Michael Foderick

The Tribunal held a first Case Management Conference regarding appeals by Jacob's Tent Inc. against the City of Toronto for failing to make a decision on a Zoning By-law Amendment and Site Plan Approval within statutory timeframes.

The appeals relate to a proposed mixed-use development on Danforth Avenue.

The Tribunal granted party status to several entities on consent, granted participant status to a daycare centre, approved a Procedural Order, and scheduled a 10-day hearing on the merits for February 2025.

The Ontario Land Tribunal held a first 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.

The Tribunal granted party status to five adjacent or nearby landowners on consent.

The Tribunal also approved the Procedural Order and Issues List and scheduled a ten-day video hearing.

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to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.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 City of Guelph brought a motion for directions seeking partial approval of its new Comprehensive Zoning By-law, save and except for certain sections under appeal.

The City also sought to scope the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to site-specific or area-specific appeals.

The Tribunal granted the motion, finding that the notices of appeal for both respondents only provided reasons related to specific properties and did not justify city-wide appeals.

The Tribunal deemed the unappealed portions of the By-law to be in full force and effect and ordered the respondents to scope their appeals accordingly.

At a Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a 43-storey mixed-use development, the Tribunal granted party status to St. Michael's Hospital.

The Tribunal also approved the Procedural Order and Issues List, and scheduled a ten-day video hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Marlin Realty Ltd. against the City of Toronto for failing to make a decision on a zoning by-law amendment application for a 38-storey mixed-use building.

The Tribunal granted party status to five entities and participant status to one individual on consent.

A second Case Management Conference was scheduled for February 2024, and a ten-day hearing on the merits was scheduled for July 2024.

The City of Toronto brought a motion for an order approving Official Plan Amendment No. 445, as modified, following a settlement with multiple appellants.

The amendment establishes a policy framework for the West Queen West area, addressing heritage conservation, built form, and public realm enhancements.

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

The Tribunal approved the modified amendment, allowing the appeals in part, while adjourning one site-specific appeal sine die.

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 Applicant appealed the City of Mississauga's failure to make a decision on an application to remove a holding symbol to permit a mixed-use development.

At the first Case Management Conference, the parties advised they were engaged in active settlement discussions.

The Tribunal scheduled a second Case Management Conference, which may be converted into a settlement hearing, and directed the parties to advise of any settlement prior to the next hearing date.

This was the first Case Management Conference regarding multiple appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal granted party status to 2793031 Ontario Inc. on consent.

The parties advised that discussions were ongoing to scope the issues and potentially bring parts of the by-law into force.

The Tribunal scheduled a scoping motion and a second Case Management Conference, and directed the submission of a draft Procedural Order and Issues List.

The appellant appealed the City of Brampton's failure to make a decision on a site plan application for a 31,883 square metre urban distribution and logistics facility.

Prior to the hearing, the parties reached a settlement resolving the primary issue of heavy truck access.

Relying on uncontroverted expert planning evidence, the Tribunal found the revised site plan was consistent with the Provincial Policy Statement and conformed to the Growth Plan and local official plans.

The Tribunal approved the revised site plan in principle, withholding its final order pending execution of a site plan agreement.

The City of Toronto brought a motion for directions seeking an adjournment sine die of site-specific appeals by 955 Weston and CP REIT regarding Official Plan Amendment 571 (Mount Dennis Secondary Plan).

The appellants consented to the adjournment subject to agreed terms.

The Tribunal granted the adjournment, finding it efficient and without prejudice.

A request to consolidate Trolleybus's appeal with its other site-specific appeals was deferred to a future case management conference.

The Tribunal convened a second Case Management Conference regarding appeals against the City of Mississauga's Community Benefits Charge By-law.

The Tribunal confirmed that a previous consolidation order only applied to the jurisdictional question of varying the 4% charge prescribed by regulation, and that any decision on that motion would be without prejudice to the other appellants' issues.

The Tribunal ordered that further proceedings be suspended until the decision on the consolidated motion is final and binding.

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.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a residential and commercial development in Toronto.

The parties agreed on a draft Procedural Order and Issues List, with a minor wording dispute resolved during the conference.

The Tribunal approved the final Procedural Order and scheduled a 15-day video hearing to commence in October 2024.

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.

This was the first Case Management Conference for an appeal regarding a Zoning By-law Amendment to permit a 34-storey mixed-use building at 1840 Bayview Avenue in Toronto.

The Tribunal granted participant status to 19 individuals and associations, and party status to Glaze Dev LP and the Broadway Area Residents Association.

A 10-day video hearing was scheduled to commence on May 27, 2024, and the parties were directed to submit a draft Procedural Order and Issues List.

The appellants appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments to permit high-rise mixed-use developments at 399-415 Yonge Street.

Following Tribunal-led mediation, the parties reached a settlement endorsed by City Council.

The Tribunal allowed the appeals in part to give effect to the settlement, finding that the revised proposals, including traffic and servicing improvements, represented good planning.

This was the second Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 571, which adds the Mount Dennis Secondary Plan.

The Tribunal rescheduled a mediation and scheduled further CMCs to consider a potential motion by the City to adjourn related development applications.

On consent, the Tribunal granted Metrolinx party status, noting it must shelter under existing issues.

A request for party status by FortyTwo Communities Fund LP II GP Inc. was withdrawn after the City opposed it.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendments to permit a residential development at 11-23 Hollis Street.

Following mediation, the parties reached a settlement proposal for a 48-storey residential tower.

Based on uncontested expert planning evidence, the Tribunal found the proposal represents good planning, is consistent with provincial policies, and conforms to the applicable official plans.

The Tribunal allowed the appeal in part on an interim basis, withholding its final order until various pre-requisite conditions are satisfied by the applicant.