Meaghan Barrett

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by 2799568 Ontario Inc. against the Township of Selwyn's approval of Zoning By-law No. 2021-066 concerning cannabis land uses.

The Tribunal approved the finalized Issues List and Procedural Order, noted that mediation was not appropriate, and scheduled a five-day video hearing to commence on May 6, 2024.

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.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The parties advised the Tribunal that they were working towards a settlement and that the applications had been amended to increase the number of units.

The Tribunal directed Eaglewood to re-circulate notice of its revised proposal and scheduled hearing dates for the presentation of the proposed settlements.

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.

The Tribunal held a settlement hearing regarding appeals of the City of Toronto's adoption of Official Plan Amendment No. 486 (the King-Spadina Secondary Plan).

Based on uncontroverted expert land use planning evidence, the Tribunal found that the modified OPA 486 is consistent with the Provincial Policy Statement, conforms with the Growth Plan, and conforms to the City's Official Plan.

The Tribunal approved the settlement, allowing the appeals in part to approve OPA 486 as modified, subject to remaining site-specific appeals.

The appellant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 6-storey addition to an existing 5-storey building.

Following Tribunal-led mediation, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and Official Plan.

The appeal was allowed and the zoning by-law was amended.

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.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The Tribunal granted participant status to the Trafalgar Township Historical Society and party status to the Regional Municipality of Halton and Conservation Halton.

The Tribunal also ordered that the appeals be heard together in a phased hearing and scheduled future hearing dates.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of parts of a golf course for residential units.

Following Case Management Conferences, the parties submitted a draft Procedural Order on consent.

The Ontario Land Tribunal issued the Procedural Order, which established the issues list, hearing dates, and procedural deadlines for the upcoming 19-day hearing.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment and make a decision on a Zoning By-law Amendment to permit an 11-storey mixed-use development incorporating heritage facades.

The City opposed the development, arguing it represented overdevelopment and failed to fit the planned context of a 6-storey maximum height.

The Tribunal preferred the applicant's expert evidence, finding the proposal's design, setbacks, and stepbacks appropriate for the deep corner lot.

The appeals were allowed in part on an interim basis, approving the amendments in principle subject to final conditions.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment and make a decision on a Zoning By-law Amendment to permit an 11-storey mixed-use development incorporating heritage facades.

The City opposed the development, arguing it represented overdevelopment and failed to fit the planned context of a 6-storey maximum height.

The Tribunal preferred the applicant's expert evidence, finding the proposal's design, setbacks, and stepbacks appropriate for the deep corner lot.

The Tribunal allowed the appeals in part, approving the amendments in principle subject to the satisfaction of pre-requisite conditions.

The appellant appealed the City of Hamilton's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit a mixed-use development with three residential towers.

Following a settlement between the parties, the Tribunal held a settlement hearing.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Niagara Escarpment Plan, and represented good planning.

The appeal was allowed in part to amend the Zoning By-law.

The applicant appealed the Town of Grimsby's failure to make decisions on Official Plan and Zoning By-law amendment applications to permit a 5-storey mixed-use building.

The proposal included retaining and repurposing an existing heritage house on the site.

The Town opposed the intensity of the development, arguing it was an overdevelopment for a Neighbourhood Commercial designation.

The Tribunal allowed the appeals in part, finding that the proposed infill development was appropriate and compatible with the heritage structure and surrounding neighbourhood, but directed specific modifications to the building setbacks and commercial floor area requirements.

The Township of Selwyn brought a motion to dismiss an appeal of a zoning by-law amendment without a hearing.

The appellant, a numbered company, appealed the by-law because it restricted its ability to package cannabis grown on its farm, classifying the activity as processing rather than an agricultural use.

The Tribunal reviewed expert planning evidence from both parties and found that the appeal raised substantive land use planning issues regarding the definition and categorization of cannabis farming crops.

Concluding that the appeal was not frivolous, vexatious, or without a reasonable prospect of success, the Tribunal dismissed the Township's motion and ordered a second Case Management Conference to schedule a hearing on the merits.

The Tribunal heard a settlement regarding appeals of Official Plan Amendment No. 744 concerning lands containing Skandatut, an historic Huron-Wendat village.

The settlement proposed policies to permit a range of housing types and parks while requiring future zoning to be subject to a satisfactory Stage 4 Archaeological Assessment and commemoration strategy.

Based on uncontradicted expert planning evidence, the Tribunal found the amendment consistent with provincial policies and approved the modifications.

The Ontario Land Tribunal held a second case management conference regarding appeals by the applicant against the city's failure to make decisions on requests to amend the Official Plan and Zoning By-law, and to approve a proposed plan of subdivision for the redevelopment of parts of a golf course.

The Tribunal directed the parties to revise the draft Issues List to be organized by issue rather than by party to avoid overlap.

A 19-day merit hearing was scheduled to commence on March 5, 2024.

The appellant appealed the municipality's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision to permit the redevelopment of parts of a golf course.

At the second case management conference, the Tribunal directed the parties to revise the draft issues list to be organized by issue rather than by party to avoid overlap.

The Tribunal also scheduled a 19-day hearing and provided directions regarding the calling of lay witnesses and the participation of added parties.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's By-Law No. 1218-2022, which designated the Parkdale Main Street Heritage Conservation District.

The Tribunal granted party status to three neighbouring property owners and participant status to two community organizations on consent.

A second Case Management Conference was scheduled to allow the parties to scope issues and submit a draft Procedural Order.

The applicant appealed the city's refusal of Official Plan and Zoning By-law amendments for a proposed three-tower mixed-use development.

At the first Case Management Conference, the Tribunal considered status requests.

An unincorporated neighbourhood group's request for party status was opposed by the applicant and denied by the Tribunal, though its representative was granted participant status.

Two other individuals were granted participant status on consent.

A second Case Management Conference was scheduled to allow the municipal parties to obtain instructions following recent elections.

The Ontario Land Tribunal held a Case Management Conference regarding two appeals by ONE Properties Limited Partnership concerning a proposed business park development and wetland relocation in Hamilton.

The Tribunal approved the finalized draft Procedural Order and Issues List submitted by the parties and scheduled a 15-day video hearing to commence in October 2023.