Michael Foderick

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use development with 33- and 44-storey towers.

The parties reached a settlement modifying the proposal.

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

The appeals were allowed in part and the planning instruments were approved in principle, with the final order withheld pending fulfillment of specified conditions.

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 mixed-use development with 35-storey and 55-storey towers.

The parties reached a settlement on a revised proposal.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal had regard for matters of provincial interest, was consistent with the Provincial Policy Statement, and conformed to the Growth Plan and City Official Plan.

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

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by Queen Street Post Inc. regarding the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments, as well as heritage alteration and demolition applications.

The appeals relate to a proposed 272-unit residential development at 1117 Queen Street West.

The order sets the hearing dates for July 2025 and outlines the procedural steps, issues list, and order of evidence.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Queen Street Post Inc. against the City of Toronto's refusal to adopt an Official Plan Amendment, Zoning By-law Amendment, and heritage alteration permits for a 272-unit residential development.

The Tribunal granted participant status to two community groups and scheduled a 10-day merit hearing to commence on July 7, 2025.

At a Case Management Conference, the City of Toronto requested an adjournment of a scheduled hearing regarding an official plan and zoning by-law amendment for 2500 Don Mills Road.

The City argued that the Applicant's late submission of revised plans prejudiced its ability to prepare.

The Applicant subsequently withdrew the revised plans and reverted to the original plans.

The Tribunal denied the adjournment request, finding no procedural fairness issue given the withdrawal, but released the first week of the hearing and adjusted the procedural order dates.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by European Bakery Supply Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a two-tower mixed-use development.

The Tribunal granted party status to three entities (Royce, Campont, and PSKRA) and participant status to one unincorporated community group (Garden).

A 10-day hearing was scheduled for May 2025, and the parties were directed to finalize the Procedural Order and Issues List.

The applicant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 29-storey mixed-use building.

At a settlement hearing, the Tribunal considered uncontested expert planning evidence supporting the revised proposal.

The Tribunal found the proposed amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good planning.

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

The City of Vaughan brought a motion at a Case Management Conference seeking to resolve several site-specific appeals of its new Comprehensive Zoning By-law and Transition By-law.

Based on uncontroverted expert planning evidence, the Tribunal allowed the appeals in part and approved site-specific amendments for properties owned by Dufferin Vistas Ltd., Condor Properties Ltd., and Armland Management Inc. The Tribunal also provided directions for other appeals to be considered at future Case Management Conferences and acknowledged the withdrawal of certain appeals.

The Tribunal held a third Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendments, and refusal of heritage alteration and demolition permits for a mixed-use development at 200 University Avenue.

The Tribunal consolidated the appeals for a future merit hearing and issued a procedural order on consent of the parties.

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 at 181-191 Eglinton Avenue East.

The parties reached a settlement for a revised proposal consisting of 52-storey and 20-storey towers.

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

The appeal was allowed in part and the Zoning By-law Amendment was approved in principle, with the final order withheld pending the fulfillment of conditions.

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

The proposed development involves two midrise mixed-use buildings at 65-81 McCormack Street.

The order sets out the hearing dates, procedural deadlines, and the final Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding various appeals of the City of Brampton's Official Plan Amendment for interim policies of Major Transit Station Areas.

The parties requested a second CMC to allow time to narrow the Issues List and prepare a draft Procedural Order.

The Tribunal scheduled a second CMC for May 30, 2024, to proceed by video.

The appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 536 (OPA 536), which relates to development within the area of influence of rail facilities.

The parties reached a full uncontested settlement and requested the Tribunal approve a modified version of OPA 536.

The Tribunal found that the modifications maintain the intent to address public safety concerns arising from derailments, provide greater certainty regarding the 30-metre area of influence, and clarify requirements for rail safety mitigation reports.

The Tribunal approved the modified OPA 536, finding it consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The City of Toronto brought a request for directions before the Ontario Land Tribunal.

The 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 the Appearances section of its previous decision issued on April 18, 2024.

The decision was amended to accurately reflect the counsel who appeared for the parties.

The City of Toronto brought a motion to adjourn sine die the site-specific appeal of Del Boca Vista Properties Inc. regarding Official Plan Amendment No. 573.

The appellant consented to the adjournment on the proposed terms, which would allow its site-specific development application process to unfold and avoid a multiplicity of proceedings.

The Tribunal granted the motion and adjourned the appeal sine die subject to the agreed terms.

The applicant brought a motion for directions under s. 41(3.7) of the Planning Act to deem its site plan application complete.

The City of Guelph had refused to accept the application, arguing it was incomplete due to missing external agency clearances, lack of conformity with the Provincial Policy Statement, and the retroactive effects of the Official Plan Adjustments Act, 2023.

The Tribunal found that the City conflated the requirements for deeming an application complete with the requirements for granting site plan approval.

The Tribunal held that the applicant had provided all prescribed materials and that the City's additional demands at the completeness stage were unreasonable.

The motion was granted, and the application was deemed complete as of its submission date.

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 an order regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

Following a motion hearing, the Tribunal ordered that the Zoning By-law is deemed to come into full force and effect as of April 18, 2023, save and except for specific regulations, maps, and appendices remaining under appeal on a City-wide basis, and the entirety of the by-law as it applies to specific properties remaining under site-specific appeals.

The order also scoped the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to specific geographical areas.

The applicant appealed the City's failure to make a decision on a Zoning By-law amendment application to permit a 10-storey mixed-use building.

The parties reached a settlement that reduced the building height, density, and dwelling units while increasing parking.

Based on the uncontested planning evidence, the Tribunal found the revised proposal represented good planning and approved the settlement in principle, withholding its final order until the City confirmed all conditions were met.

This was a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law, related Official Plan updates, and residential parking requirements.

On consent of the parties, the Tribunal consolidated the Parking By-law Appeal with the Comprehensive Zoning By-law and Official Plan Amendment appeals.

The Tribunal also scheduled a settlement hearing for April 23, 2024, to address settlements reached with several appellants, and a third Case Management Conference for June 25, 2024.