Michael Foderick

The Ontario Land Tribunal issued a Procedural Order on consent to govern the proceedings for appeals concerning a proposed mixed-use residential development at 1799 St. Clair Avenue West in Toronto.

The appeals relate to the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan.

The hearing is scheduled for 9 days commencing March 23, 2026.

The appellant appealed the City's failure to make a decision on a site plan application for a 580-unit residential development.

At the first Case Management Conference, the registered owner of the subject property requested party status, noting ongoing civil litigation with the appellant regarding the purchase agreement and questioning the appellant's authority to appeal.

The Tribunal granted party status to the registered owner and scheduled a motion hearing to determine jurisdictional issues, including whether the appellant is an authorized agent and whether the appeal should be held in abeyance pending the civil litigation.

The appellant appealed the lack of a decision by the township and region regarding complaints made under s. 20 of the Development Charges Act.

The appellant argued that the proposed development of an additional single-family dwelling was exempt from development charges.

At the first Case Management Conference, the township argued the appeal was invalid because the appellant had not yet paid the charges or obtained a building permit.

The Tribunal determined that a threshold jurisdictional question must be answered before proceeding to a hearing on the merits and scheduled a written motion for direction.

The Ontario Land Tribunal issued a Procedural Order to govern the upcoming 10-day hearing regarding appeals by Benny Stark Limited against the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments.

The amendments seek to permit a mixed-use development comprising seven buildings with 1818 units and a new public park.

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

The Ontario Land Tribunal issued a procedural order governing the upcoming hearing for appeals by the applicant regarding the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments.

The amendments seek to permit two mixed-use residential development towers at 321-355 Symington Avenue and 350 Campbell Avenue.

The order sets out the procedural dates, issues list, and order of evidence for the 10-day hearing scheduled to commence on October 27, 2025.

The appellant requested a hearing date for its appeal of the City of Guelph's Comprehensive Zoning By-law regarding parking requirements.

The City opposed, arguing that one of the issues was already litigated in a recent minor variance appeal and scheduling it would constitute issue estoppel.

The Tribunal directed that the overlapping issue be held in abeyance pending the minor variance decision, and scheduled a written settlement hearing for the remaining agreed-upon issues.

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

The applications seek to permit a mixed-use development with 1,818 residential units and a new public park.

The Tribunal granted party status to the Toronto Region Conservation Authority and participant status to a local resident.

A 10-day merit hearing was scheduled for February 2026, and the parties were directed to submit a Procedural Order and Issues List.

The applicant appealed the City's refusal of an Official Plan Amendment and failure to make a decision on a Zoning By-law Amendment to permit a 46-storey mixed-use building.

At the outset, the Tribunal held a motion hearing and determined it lacked jurisdiction under s. 17(50.1) of the Planning Act to consider an expansion of the OPA to include adjacent lands that were not part of the original application or appeal.

On the merits, the Tribunal allowed the appeals in principle, finding that the proposed reclassification to 'Station Area Core' and the 46-storey height were appropriate given the site's proximity to a new LRT station.

The Tribunal also approved the proposed 5.5 m tower setback to the north and 6.0 m base building setback along Bayview Avenue, preferring the applicant's expert evidence over the City's.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by the applicant regarding the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit the development of five residential apartment buildings with heights ranging from 12 to 30 storeys.

The order establishes the issues list, procedural dates, and a 20-day hearing scheduled to commence on September 9, 2025.

The applicant appealed the City of Toronto's refusal of a zoning by-law amendment application to permit the development of stacked townhouses on a former school site.

The City argued the proposal did not conform to the Official Plan's requirement to respect and reinforce the existing neighbourhood character.

The Tribunal allowed the appeal, finding that the site, as a former institutional use, qualified for infill development exceptions under the Official Plan.

The Tribunal accepted expert evidence that the proposed density, built-form, and height were contextually appropriate and supported by technical studies.

The Ontario Land Tribunal issued a revised Procedural Order for an appeal by Greenline Renovations Plus Ltd. concerning the City of Toronto's failure to adopt a requested Official Plan Amendment and Zoning By-law Amendment.

The appeal relates to a proposed development of two midrise mixed-use buildings at 65-81 McCormack Street.

The revised Procedural Order replaces the previous order issued on November 28, 2024, and sets out the revised dates and procedures leading up to the video hearing scheduled to commence on November 18, 2025.

The applicant appealed the City of Toronto's failure to approve a site plan application for a six-storey mixed-use building.

The parties reached a proposed settlement and sought the Tribunal's approval.

Relying on uncontroverted expert planning evidence, the Tribunal found the application and proposed conditions satisfied the legislative tests under the City of Toronto Act and were consistent with the Provincial Planning Statement, 2024.

The Tribunal allowed the appeal and approved the site plan in principle, withholding the final order until all pre-approval conditions were satisfied.

The applicant appealed the City's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision to permit five residential apartment buildings.

At a Case Management Conference, the Tribunal granted party status to the Toronto and Region Conservation Authority and the Long Branch Neighbourhood Association, but denied it to We Agree Mediation.

The Tribunal also granted participant status to 131 individuals and entities, and scheduled a 20-day merit hearing.

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 Site Plan Approval to permit a 35-storey addition to an existing 16-storey heritage building.

The parties reached a settlement for a revised 37-storey addition that retains the heritage building and includes affordable rental units.

The Tribunal accepted the uncontested planning evidence that the revised proposal represents good land use planning and allowed the appeals in part on an interim basis, withholding its final order pending the satisfaction of several conditions.

The Tribunal convened a second Case Management Conference regarding appeals by ABC Eglinton LP concerning a proposed 19-storey mixed-use development.

The Tribunal approved the Draft Procedural Order on consent of the parties and granted participant status to an additional individual.

A settlement in principle was noted between the appellant and one of the parties.

The Ontario Land Tribunal issued a revised Procedural Order to govern the hearing of appeals by Greenline Renovations Plus Ltd. concerning the City of Toronto's failure to adopt a requested Official Plan Amendment and make a decision on a Zoning By-law Amendment for the property at 65-81 McCormack Street.

The hearing is scheduled to commence on June 16, 2025.

The Tribunal convened a first Case Management Conference for appeals brought by Dupont Dev LP against the City of Toronto regarding the refusal of an Official Plan Amendment and the approval of a modified Zoning By-law Amendment.

The Appellant sought to amend its Notice of Appeal to correct clerical errors and expand the applications to include an additional property.

The City objected and indicated its intent to bring a motion to dismiss the appeals.

The Tribunal scheduled a motion to hear these issues.

The applicant appealed the City of Toronto's refusal of an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 46-storey mixed-use building.

At a Case Management Conference, the Tribunal consolidated the appeals.

The Tribunal also identified a jurisdictional issue regarding the expansion of the OPA lands post-appeal and directed that a motion hearing be held to determine the status of the expanded OPA prior to the merit hearing.

The applicant appealed 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 mixed-use development at 2500 Don Mills Road.

The parties reached a settlement for a revised proposal featuring two towers of 49 and 44 storeys, 1,196 residential units, and a new public park.

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

The Tribunal allowed the appeals in part and approved the instruments in principle, withholding its final order until the City confirms several conditions are satisfied.

At the first Case Management Conference for appeals against the City of Toronto's adoption of Official Plan Amendment 716 (Downsview Secondary Plan), the Tribunal granted party status to two entities on consent.

The Tribunal directed that OPA 716 is in force and effect as of August 9, 2024, for lands not subject to the appeals.

A second Case Management Conference was scheduled to allow the parties to further scope the issues and finalize the Procedural Order.