Max Laskin

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by SLH Lakeshore Inc. concerning the City of Toronto's failure to make a decision on zoning by-law amendment and site plan control applications.

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

The order sets out the schedule for the exchange of evidence, witness statements, and other pre-hearing requirements leading up to an 8-day video hearing scheduled to commence on May 26, 2025.

The City of Pickering brought a motion requesting partial approval of Official Plan Amendment No. 38 (OPA 38), which facilitates redevelopment and intensification along the Kingston Road Corridor.

Several site-specific appeals had been filed against OPA 38.

Based on uncontroverted expert planning evidence, the Tribunal found that the unappealed portions of OPA 38 are consistent with the Provincial Planning Statement and conform to the Growth Plan and Regional Official Plan.

The Tribunal granted the motion and approved OPA 38 in part, noting that this partial approval would not prejudice the remaining site-specific appeals.

The Ontario Land Tribunal issued a Procedural Order to govern the hearing of multiple appeals against the City of Toronto's Zoning By-law 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal scheduled a 10-day hearing to commence on October 6, 2025, substituted one appellant, and accepted the withdrawal of another.

The Tribunal convened a Case Management Conference regarding appeals by the applicant against the City of Toronto for failing to make decisions on applications for a zoning by-law amendment and a plan of subdivision.

The applications propose three new residential apartment towers.

The Tribunal scheduled a ten-day merit hearing to commence on October 20, 2025, and issued a Procedural Order to govern the proceedings.

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 facilitate a 36-storey mixed-use building.

Following a previous decision, the Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to a 13-day hearing scheduled to commence on May 21, 2025.

At the first Case Management Conference for appeals against the City of Toronto's adoption of Official Plan Amendment 716 (Downsview Secondary Plan), the Tribunal granted party status to two entities on consent.

The Tribunal directed that OPA 716 is in force and effect as of August 9, 2024, for lands not subject to the appeals.

A second Case Management Conference was scheduled to allow the parties to further scope the issues and finalize the Procedural Order.

The Tribunal held a fourth Case Management Conference regarding appeals against the City's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The parties submitted a draft Procedural Order and requested a hearing.

The Tribunal approved the Procedural Order and scheduled a 14-day video hearing to commence in September 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by CSG Yonge Manor Limited and CSG Hillsdale Limited against the City of Toronto's refusal of official plan and zoning by-law amendments for a 29-storey mixed-use redevelopment.

The Tribunal granted party status to Amskor Corporation and participant status to Miso Choi and Jeff Latto.

A second Case Management Conference was scheduled to establish a Procedural Order and Issues List.

The Ontario Land Tribunal held a third Case Management Conference regarding proposed Amendment No. PC 225 22 to the Niagara Escarpment Plan, which would amend agricultural policies to allow for on-farm diversified uses and agricultural-related uses outside of prime agricultural areas.

The Tribunal granted party status to Michael and Mark Krapez and Regal Point Elk Farm without objection.

The Tribunal scheduled a 15-day video hearing commencing on March 24, 2025, and approved the Procedural Order to govern the conduct of the proceeding.

The City of Hamilton brought a motion for partial approval of two city-wide zoning by-laws (ZBL 051 and ZBL 052) to bring the unappealed portions into force, specifically excluding provisions related to electric vehicle parking standards which remain under appeal.

The Tribunal granted the motion on consent, finding the unappealed portions consistent with provincial policy and good land use planning.

The Tribunal also addressed an oral motion to dismiss appeals filed by a self-represented individual, finding that those appeals had already been withdrawn, but noting they would have been dismissed regardless for failing to disclose any apparent land use planning grounds.

At a second Case Management Conference regarding appeals for Official Plan and Zoning By-law amendments to permit nine detached dwellings, the Tribunal considered a new Official Plan Amendment appeal filed by the appellants.

On consent of the parties, the Tribunal ordered the consolidation of the new appeal with the existing appeals and approved an amended Procedural Order.

The Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Zoning By-law No. 63-2024, which implements the Yonge-Eglinton Secondary Plan.

The City requested additional time to continue discussions with the appellants to scope issues and explore potential settlements.

The Tribunal directed the City to file a revised draft Procedural Order by December 2024, scheduled a third Case Management Conference for July 2025, and set a 10-day hearing for October 2025.

The Ontario Land Tribunal held a case management conference regarding multiple appeals against the City of Toronto's Official Plan Amendment No. 588 and By-law No. 1144-2022, which concern alternative parkland dedication rates.

The City requested consolidation of the appeals.

The Tribunal determined that the site-specific appeals of the OPA are distinguishable from the general appeals of the by-law, and ordered that the matters be heard together but not consolidated.

The Tribunal directed the City to provide a written status report by December 20, 2024, as the parties await a provincial regulation related to section 42 of the Planning Act.

At a Case Management Conference, the City of Toronto requested an adjournment of a scheduled hearing regarding an official plan and zoning by-law amendment for 2500 Don Mills Road.

The City argued that the Applicant's late submission of revised plans prejudiced its ability to prepare.

The Applicant subsequently withdrew the revised plans and reverted to the original plans.

The Tribunal denied the adjournment request, finding no procedural fairness issue given the withdrawal, but released the first week of the hearing and adjusted the procedural order dates.

The appellant appealed the Town of Aurora's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate an 8-storey mixed-use development.

The parties reached a settlement proposing two 9-storey buildings connected by a central lobby, with an urban square.

The Tribunal accepted uncontroverted expert planning evidence that the proposal conformed to the Provincial Policy Statement, Growth Plan, and applicable Official Plans.

The appeal was allowed on an interim basis, with the final order withheld pending submission of the final amendment documents.

The appellant appealed the City's approval of an Official Plan Amendment and Zoning By-law Amendment to permit a 12-storey mixed-use building.

At the settlement hearing, the appellant did not appear but provided written support for the settlement.

The Tribunal accepted the uncontroverted expert planning evidence that the revised instruments were consistent with provincial policy, conformed to the Growth Plan and Official Plan, and represented good planning.

The appeals were dismissed and the amendments approved.

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding 15 appeals from the passing of Zoning By-law No. 63-2024 by the City of Toronto, which implements the Yonge-Eglinton Secondary Plan.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, setting deadlines for their submission.

A second Case Management Conference was scheduled for September 4, 2024, to allow time for discussions on scoping issues and potential mediation.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to and including a 15-day hearing scheduled to commence on February 10, 2025.

The hearing concerns appeals by the applicant regarding the City's failure to make a decision on a Zoning By-law Amendment and failure to approve a Site Plan Control application for a mixed-use development.

The appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 536 (OPA 536), which relates to development within the area of influence of rail facilities.

The parties reached a full uncontested settlement and requested the Tribunal approve a modified version of OPA 536.

The Tribunal found that the modifications maintain the intent to address public safety concerns arising from derailments, provide greater certainty regarding the 30-metre area of influence, and clarify requirements for rail safety mitigation reports.

The Tribunal approved the modified OPA 536, finding it consistent with the Provincial Policy Statement and in conformity with the Growth Plan.