Matthew Lakatos-Hayward

The Ontario Land Tribunal held a third Case Management Conference regarding an appeal by Mattamy (Eglinton) Limited for the City of Toronto's failure to make a decision on a proposed Plan of Subdivision.

The parties requested a further CMC in the fall to allow time for an ongoing Environmental Assessment in the Golden Mile area to unfold.

The Tribunal agreed and scheduled a fourth CMC for October 31, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the City of Toronto's refusal of a Zoning By-law Amendment application to permit a 35-storey residential building.

The Tribunal granted Party status to three entities and Participant status to two individuals on consent.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

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

The Tribunal scheduled a 20-day merit hearing for March and April 2025, and a third Case Management Conference for October 2024.

The parties were directed to finalize and submit the Procedural Order and Issues List by May 31, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the appellant against the City of Toronto's designation by-law, which designated the subject property as having cultural heritage value.

The Tribunal granted Party status to the adjacent property owner and Participant status to a local community group.

The Tribunal also directed the parties to finalize the Procedural Order and Issues List and scheduled a three-day merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 17 Elm GP Inc. against the City of Toronto for failing to make decisions on Zoning By-law Amendment and Site Plan Approval applications within statutory timeframes.

The Tribunal granted party status to Toronto Community Housing Corporation, Westerkirk Capital Inc., and The Hospital for Sick Children, and participant status to TSCC2920.

The Tribunal directed the parties to finalize a Procedural Order and Issues List and scheduled a 10-day merit hearing to commence by video on January 13, 2025.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The applicant appealed the City of Toronto's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit two 14-storey mixed-use buildings.

The parties reached a settlement proposal, which the City Council approved in principle.

The Tribunal reviewed the settlement, supported by uncontroverted expert planning evidence, and found it consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part and approved the settlement proposal in principle, withholding its final order pending the fulfillment of several conditions.

The appellant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 607-unit residential development.

The parties reached a settlement and presented uncontroverted expert planning evidence supporting the revised proposal.

The Tribunal found the proposed amendments consistent with provincial policies and local planning frameworks, approving them in principle on an interim basis pending the satisfaction of final conditions.

At a Case Management Conference regarding an appeal of the City's failure to make a decision on a Zoning By-law Amendment, the Tribunal reviewed the Issues List proposed by a community coalition.

After directing the coalition to revise its issues to use neutral language appropriate for a zoning appeal, the Tribunal accepted the revised Issues List and approved the final Procedural Order to govern the upcoming hearing.

At a Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment for a 50-storey residential building, the Tribunal considered a request for party status from a local community coalition.

The coalition, previously granted participant status, retained an expert planner and sought party status to fully participate.

With no objections from the other parties, the Tribunal granted the coalition party status, scheduled a telephone conference call to finalize the issues list, and set a nine-day hearing for September 2024.

The applicants, who are neighbours of the respondent property owner, sought judicial review of a Committee of Adjustment decision approving minor variances.

Following legislative amendments that removed third-party appeal rights to the local appeal body, the applicants argued they had public interest standing to seek judicial review and alleged procedural unfairness and inadequate reasons.

The Divisional Court dismissed the application, finding the applicants lacked public interest standing, were afforded adequate procedural fairness, and that the Committee's reasons were sufficient when read in context.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

At a Case Management Conference for appeals of a Zoning By-law Amendment, the Tribunal granted party status to the property owner and a neighbouring developer.

The appellants, who attended with limited-retainer counsel, requested an adjournment to retain specialized municipal counsel and respond to the applicant's motions for summary dismissal.

The Tribunal granted the adjournment, finding that the prejudice to the appellants of proceeding without proper counsel outweighed any prejudice to the applicant, and scheduled a second Case Management Conference to hear the motions and finalize the procedural order.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 50-storey residential building.

At the first Case Management Conference, the Tribunal granted Party status to three adjacent landowners and Participant status to a local coalition.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal against the City of Toronto's refusal of a Zoning By-law Amendment application to permit a 61-storey mixed-use building.

The Tribunal granted party status to the ABC Residents Association/Greater Yorkville Ratepayer’s Association on consent.

The Tribunal also approved the Procedural Order and Issues List and scheduled a 10-day video hearing on the merits for April 2024.

The appellant appealed the City of Toronto's decision regarding a minor variance application for an eight-storey mixed-use building.

Following a settlement between the parties, the Tribunal previously approved the variances in principle.

The Tribunal reviewed a revised list of variances based on the City's interpretation of the zoning by-law and, relying on uncontroverted expert planning evidence, found that the amended variances met the four tests under section 45(1) of the Planning Act.

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

This was the first Case Management Conference regarding appeals by 123 Wynford Inc. against the City of Toronto for failing to make decisions on official plan and zoning by-law amendment applications.

The Tribunal granted participant status to 25 individuals and party status to three organizations on consent.

The Tribunal directed the parties to continue discussions, prepare a Draft Procedural Order with an Issues List, and scheduled a second Case Management Conference for October 24, 2023.

The Tribunal convened a first Case Management Conference regarding site-specific appeals of Zoning By-law Amendment No. 595-2022, which establishes policies for the Yonge and Eglinton Secondary Plan area.

The Tribunal noted that discussions are ongoing between the parties, consolidated one appeal, and adjourned a second scheduled CMC at the parties' request.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.