Max Laskin

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Diamond Developments and Mario and Maria Polla against the City of Mississauga's failure to adopt requested Official Plan and Zoning By-law amendments.

The amendments seek to permit nine detached dwellings on a common element condominium road.

The Tribunal granted party status to an abutting property owner, scheduled a second Case Management Conference, and set dates for a 12-day merit hearing.

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 Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated November 16, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to include the missing case number OLT-22-002999 in the title of proceedings.

In all other respects, the original decision remains the same.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Toronto's Official Plan Amendment 688, which added a new complete application requirement for Site Plan Control.

The Tribunal deferred two requests for party status to a second CMC on consent.

The Tribunal directed the parties to submit a draft Procedural Order and Issues List and scheduled a second CMC for April 23, 2024.

This was the second Case Management Conference regarding appeals against the City of Pickering's Official Plan Amendment No. 46, which implements changes related to Bill 109.

The Tribunal reviewed a draft Procedural Order and Issues List submitted on consent, requested minor amendments including adding a party, and scheduled a two-day merit hearing for January 2025.

A first Case Management Conference was held regarding appeals by the appellants against the municipality's proposed Official Plan Amendment No. 42.

The Tribunal directed the parties to finalize a draft Procedural Order and scheduled a five-day hearing of the merits.

A timeline was also established for a potential motion for a written hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The applicant appealed the Town of Aurora's failure to make a decision on an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use residential building, as well as appealing a heritage designation by-law for a portion of the subject lands.

Prior to the hearing, the parties reached a settlement for a nine-storey building with 545 residential units.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and municipal plans, representing good transit-oriented development.

The Tribunal also found the property had no cultural heritage value and directed the repeal of the heritage by-law.

The appeals were allowed on an interim basis, with the final order withheld pending fulfillment of conditions.

The applicant appealed the City of Vaughan's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 12-storey mixed-use residential building.

Prior to the hearing, the parties reached a settlement reducing the building height to 6 storeys and the number of units to 174, while maintaining a proposed childcare facility and relocating an existing heritage dwelling.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with regional and local official plans.

The appeal was allowed in part on an interim basis, with the final order withheld pending the submission of final instruments and satisfaction of conditions.

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

The parties reached a settlement for a revised development consisting of townhouses and apartment buildings.

The Tribunal approved the settlement in principle, finding that the revised development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the Official Plan, and represents good planning.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Pickering's Official Plan Amendment No. 46.

The Tribunal granted party status to PTC Ownership LP on consent.

The parties indicated an openness to mediation and settlement discussions.

A second Case Management Conference was scheduled for December 6, 2023, and the parties were directed to submit a draft Procedural Order prior to that date.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 130-unit residential development.

At the first Case Management Conference, the applicant requested a hearing date, while the City requested a second CMC to obtain instructions from City Council.

The Tribunal directed the parties to prepare a draft Procedural Order and Issues List and scheduled a second CMC.

The applicant appealed to the Ontario Land Tribunal due to the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications within the statutory timeframes.

The applications propose a 12-storey mixed-use residential building.

At the first Case Management Conference, the Tribunal scheduled a second Case Management Conference for November 2023 and a 12-day hearing on the merits for April 2024, while encouraging the parties to continue settlement discussions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a residential and commercial development in Toronto.

The parties agreed on a draft Procedural Order and Issues List, with a minor wording dispute resolved during the conference.

The Tribunal approved the final Procedural Order and scheduled a 15-day video hearing to commence in October 2024.

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.

The Tribunal held a second Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development.

The parties disputed the wording of several items on the Draft Procedural Order and Issues List, specifically regarding the Tribunal's jurisdiction to designate lands as Class 4 and to determine noise mitigation obligations.

The Tribunal amended the wording of one issue to remain within its jurisdictional limits and directed the parties to continue discussions on the remaining issues.

The Tribunal also noted the City's retention of outside counsel to accommodate the scheduled hearing dates.

This was the second Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use redevelopment.

The parties disputed the wording of three issues on the Draft Procedural Order and Issues List concerning noise mitigation and Class 4 designation.

The Tribunal amended one issue to remain within its jurisdictional limits and directed the parties to continue discussions on the remaining two issues.

The Tribunal also approved the final Procedural Order and acknowledged the municipality's retention of outside counsel to ensure the expeditious resolution of the matter.

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (OPA 615).

The parties provided a status update and requested the scheduling of a 30-day merit hearing.

The Tribunal scheduled a fourth Case Management Conference for January 9, 2024, and a 30-day merit hearing commencing October 16, 2024.

A Procedural Order was appended to govern the proceedings.

The City of Mississauga brought a motion to dismiss Dunpar Homes' appeal of the City's Parkland Conveyance By-law without a hearing, arguing the notice of appeal failed to set out sufficient objections and reasons as required by s. 42(4.9) of the Planning Act.

Dunpar argued that an earlier draft of its appeal letter was inadvertently filed electronically, but that it still contained sufficient planning grounds, and that a correct hard copy was also served.

The Tribunal dismissed the City's motion, finding that the electronic notice of appeal provided a sufficient 'originating core' of planning grounds, specifically that the by-law failed to conform with provincial and municipal policies, and that the appeal should not be dismissed on an overly technical basis.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use redevelopment in the City of Mississauga.

The appeals were brought due to the City's failure to make a decision within the legislated timeframe.

The Tribunal granted participant status to one entity and party status to three entities, including a neighbouring business, a landowners association, and the Region of Peel.

Over the objections of the City and other parties who argued it was premature, the Tribunal scheduled a second Case Management Conference and a nine-day hearing on the merits to ensure a fair, just, and expeditious resolution.