Michael Cook

At a Case Management Conference for appeals regarding the City's failure to make a decision on Official Plan and Zoning By-law amendments for a proposed high-rise development, the Tribunal considered requests for party and participant status.

The Tribunal granted party status to two condominium corporations representing adjacent residents, and participant status to two nearby residents.

A second Case Management Conference was scheduled to allow parties to prepare a draft Procedural Order and Issues List.

The Ontario Land Tribunal issued a Procedural Order to govern the hearing of appeals by the applicant concerning the failure of the Town of Ajax and the Region of Durham to make decisions on applications for an official plan amendment, zoning by-law amendment, draft plan of subdivision, and site plan control.

The applications propose a development of 660 residential units, a school block, park block, stormwater management block, and environmental protection block.

The hearing is scheduled for five days commencing June 8, 2026.

The Town of Ajax brought an uncontested motion to adjourn a scheduled multi-day hearing before the Ontario Land Tribunal regarding various planning appeals for a proposed 660-unit residential development.

The Town's counsel requested the adjournment due to an upcoming medical procedure and a scheduling conflict with another hearing.

Finding the request reasonable and noting the lack of opposition from the other parties, the Tribunal granted the motion, abridged the time for service, vacated the April 2026 hearing dates, and scheduled a new five-day video hearing for June 2026.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a 31-storey purpose-built rental building.

The Tribunal granted party status to four associations and individuals, and participant status to ten individuals, on consent or without objection.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The applicant sought judicial review of an Ontario Land Tribunal decision that allowed the withdrawal of a draft plan of subdivision appeal by a neighboring developer.

The applicant argued that the withdrawal, which occurred on the eve of the hearing, breached its right to procedural fairness by preventing it from arguing for a cost-sharing condition.

The Divisional Court declined to exercise its discretion to hear the judicial review application, finding that the issue of procedural fairness is a question of law that should be addressed through the statutory appeal mechanism requiring leave under the Ontario Land Tribunal Act.

In the alternative, the court found no breach of procedural fairness, as the withdrawal of the appeal was expressly contemplated by the Planning Act and the Tribunal lacked jurisdiction to compel private parties to enter into a cost-sharing agreement.

The applicant appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law Amendments to permit a 3,034-unit mixed-use development.

Prior to the hearing, the parties reached a settlement, resolving all issues including concerns from an adjacent property owner regarding stormwater overflows.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Policy Statement and conformed to the City's Official Plan.

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

The appellant appealed the failure of the Town of Ajax and the Region of Durham to make decisions on various planning applications for a proposed development of 660 residential units.

The key issue was whether the appellant should be liable for a pro rata portion of a cost-sharing agreement for road and bridge widening, or if those works should be funded through a Development Charge By-law.

The Tribunal found that the access function is a local service and the widening works are growth-related infrastructure improvements that directly benefit the development.

The Tribunal approved the contested condition requiring the appellant to bear the cost.

Several property owners brought motions seeking party status and orders pursuant to subsection 34(31) of the Planning Act to deem Zoning By-law No. 608-2024 in force for their respective properties.

The by-law, along with Official Plan Amendment No. 727, was adopted by the City of Toronto to permit gentle residential intensification along major streets but was appealed city-wide by 2856973 Ontario Inc. Relying on uncontested expert planning evidence, the Tribunal found that scoping the appeals to exclude the moving parties' lands would not create conformity issues and would facilitate timely redevelopment.

The Tribunal granted the motions, deemed the by-law in force for the specified properties, and permitted the moving parties to withdraw from the proceedings.

A Case Management Conference was held regarding an appeal under the Ontario Heritage Act against a by-law designating a property in the City of Markham.

The parties indicated that planning applications are being prepared and hope to resolve the heritage issues through that process.

The Tribunal scheduled a three-day video hearing for February 2026 and issued a Procedural Order to govern the proceedings.

Shoal Bayly brought a motion to add an issue to the Issues List regarding the funding of a specific road and bridge project through the Region's development charges.

The Region and other appellants had already reached a settlement on the existing issues.

The Tribunal dismissed the motion, finding that the proposed issue was distinct, should have been raised earlier, and was more appropriately addressed in separate ongoing proceedings regarding Shoal Bayly's draft plan of subdivision.

The Tribunal then approved the uncontested settlement, finding the proposed changes to the Development Charge By-law to be fair, reasonable, and in compliance with the Development Charges Act.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by the applicant regarding the City of Toronto's refusal of a zoning by-law amendment application for a 35-storey residential building.

The order establishes the issues list, hearing dates, and procedural deadlines for the 14-day hearing scheduled to commence on February 3, 2025.

The Ontario Land Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in a previous decision issued on September 13, 2024.

The amendment corrected the video hearing information for a hearing scheduled on April 7, 2025.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City's refusal of a Zoning By-law Amendment application for a 35-storey residential building.

The Tribunal scheduled a 14-day merit hearing to commence on February 3, 2025, and directed the parties to submit a finalized draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by multiple developers against the Town of Oakville for failing to make decisions on their respective Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision applications.

The applications propose mixed-use developments in the Midtown Oakville area.

The Tribunal granted party status to two neighbouring landowners in the Cross Appeal and ordered that the Cross Appeal be heard together with the other related appeals.

A further Case Management Conference and a multi-week hearing were scheduled for 2024 and 2025.

The applicant appealed the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications to permit two purpose-built rental apartment buildings.

The parties reached a settlement, which was endorsed by City Council and supported by adjacent landowners.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The appeals were allowed in part on an interim basis, with the final order withheld pending the finalization of the instruments and necessary easements.

The applicant appealed the Town of Ajax's failure to make decisions on three site plan applications for a proposed development.

At a case management conference, the Ontario Land Tribunal ordered that the site plan appeals be heard together with the scheduled appeals of the related Official Plan and Zoning By-law amendment applications.

A further case management conference was scheduled to finalize the issues list and procedural order.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the Regional Municipality of Durham's Development Charges By-law No. 42-2023.

The Tribunal approved a finalized Procedural Order and Issues List, scheduled a 20-day merit hearing to commence in February 2025, and granted a request to change the status of Fieldgate Developments and Umiak Investments Limited from Party to Participant.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 1685078 Ontario Inc. against the Town of Caledon's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The parties presented a draft Procedural Order as settlement discussions were ongoing but unresolved.

The Tribunal approved the Procedural Order and scheduled a five-day video hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Regional Municipality of Durham's Development Charges By-law No. 42-2023.

The Region requested time to answer questions from the appellants to assist in identifying issues and exploring settlement.

The Tribunal scheduled a further Case Management Conference and directed the parties to exchange draft issues lists and prepare a draft Procedural Order.

At a Case Management Conference regarding appeals for an official plan amendment, zoning by-law amendment, and draft plan of subdivision, the Ontario Land Tribunal approved a draft Procedural Order on consent of the parties.

The Tribunal scheduled a nine-day video hearing for February 2025.

Additionally, the Toronto Region Conservation Authority was removed as a party on consent, as it had reached an agreement with the applicant on conditions of approval.