Michael Cara

The parties reached a settlement regarding appeals of a proposed residential development within the Village of Churchville Heritage Conservation District.

The Tribunal accepted uncontested expert planning and heritage evidence that the settlement proposal represents good land use planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and local official plans.

The Tribunal dismissed the heritage appeals, approved the draft plan of subdivision, and amended the zoning by-law to facilitate the development.

The applicant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 38-storey mixed-use building.

The parties reached a settlement for a revised 52-storey mixed-use building with 579 dwelling units, including affordable housing.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The appeal was allowed in part, and the draft Zoning By-law Amendment was approved in principle, subject to the fulfillment of several conditions.

The applicant appealed the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development of 1,321 dwelling units.

The parties reached a settlement prior to the hearing.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal was consistent with provincial policies, conformed to the applicable official plans, and represented good planning.

The appeals were allowed in part to approve the revised planning instruments and draft plan conditions.

At a second Case Management Conference, the Tribunal administratively consolidated appeals concerning site-specific exemptions to the Town of Whitby's Official Plan Amendment No. 126.

On consent of the parties, the Tribunal scheduled a nine-day hearing for the consolidated appeals and issued an order bringing the unappealed portions of OPA 126 into full force and effect pursuant to section 17(39) of the Planning Act.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a mixed-use development comprising two residential towers and an office building.

The parties reached a settlement on a revised proposal with reduced tower heights, increased parkland dedication, and specific separation distances.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with provincial policies and represents good planning.

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

The Tribunal held a first Case Management Conference regarding an appeal by the Applicant resulting from the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 59-storey mixed-use building.

The Tribunal granted Participant status to several local residents and organizations, and held one Party status request in abeyance pending mediation.

A second Case Management Conference was scheduled to allow the parties to engage in mediation.

At a Case Management Conference for appeals concerning a proposed 42-storey mixed-use building, the Ontario Land Tribunal granted party status to the Toronto Catholic District School Board and The Governing Council of the Salvation Army in Canada on consent.

The Tribunal also adjourned the site plan appeal pending the determination of the zoning by-law amendment appeal and scheduled a four-day merit hearing.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its May 2, 2024 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the decision was amended to include the Title of Proceedings for a related case that was heard together with the lead case.

In all other respects, the original decision remains unchanged.

The applicant appealed the City of Richmond Hill's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density mixed-use development.

The parties reached a settlement on a revised proposal for two residential towers connected by a podium.

Based on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and representative of good planning.

The Tribunal allowed the appeals in part, approving the Official Plan Amendment and approving the Zoning By-law Amendment in principle, withholding its final order pending the finalization of the zoning by-law.

The parties requested on consent to adjourn the hearing scheduled for May 2024 regarding the proposed redevelopment of 7887 Weston Road.

The Tribunal granted the adjournment to allow the parties to engage in Tribunal-led mediation and rescheduled the 20-day merit hearing to commence in January 2025.

A revised Procedural Order was issued to govern the rescheduled hearing.

The applicant appealed the municipality's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision for a 36-lot residential development.

At the first Case Management Conference, the Tribunal granted party status to the County of Simcoe and participant status to three individuals.

The Tribunal also approved the parties' draft Procedural Order and scheduled a 10-day merit hearing to commence in November 2024.

The Tribunal convened a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to facilitate a residential development.

The appellant and the municipality reached a settlement, and revised planning instruments were filed.

Another party raised a concern regarding the dedication of a block of land, which was addressed by the municipality.

The Tribunal directed the parties to confirm the settlement in writing and request a settlement hearing.

The applicant filed a motion pursuant to s. 34(10.5) of the Planning Act to determine the completeness of its application for a zoning by-law amendment.

The city had previously deemed the application incomplete.

At the first case management conference, the parties advised that they were actively engaged in discussions to resolve the issues and requested an adjournment.

The tribunal adjourned the matter sine die, directing the parties to provide an update within two weeks.

The Tribunal held a first Case Management Conference regarding appeals of the Town of Whitby's Official Plan Amendment No. 126.

The appellants, owners of properties on Brock Street North, appealed the OPA to protect their respective mixed-use redevelopment proposals.

Bara Group (Whitby) Inc. requested and was granted party status.

The Tribunal scheduled a second Case Management Conference for June 28, 2024, to allow the parties further time for dialogue and to present options to Town Council.

The appellant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment application to permit a commercial refuelling station for transport trucks.

Prior to the merit hearing, the parties reached a settlement on a revised proposal.

Based on uncontradicted expert land use planning evidence, the Tribunal found the revised proposal optimized the use of existing land and infrastructure and was consistent with provincial and regional policies.

The Tribunal allowed the appeal in part and approved the proposed Zoning By-law Amendment.

A case management conference was held regarding appeals by the applicant against the city's failure to make decisions on official plan and zoning by-law amendments, as well as an appeal against a heritage designation by-law.

The parties were unable to reach a resolution regarding the consolidation of the appeals.

The Tribunal scheduled a motion hearing to address the applicant's request to consolidate the Planning Act appeals with the Ontario Heritage Act appeal, and set a timeline for the exchange of motion materials.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality for failing to make a decision on a Zoning By-law Amendment application.

The application seeks to permit a 38-storey mixed-use building.

The Tribunal received an update on settlement discussions and approved the Procedural Order on consent of the parties, maintaining a 10-day hearing schedule.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant regarding the City of Toronto's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and site plan approval.

The applications seek to permit an 11-storey mixed-use building.

The order establishes the hearing dates, issues list, order of evidence, and deadlines for the exchange of witness statements and other materials.

The Tribunal held a first Case Management Conference regarding appeals by Jacob's Tent Inc. against the City of Toronto for failing to make a decision on a Zoning By-law Amendment and Site Plan Approval within statutory timeframes.

The appeals relate to a proposed mixed-use development on Danforth Avenue.

The Tribunal granted party status to several entities on consent, granted participant status to a daycare centre, approved a Procedural Order, and scheduled a 10-day hearing on the merits for February 2025.

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

The Tribunal granted party status to five adjacent or nearby landowners on consent.

The Tribunal also approved the Procedural Order and Issues List and scheduled a ten-day video hearing.