Maxwell Leo Cohen Reedijk

At a Case Management Conference regarding appeals of the City of Burlington's Official Plan Amendment 2, the Tribunal granted party status to Aliena Land Corporation et al. and Sofina Foods Inc. The Tribunal also issued a supplementary order on consent, scoping the appeals of Canadian National Railway Company, Bull Moose Tube Limited, and Manor Care, and adjourning the Manor Care appeals pending the processing of a site-specific development application.

The appellant appealed the municipality's adoption of an official plan amendment and zoning by-law amendment intended to facilitate a mixed-use development.

At the first case management conference, the parties advised the tribunal that they were engaged in resolution discussions.

The tribunal scheduled a second case management conference on the joint request of the parties and directed the filing of a procedural order and issues list.

At a Case Management Conference, the Ontario Land Tribunal considered requests for party and participant status in appeals concerning an Official Plan Amendment, a Zoning By-law Amendment, and a Draft Plan of Subdivision.

The Tribunal granted party status to the Canadian National Railway Company and the Stewarttown Community Association, and participant status to an adjacent landowner.

The Tribunal also ordered that the appeals be heard together and set dates for a 19-day merit hearing.

The Ontario Land Tribunal held a Case Management Conference to obtain status updates on the remaining appeals of the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on various issue-specific and site-specific appeals, noting ongoing settlement discussions.

The Tribunal directed all appellants to provide written updates to the City regarding their intentions to continue settlement discussions or provide an issues list, and scheduled a further Case Management Conference for June 2026.

The applicant sought resolution of a dispute with the Chief Building Official regarding the proposed sanitary and storm services for a new 12-storey residential building.

The proposed design connected the building's services to municipal mains through existing private sewers located on separate properties.

The Building Code Commission ruled that the proposed design does not comply with Article 7.1.5.4. of the Building Code, which requires piping in any building to be connected to public services separately from piping of any other building, as the exceptions for buildings on the same property did not apply.

The Tribunal convened a settlement hearing regarding appeals of the City of Mississauga's Official Plan Amendment 115, which provides direction on the evolution of mall-based community nodes.

Based on uncontested expert land use planning evidence, the Tribunal found that the revised OPA 115 represents good planning, is consistent with the Provincial Policy Statement, and conforms with applicable growth plans.

The appeals were allowed in part, and OPA 115 was modified and approved in accordance with the settlement, with certain policies adjourned or unaffected.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal scheduled a 14-day video hearing for Appeal #26 concerning 4646 Dufferin Street and granted a request to substitute Canadian Fuels Association with three of its member companies as parties.

The Tribunal also received updates on the City's intention to bring a motion to dismiss appeals from non-responsive parties and provided directions for the ongoing case management and potential settlement of remaining site-specific appeals.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The City requested a deferral of substantive discussions to allow for the evaluation of recent and pending legislative changes (Bills 23 and 42) to the Planning Act, and to continue settlement discussions with the remaining appellants.

The Tribunal agreed with the proposed strategy and scheduled a further Case Management Conference for February 21, 2024.

The appellants appealed the City of Mississauga's Official Plan Amendment No. 115 (OPA-115), which mandated that a minimum of 10% of housing units in certain residential developments be provided as below-market affordable housing.

The appellants argued that these policies were tantamount to Inclusionary Zoning and were ultra vires the Planning Act.

The Tribunal found that while the policies did not formally constitute Inclusionary Zoning, they were tantamount to it.

Furthermore, the Tribunal held that the City failed to demonstrate that the mandated affordable housing policies were 'practicable' as required by section 16(1)(a.1) of the Planning Act.

Consequently, the Tribunal ruled that the mandatory affordable housing policies in OPA-115 were ultra vires the Act and allowed the appeals in part, striking down the offending policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 231.

The Tribunal directed the City to bring a motion to dismiss certain appeals if triage forms are not submitted within 30 days.

The Tribunal also deferred a request to remove appeals consolidated with OPA 271, directing the City to seek formal withdrawals first.

A further Case Management Conference was scheduled for November 3, 2023, to organize the remaining Phase 6G appeals.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in a previous decision issued on June 22, 2023.

The amendment updated paragraph 14 to include the specific audio-only telephone line numbers and access code for persons wishing to connect to the event.

In all other respects, the original decision remained unchanged.

The Tribunal held a first Case Management Conference regarding appeals by multiple developers against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The Tribunal granted party status to two additional entities on consent.

The City requested the establishment of a Common Interest Class under Rule 8.4, which was opposed by the appellants and denied by the Tribunal as premature.

A second Case Management Conference was scheduled, and parties were directed to exchange their particularized issues for a draft Procedural Order.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals in Phase 6G.

Additionally, the Tribunal heard a motion by the City to settle appeals brought by Amexon Realty Inc. concerning lands at 701-703 Evans Avenue.

Based on uncontested land use planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential and sensitive uses on a portion of the site while prioritizing office commercial uses and securing affordable housing.

The Amexon appeals were allowed in part to implement the settlement.

The Tribunal held a case management conference and settlement hearing regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 231 (OPA 231).

The Tribunal scheduled future hearing dates and deadlines for various site-specific appeals.

Additionally, the Tribunal heard and approved a settlement motion regarding the appeals by Amexon Realty Inc. for lands at 701-703 Evans Avenue.

Based on uncontested planning evidence, the Tribunal approved modifications to OPA 231 and OPA 469 to redesignate the lands from Core Employment Areas to Mixed Use Areas, permitting residential uses on a portion of the site while prioritizing office commercial uses.

The appellant in a zoning and severance appeal to the Toronto Local Appeal Body died shortly before the scheduled hearing.

At a pre-hearing conference, the appellant's counsel requested that the matter be held in abeyance to allow the estate to determine whether to withdraw the appeal.

The tribunal granted the request, ordering the appellant's counsel to communicate the estate's decision by June 15, 2023, failing which the tribunal noted its statutory authority to dismiss the appeal without a hearing.