Michael Cara

The Tribunal held Case Management Conferences for appeals regarding an Official Plan Amendment, a Zoning By-law Amendment, and a heritage designation by-law concerning a proposed 49-storey residential building in Toronto.

The parties requested that the heritage appeal remain separate from the planning appeals while they engage in settlement discussions.

The Tribunal scheduled a subsequent Case Management Conference for all appeals to take place on March 25, 2024, and directed the parties to provide a status update or a Procedural Order and Issues List prior to that date.

The Ontario Land Tribunal held a 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, as well as an appeal against a heritage designation by-law.

The Tribunal scheduled further Case Management Conferences for both matters to allow the parties to continue discussions and address potential procedural issues, including a possible Demolition Alteration Application appeal.

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The Ontario Land Tribunal held a fourth Case Management Conference regarding multiple appeals of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The Tribunal granted requests to adjourn several site-specific appeals sine die pending the completion of a land use study and ongoing settlement discussions.

The Tribunal also noted the withdrawal of certain appeals and ordered that the un-appealed portions of the zoning by-law pertaining to the Highway 11 Corridor be deemed to have come into force on the day the by-law was passed.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 49-storey residential building.

At the second Case Management Conference, the parties discussed the impact of a potential Ontario Heritage Act appeal regarding the subject property.

The Tribunal scheduled a third Case Management Conference to address procedural matters and set a 15-day merit hearing for November 2024.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by 9218 Yonge Street Inc. for a high-density mixed-use development in the City of Richmond Hill.

The Tribunal reviewed and approved an updated Procedural Order and Issues List, which had been scoped following the applicant's resubmission to the City.

The parties were directed to continue settlement discussions and advise the Tribunal if a settlement is reached prior to the scheduled 12-day hearing.

The applicant appealed the City of Toronto's non-decision regarding Zoning By-law Amendment and Site Plan Approval applications for a proposed residential development.

The parties reached a settlement for a revised 31-storey building containing 273 residential units and 71 retirement residences.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan.

The Tribunal allowed the appeals in part, approving the draft Zoning By-law Amendment in principle and withholding its final order pending the satisfaction of specified conditions.

This was the third Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

Several appellants withdrew their appeals or party status requests.

The Tribunal scheduled future motions to consider settlement agreements for several appellants.

The Tribunal also heard and approved a settlement agreement between Appellant 13 (Northern Wide Plank Flooring Inc.) and the Township, modifying the zoning by-law to add an exception provision for the subject property, finding it consistent with provincial policies and good land use planning.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the Town's refusal of a Zoning By-law Amendment application.

The amendment sought to permit a commercial refueling station.

The Tribunal scheduled an 8-day video hearing to commence on March 25, 2024, and directed the appellant to submit a final draft Procedural Order and Issues List.

The Ontario Land Tribunal held a third Case Management Conference regarding an appeal by Berkeley Carlyle (Junction) Inc. against the City of Toronto's failure to make a decision on a Zoning By-law Amendment application.

The application seeks to permit the construction of two residential buildings and an office building.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a six-day video hearing to commence on April 15, 2024.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

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 refusal of an Official Plan Amendment, Zoning By-law Amendment, and Site Plan application to permit an 11-storey mixed-use building.

At the second Case Management Conference, the parties requested additional time to continue settlement discussions and receive instructions from City Council.

The Tribunal scheduled a third Case Management Conference and deferred a party status request on consent.

The applicant appealed the City's failure to make a decision on its applications for an official plan amendment and zoning by-law amendments to permit a 49-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to neighbouring property owners on consent.

The parties indicated an intention to engage in settlement discussions, and a second Case Management Conference was scheduled.

The Ontario Land Tribunal held a third 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 Tribunal received status updates, noted the potential for a settlement, and issued procedural directions including deadlines for finalizing the Issues List, Procedural Order, and exchanging witness statements ahead of the scheduled 10-day hearing.

The Ontario Land Tribunal issued a Procedural Order to govern the required procedures leading up to and including the hearing for appeals concerning an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to permit a mixed-use development consisting of 35-storey and 55-storey towers at 2721 Danforth Avenue in Toronto.

The hearing is scheduled to commence on September 23, 2024, for 15 days.

This was the second Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

The Tribunal held certain party status requests in abeyance, approved the scoping of several appeals, and established a Procedural Order and Issues List for two phased hearings.

The Tribunal also scheduled a motion for the Township to seek approval of the un-appealed portions of the by-law and inverted a previous consolidation of a site-specific appeal.

The Township of King brought an unopposed motion seeking partial approval of its new Rural Countryside Zoning By-law No. 2022-053, specifically the un-appealed portions, pursuant to section 34(31) of the Planning Act.

The motion also sought to scope three specific appeals to apply only to certain lands.

Relying on uncontroverted expert planning evidence, the Tribunal found that the un-appealed portions of the by-law were consistent with the Provincial Policy Statement and conformed to applicable provincial and regional plans.

The Tribunal granted the motion, scoping the specified appeals and deeming the un-appealed portions of the by-law to have come into force on the day it was passed.

At a Case Management Conference for appeals concerning a proposed mixed-use development with 35-storey and 55-storey towers, the Ontario Land Tribunal granted party status to five requesting entities on consent.

The Tribunal also scheduled a 15-day hearing on the merits to commence on September 23, 2024, and directed the parties to submit a final draft Procedural Order.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit an infill development at 10 Ruddington Drive.

The parties reached a settlement that revised the proposal to a 13-storey apartment building and 24 townhouse units, while retaining the existing 13-storey rental building.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan.

The appeal was allowed in part and the zoning by-law amendment was approved in principle, subject to the fulfillment of several conditions.