Matthew Helfand

At a Case Management Conference regarding appeals for a zoning by-law amendment and draft plan of subdivision, the Ontario Land Tribunal granted Party status to Lafarge Canada Inc. and two local residents, and Participant status to two other residents.

The Tribunal declined to set hearing dates until the issues list is finalized, ordering a further Case Management Conference to finalize the Procedural Order and Issues List.

This was the second Case Management Conference regarding appeals by 2519371 Ontario Inc. against the City of Toronto's failure to make a decision on zoning by-law and official plan amendment applications for a 14-storey residential building.

The Tribunal granted the Yonge Ridge Homeowners' Association's request to change their status from party to participant.

The Tribunal scheduled a third Case Management Conference and a five-day hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the Town of The Blue Mountains and Grey County's failure to make decisions on a zoning by-law amendment and proposed plan of subdivision.

The revisions would increase the total number of residential units from 609 to 659.

The Tribunal granted participant status to one individual, noted ongoing settlement discussions, and scheduled a three-day video hearing for January 2023.

A case management conference was held regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 15-storey mixed-use development.

The Tribunal granted participant status to Corktown Residents and Business Association and Andrew Hilton, and deferred other participant requests.

Party status was granted to Preserve Corktown but denied to 1250294 Ontario Ltd. as its interest related to an easement outside the Tribunal's jurisdiction.

The parties were directed to develop an Issues List and a draft procedural order.

The City of Toronto appealed a decision of the Local Planning Appeal Tribunal (LPAT) that approved a zoning by-law amendment to permit a 14-storey hotel, which required the demolition of two buildings designated by the City under the Ontario Heritage Act.

The LPAT, acting exclusively under the Planning Act, found the buildings had no cultural heritage value and approved the rezoning conditional on the developer obtaining a demolition permit.

The Divisional Court allowed the appeal, holding that the LPAT exceeded its jurisdiction by impugning the legality of the City's heritage designation under the Ontario Heritage Act while purporting to exercise powers exclusively under the Planning Act.

The appellant tenants, who own homes on land leased from the respondent, challenged occupancy limitations in their long-term leases.

The Landlord and Tenant Board found the Residential Tenancies Act, 2006 applied and that the limitations were a substantial interference.

The Divisional Court reversed, holding that s. 22 of the Act did not invalidate agreed-upon provisions.

The Court of Appeal for Ontario allowed the appeal, finding that the occupancy limitations were inconsistent with the Act's scheme of security of tenure and were therefore void under s. 4, regardless of the parties' agreement.

The applicants appealed the Township's refusal of a Zoning By-law Amendment to permit an expansion to an existing cottage, a new boathouse, and a new dock on an undersized island property.

Prior to the hearing, the parties reached a settlement.

Based on the uncontested expert planning and ecological evidence, the Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the applicable Official Plans, and represents good planning.

The appeal was allowed in part and the Zoning By-law Amendment was approved in principle, subject to site plan approval.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 28-storey residential building.

Following a public hearing, the Ontario Land Tribunal issued a procedural order on consent of the parties.

The order establishes the organization of the hearing, pre-hearing requirements, and the final issues list.

The Tribunal held a first Case Management Conference for an appeal concerning a proposed residential building in Toronto.

The City had failed to make a decision on the zoning by-law amendment application within the statutory timeframe.

The Tribunal granted party and participant status to several local groups, scheduled a second Case Management Conference, set a five-day hearing for September 2022, and approved a Procedural Order to govern the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Pickering Harbour Company Ltd. from the City of Pickering's refusal to adopt amendments to the Official Plan and Zoning By-law for lands at 591 Liverpool Road.

The Tribunal approved the Draft Procedural Order on consent of all parties and scheduled a nine-day video hearing to commence on November 7, 2022.

The tenants appealed a Landlord and Tenant Board decision terminating their tenancy for the landlord's own use.

The tenants argued the eviction was retaliatory because they had attempted to enforce their legal rights regarding illegal rent increases and maintenance issues.

The Divisional Court dismissed the appeal, finding the Board member correctly applied the legal test under section 83(3)(c) of the Residential Tenancies Act and afforded the tenants procedural fairness.

The applicant appealed the Town of Whitby's refusal of a zoning by-law amendment and site plan application to permit an eight-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted participant status to several individuals and deferred other requests to a subsequent conference.

The Tribunal also approved a Procedural Order to govern the upcoming five-day video hearing on the merits.

Sterling Homes appealed the City of Toronto's passage of a zoning by-law to correct a side-yard setback for one lot in a five-lot residential redevelopment.

The parties reached a settlement to reduce the setback from 11.75 metres to 1.8 metres, reflecting the general by-law standard.

Based on uncontested expert planning evidence, the Tribunal found the revised by-law consistent with provincial policies and the City's Official Plan.

The appeal was allowed and the settlement approved.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by TPC at Marlwood Inc. against the Town of Wasaga Beach for failing to make a decision on official plan and zoning by-law amendments for a 60-unit residential development.

The Tribunal granted Participant status to an adjacent resident and a neighbouring developer.

Noting ongoing settlement discussions, the Tribunal scheduled a second Case Management Conference for November 2021, which may be converted to a settlement hearing if an agreement is reached.