Michael Cara

This was the second Case Management Conference regarding appeals by 9218 Yonge Street Inc. due to the City of Richmond Hill's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a high-density mixed-use development.

The Tribunal approved the draft Procedural Order and Issues List, noting the City would finalize its issues following the applicant's resubmission.

A third Case Management Conference was scheduled for December 4, 2023, and a 12-day hearing was scheduled to commence on April 22, 2024.

The applicant appealed the Town of Innisfil Committee of Adjustment's refusal of minor variance applications to permit a third accessory dwelling unit and to allow an existing unit with a reduced gross floor area.

The Tribunal accepted uncontroverted expert planning evidence that the variances were consistent with provincial policies, maintained the general intent of the official plans and zoning by-law, were desirable for the appropriate development of the land, and were minor in nature.

The appeal was allowed and the variances were authorized subject to a tree preservation condition.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The proposed development includes residential and office buildings with a public park.

At the first Case Management Conference, the parties indicated ongoing settlement discussions and requested a second CMC.

The Tribunal scheduled a second CMC for June 1, 2023, to provide a status update and roadmap for resolution.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use development with 26- and 30-storey towers on a shared podium.

At a settlement hearing, the Tribunal heard uncontroverted expert planning evidence supporting the revised proposal.

The Tribunal found the amendments consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Regional Official Plan, and City Official Plan.

The appeals were allowed in part, with the Official Plan Amendment approved and the Zoning By-law Amendment approved in principle, subject to finalization.

The Ontario Land Tribunal issued a procedural order following a Case Management Conference regarding appeals by Wedgewood Columbus Limited against the City of Vaughan's failure to adopt requested Official Plan and Zoning By-law amendments for the property at 7887 Weston Road.

The order sets out the organization of the 24-day hearing scheduled to begin on May 27, 2024, establishes the deadlines for the exchange of witness lists, expert reports, and visual evidence, and finalizes the Issues List to be adjudicated.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development.

Following a settlement on the Official Plan and Zoning By-law amendments, the parties presented a settlement regarding the Draft Plan of Subdivision.

Based on uncontested expert planning evidence, the Tribunal found the proposed Draft Plan and conditions consistent with provincial policies and good planning.

The Tribunal allowed the appeal in part, approving the Draft Plan subject to conditions.

The applicant appealed the Town of Georgina's failure to make a decision on applications for a zoning by-law amendment, draft plan of subdivision, and draft plan of condominium to permit a townhouse development.

The parties reached a settlement for a revised proposal of 46 townhouse units.

Based on the uncontroverted expert planning evidence, the Tribunal found that the revised proposal had regard for matters of provincial interest, was consistent with the Provincial Policy Statement, and conformed to the applicable official plans.

The appeals were allowed in part to implement the settlement.

The appellant appealed a decision of the Committee of Adjustment regarding minor variance applications for two newly created lots to permit the construction of two new detached dwellings.

The requested variances included lot frontage, lot area, lot coverage, number of storeys, side yard setbacks, and building height.

The Toronto Local Appeal Body accepted the uncontroverted expert land use planning evidence that the variances met the four tests under s. 45(1) of the Planning Act and that the proposed three-storey dwellings were consistent with the neighbourhood character.

The appeal was allowed and the variances were approved subject to conditions.

This was the third Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal approved the draft Procedural Order submitted by the parties, scheduled a 15-day merits hearing for April 2024, and granted participant status to a local resident.

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 for a high-density mixed-use development.

The Tribunal granted party status to the Region of York and a numbered company, and participant status to two other entities.

A second Case Management Conference was scheduled to allow the applicant to make a resubmission to the City and for the parties to prepare a draft procedural order and issues list.

At a Case Management Conference regarding appeals for a Zoning By-law Amendment and draft Plan of Subdivision, the Simcoe County District School Board requested and was granted Party status without objection.

The Appellant noted a recent Official Plan Amendment application and requested a further CMC to address a potential consolidated appeal.

The Tribunal scheduled a further CMC for March 28, 2023, and directed the parties to file a draft Procedural Order and Issues List.

The appellants appealed the City of Toronto's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Site Plan Approvals for two adjacent properties on Wilson Avenue.

The applications sought to permit a 10-storey mixed-use building and an 11-storey residential building.

The parties reached a settlement that included a shared driveway, improved transitions to the adjacent neighbourhood, and a coordinated naturalization plan.

The Tribunal accepted uncontested expert planning evidence that the revised proposals represent good planning and are consistent with provincial policies.

The appeals were allowed in part on an interim basis, with final orders withheld pending the satisfaction of conditions.

The applicant appealed the Town of Whitby's failure to adopt an Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment to permit a 6-storey, 113-unit residential apartment building.

The Tribunal dismissed the appeals, finding that the proposed development represented an unprecedented over-intensification of residential uses in the Downtown Area.

The Tribunal also held that the applications were premature, as they would usurp the ongoing Downtown Whitby Secondary Plan Update and undermine the public consultation process.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

Multiple appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 478 (OPA 478), which provides area-wide policies for lands near the Main Street TTC Station and Danforth GO Station.

At a settlement hearing, the Tribunal considered proposed modifications to OPA 478 that clarify the provision of new streets, parks, built form standards, and municipal services.

Based on uncontested expert planning evidence, the Tribunal found that the modified OPA 478 is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good land use planning.

The Tribunal allowed the appeals in part and approved the modified OPA 478.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Toronto's failure to make decisions on official plan amendment, zoning by-law amendment, and site plan applications for a proposed 10-storey residential development.

The Tribunal granted party status to a neighbouring property owner on consent.

A second Case Management Conference and a 10-day hearing on the merits were scheduled.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Proposed Official Plan Amendment No. 486 (King-Spadina Secondary Plan).

The Tribunal issued a Procedural Order establishing the hearing dates, Issues List, and order of evidence, and adjourned certain site-specific appeals sine die.

The appellant appealed the Town of Whitby's failure to make decisions on official plan and zoning by-law amendment applications within the statutory timeframes.

The applications sought to permit a seven-storey residential apartment building.

At the third Case Management Conference, the Ontario Land Tribunal approved a revised Procedural Order on consent of the parties, who were working cooperatively towards a revised development proposal.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a high-density mixed-use development at 6 Dawes Road.

Following mediation, the parties reached a settlement for a revised proposal consisting of two buildings with four residential towers.

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

The appeal was allowed in part, with the final order withheld pending the satisfaction of various conditions by the City.

The appellant appealed the Town's refusal of a Zoning By-Law Amendment to relocate a Convenience Commercial Block within a subdivision from an approved site next to a central park to a proposed site further south along an arterial road.

The Tribunal evaluated the planning and economic merits of both sites.

While both sites conformed to applicable planning policies, the Tribunal preferred the appellant's evidence that the proposed site offered greater visibility, access, and competitive advantage, which would better ensure the economic viability of future tenants.

The Tribunal also found it more practical to re-purpose an existing sales pavilion on the proposed site rather than demolish it and rebuild nearby.

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