals.

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

The parties reached a settlement involving reduced tower heights and other modifications.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement amendments consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable official plans.

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

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

The Tribunal consolidated the appeals with related files, granted party status to a ratepayers association while denying redundant individual requests, and scheduled a seven-day merit hearing.

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

The applications propose a mixed-use development with three residential towers.

The Tribunal issued a Procedural Order and scheduled a seven-day merit hearing for May 2025.

The Applicant appealed the Town's failure to make a decision on its Official Plan and Zoning By-law amendment applications to permit a two-storey place of worship.

At the first Case Management Conference, the Tribunal denied a neighbour's request for Party status to challenge jurisdiction, granting him Participant status instead alongside several others.

The Tribunal scheduled a seven-day Merit Hearing for May 2025 and approved the parties' draft Procedural Order and Issues List.

The Tribunal held a first Case Management Conference regarding appeals by the appellant against the City's amendments to its Official Plan and Zoning By-law concerning additional residential units.

The Tribunal granted participant status to six individuals and community associations on consent.

A draft Procedural Order and Issues List was approved, and a three-day merit hearing was scheduled for December 2024.

The applicant appealed the City of Vaughan's failure to adopt an official plan amendment and zoning by-law amendment to permit a multi-storey residential development on lands located within the Humber River Valley.

In this Phase 1 hearing, the sole issue was whether the subject lands are developable given their natural heritage and hazard constraints, including significant woodlands, significant valleylands, significant wildlife habitat, and flood hazards.

The Tribunal found that while the lands contain these significant features, they are developable in principle, as the Provincial Policy Statement permits development if it can be demonstrated that there will be no negative impacts on the natural features or their ecological functions.

The appeals were ordered to advance to a Phase 2 hearing to evaluate the specific proposed development.

At a second Case Management Conference, the Tribunal administratively consolidated appeals concerning site-specific exemptions to the Town of Whitby's Official Plan Amendment No. 126.

On consent of the parties, the Tribunal scheduled a nine-day hearing for the consolidated appeals and issued an order bringing the unappealed portions of OPA 126 into full force and effect pursuant to section 17(39) of the Planning Act.