M. Cara

The Ontario Land Tribunal held a case management conference to obtain status updates and set hearing dates for the remaining appeals (Phases 6C, 6D, 6E, 6F, and 6G) of the City of Toronto's Official Plan Amendment No. 231.

The Tribunal approved procedural orders for Phases 6D and 6E, scheduled a settlement hearing for Phase 6C, set 10-day merit hearings for Phases 6D and 6E, and scheduled a further case management conference for Phase 6G.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by NHD Developments Limited against the City of Toronto for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The parties agreed on a schedule for final submissions to the City and the filing of a draft Procedural Order.

The Tribunal ordered the appellant to submit revised plans by June 20, 2023, and directed that a draft Procedural Order be filed by July 28, 2023, ahead of the scheduled October 2023 hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The Tribunal granted party status to the regional municipality and several neighbouring property owners, and participant status to a local resident.

The Tribunal also consolidated the two appeals and scheduled a second Case Management Conference and a 24-day hearing on the merits.

The appellant appealed a decision of the Committee of Adjustment denying 11 minor variances for a proposed residential development on a property in Toronto.

The proposed development involved constructing a new detached dwelling.

The Toronto Local Appeal Body reviewed the uncontradicted expert planning evidence and found that the requested variances met the four tests under section 45(1) of the Planning Act.

The Tribunal concluded that the proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and maintained the general intent and purpose of the Official Plan and Zoning By-law.

The appeal was allowed and the variances were authorized subject to conditions regarding site plan compliance and tree protection.

The presiding Panel Member of the Toronto Local Appeal Body convened a teleconference to address new information discovered during a file review prior to a scheduled hearing.

To maintain the integrity and transparency of the tribunal process, the Member concluded it was necessary to immediately recuse himself from the proceeding.

The Member ordered that the file be reassigned to a different panel member and that the scheduled hearing date be retained if possible.

The applicant appealed the Town's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications for a residential development.

The parties reached a settlement restricting development to below the 240-metre contour line.

The Tribunal approved the settlement, finding the proposed instruments consistent with the Provincial Policy Statement, in conformity with the Niagara Escarpment Plan and local official plans, and representing good planning.

The Ontario Land Tribunal conducted a Case Management Conference regarding numerous appeals of the City of Vaughan's Comprehensive Zoning By-law No. 001-2021 and Transitional By-law No. 039-2022.

The Tribunal granted party status to several entities, consolidated the proceedings for both by-laws, and set deadlines for filing comments.

Additionally, the Tribunal approved a settlement regarding the property at 4603 and 4611 Highway 7, amending the zoning by-law to correct site-specific development standards based on uncontested planning evidence.

The Tribunal held a Case Management Conference regarding appeals against a site-specific Zoning By-law Amendment and Official Plan Amendment to facilitate the expansion of a metal fabrication facility.

The Tribunal consolidated the appeals, granted party status to the County of Simcoe on consent, and adjourned the Applicant's Motion to Dismiss to a later date due to health-related issues for one counsel.

Directions were also given for the preparation of a draft Procedural Order.

The Ontario Land Tribunal issued an amending decision to correct typographical errors in its previous decision dated April 28, 2022.

The amendments added Canadian Tire Real Estate Limited as a party and corrected the spelling of a counsel's name from Calvin Lance to Calvin Lantz.

A Case Management Conference was held regarding multiple appeals of the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on topic-specific and site-specific appeals, noting ongoing settlement discussions and the impact of a new parking by-law.

The Tribunal scheduled a one-day settlement hearing for the University of Toronto appeal and a further Case Management Conference to address the status of the draft By-law.

The Ontario Land Tribunal issued an amending decision to correct technical and typographical errors in a Replacement Decision and Order dated April 7, 2022.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal deleted and replaced the Title of Proceeding and the Appearances section.

In all other respects, the original Replacement Decision and Order remains unchanged.

At a Case Management Conference regarding appeals of Official Plan Amendment No. 499 (Golden Mile Secondary Plan), the appellant 1941 Eglinton East Holdings Inc. brought a motion to schedule a hearing to determine the appropriate land use designation for its lands.

The City opposed the motion, arguing it was premature and that a motion regarding the Tribunal's jurisdiction should be heard first.

The Tribunal granted the appellant's motion, finding it in the public interest to provisionally schedule the hearing pending the outcome of the City's jurisdictional motion, as doing so would offer the best opportunity for a fair, just, and expeditious resolution.

During a Case Management Conference regarding appeals of the City of Brampton Official Plan Amendment No. 2006-105, the Tribunal heard an unopposed motion to substitute Velcor Enterprises Limited as an Appellant in place of Caveze Investments Limited.

Velcor had acquired the lands previously owned by Caveze and intended to rely on the same issues.

The Tribunal granted the motion, finding that Velcor satisfied the legislative tests to be a party and its presence was necessary to adjudicate the issues effectively.

The appellant appealed the City of Brampton's failure to make a decision regarding a site plan approval application.

At a Case Management Conference, the Tribunal heard an unopposed motion to substitute a new corporate entity as the appellant, as it had recently acquired the subject property.

The Tribunal granted the motion under Rule 8.2, finding the new owner's presence necessary to effectively adjudicate the proceeding, and scheduled a further Case Management Conference.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment No. 115.

The parties presented a revised draft Procedural Order and requested a phased hearing approach.

The Tribunal scheduled a 5-day Phase 1 hearing and a 25-day Phase 2 hearing, and directed the parties to submit a finalized Procedural Order with an Issues List.

The applicant appealed the failure of the Town of The Blue Mountains to make decisions on applications for an Official Plan amendment, Zoning By-law amendment, draft plan of subdivision, and draft plan of condominium.

At a Case Management Conference, the parties requested an additional CMC date to continue mediation and potentially convert it to a settlement hearing.

The Tribunal approved the draft Procedural Order and scheduled a further CMC and a 9-day hearing on the merits.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development with two tall buildings at 10-30 Dawes Road.

At a settlement hearing, the Tribunal reviewed the agreed-upon conditions of approval and the land use planning affidavit filed by the applicant.

The Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good land use planning.

The Tribunal allowed the appeal in part and approved the zoning by-law amendments in principle, withholding its final order until the conditions are satisfied.

The applicants appealed the City of Toronto's failure to make a decision on zoning by-law amendment applications to permit a mixed-use development with two residential towers at 9-25 Dawes Road.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment in principle, withholding its final order pending the satisfaction of several conditions.

The Tribunal held a Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment No. 115.

The City brought a motion on consent for partial approval of the unappealed portions of the OPA.

The Tribunal granted the motion, bringing the unappealed portions into force.

The Tribunal deferred consideration of the draft Procedural Order and hearing phasing requests to a further Case Management Conference, as the parties did not have consensus on the conceptual approach to the first phase of the hearing.

This was the first Case Management Conference for an appeal by York-Kirtling Inc. regarding the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for 2 Valleyanna Drive.

The applicant proposes to retain an existing heritage gatehouse and create four new dwelling units.

The Tribunal granted party status to the Valleyanna Residents' Association and participant status to two local residents.

A further Case Management Conference was scheduled for December 17, 2021.