Matthew Helfand

This decision arises from the first Case Management Conference regarding multiple appeals of the Municipality of Middlesex Centre's Official Plan Amendment 59.

The Tribunal granted party status to several non-appellant property owners who demonstrated genuine land use planning concerns.

The parties were directed to prepare a draft Procedural Order and Issues List in advance of the second Case Management Conference, which was scheduled for May 8, 2024.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application and the City's heritage designation of the subject property.

At the second Case Management Conference, the parties requested a further adjournment to continue settlement discussions, noting that City Council would be considering the matter.

The Tribunal scheduled a third Case Management Conference for June 17, 2024, to allow discussions to proceed.

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to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

This is a costs endorsement from the Court of Appeal for Ontario.

The respondent landlord (One Clarendon Inc.) sought costs for a motion to quash an appeal and an adjournment, which the appellants (Kathleen and John Finlay, tenants) had abandoned.

The tenants had appealed an interim order from the Superior Court compelling them to pay ongoing rent and arrears.

The Court of Appeal awarded partial indemnity costs to the landlord, noting that while the tenants' conduct appeared abusive, the issue of full indemnity costs was better addressed in the context of the Superior Court trial.

The applicant appealed the Town's refusal to establish a cemetery and its failure to approve a site plan for the subject property.

At the first Case Management Conference, the Tribunal granted participant status to seven individuals opposing the proposal due to concerns over agricultural land loss, groundwater contamination, and traffic.

The Tribunal scheduled a second CMC and a five-day hearing on the merits, directing the parties to submit a revised Procedural Order and Issues List.

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 Town of Whitby's refusal of a zoning by-law amendment and site plan application.

Following a previous settlement in principle, the applicant sought to revise the site plan to increase density and reduce parking, relying on recent Town Official Plan revisions that were not yet approved by the Region.

The Town opposed issuing a final order on the revised site plan.

The Tribunal agreed with the Town, withheld its final order, and scheduled a two-day hearing to address the revised site plan issues.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment and a Zoning By-law Amendment to permit a residential development.

At the first Case Management Conference, the Tribunal granted participant status to 15 individuals, noted the parties' interest in Tribunal-led mediation, and scheduled a second Case Management Conference.

Sifton Properties Limited appealed the County of Brant's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a residential subdivision with neighbourhood commercial uses.

The parties reached a settlement prior to the hearing.

The Ontario Land Tribunal accepted uncontested expert planning evidence that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the County Official Plan, and represents good planning.

The Tribunal allowed the appeals in part, approving the Draft Plan of Subdivision and withholding the final order for the Zoning By-law Amendment pending the fulfillment of a condition related to an Official Plan designation change.

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 applicant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development.

The parties reached a settlement proposing three tower elements on two podiums with up to 1,250 residential units.

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

The appeals were allowed and the planning instruments were approved.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 58-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to the Madison Group and participant status to the Republic Residents' Association.

A second Case Management Conference was scheduled for January 2024.

The applicant appealed the City of Hamilton's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit an eight-storey mixed-use development.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning and urban design evidence, the Tribunal found that the revised proposal represented good planning and was consistent with provincial and municipal policies.

The Tribunal dismissed the OPA appeal as unnecessary due to a recent municipal policy update, and allowed the ZBA appeal in part to implement the settlement.

The appellant appealed the City of Markham'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 three high-rise towers.

At the second Case Management Conference, the Tribunal was advised that the appellant and the City had reached a settlement.

Another party requested more time to review the settlement materials, and the City required time to finalize the planning instruments.

The Tribunal scheduled a further Case Management Conference to present the settlement or schedule a hearing date.

The appellant appealed the Township's refusal of a zoning by-law amendment application to permit a reduced side yard setback for an existing boathouse with a rooftop sundeck.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontroverted expert planning evidence that the proposed amendment, which recognizes a structure that has existed for over ten years, is consistent with the Provincial Policy Statement, conforms to the applicable official plans, and represents good planning.

The appeal was allowed in part to implement the settlement.

The appellant appealed a decision of the Committee of Adjustment refusing minor variances required to construct a new two-storey single detached house.

The requested variances related to lot coverage, building length, building depth, height, and side yard setbacks.

Based on uncontested expert land use planning evidence, the Tribunal found that the amended variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized subject to conditions.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a 367-unit residential apartment building.

Prior to the hearing, the parties reached a settlement.

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

The Tribunal allowed the appeals in part and approved the amendments, finding they represent good planning and are in the public interest.

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.

The Ontario Land Tribunal held a case management conference regarding appeals from the Municipality of Clarington's failure to make a decision on proposed plans of subdivision.

The Tribunal issued a procedural order on consent to govern the upcoming five-day hearing scheduled to commence on December 4, 2023.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Vaughan's approval of an Official Plan Amendment and a Zoning By-law Amendment to facilitate a high-rise residential development.

On consent of the parties, the Tribunal consolidated the two appeals, as they involve the same parties, subject matter, and evidence.

The Tribunal also approved the draft Procedural Order and scheduled a nine-day video hearing.