Michael Foderick

The City of Vaughan passed a new Comprehensive Zoning By-law and a subsequent Transition By-law, which were subject to numerous appeals.

At a case management conference, the Tribunal considered and approved several site-specific settlements on consent, amending the by-laws accordingly based on uncontested expert planning evidence.

The Tribunal also dismissed one appeal on consent for failing to meet statutory requirements, transferred another appeal to be consolidated with a related proceeding, and scheduled a written motion for a city-wide appeal settlement.

At a case management conference, the Tribunal addressed the parties' failure to comply with a prior order to submit a Procedural Order and Issues List.

The parties had reached a last-minute settlement and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing, granted Metrolinx party status on consent, and admonished the parties for their non-compliance with case management directives.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a residential development at 2500 Don Mills Road in Toronto.

The Tribunal granted party status on consent to four adjacent and nearby property owners.

A second Case Management Conference was scheduled, and the parties were directed to prepare a Draft Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit an 8-storey mixed-use building.

The applicant and the City reached a settlement on a revised proposal, but an adjacent property owner opposed it, citing concerns over height, angular planes, and privacy impacts.

The Tribunal accepted the applicant's planning evidence, finding that the revised proposal conforms with the Official Plan, is consistent with provincial policies, and provides appropriate transition and mitigation of impacts.

The appeal was allowed in part to implement the settlement proposal.

The claimant brought two claims for land compensation under the Expropriations Act relating to adjacent properties expropriated by Metrolinx.

At a case management conference, the Ontario Land Tribunal ordered that the two proceedings be administratively consolidated and heard together, given the overlap in parties, issues, and evidence.

The Tribunal issued procedural orders setting out the pre-hearing steps and scheduled a 14-day hearing on the merits for early 2024.

This was the first Case Management Conference regarding an appeal by the applicant against the City's failure to make a decision on a zoning by-law amendment application within the legislative timeframe.

The Tribunal denied a late request for Participant status from a community member who attended the CMC but only requested status after its conclusion, noting that reopening the issue would unnecessarily strain resources.

The Tribunal scheduled a five-day merit hearing to commence on February 26, 2024, and directed the parties to submit a final draft Procedural Order and Issues List.

The applicants appealed the City of Toronto's failure to make a decision on their zoning by-law amendment applications for 53 and 55 Yonge Street.

Prior to the hearing, the parties reached a settlement for a revised 66-storey mixed-use building.

Based on uncontested expert planning and transportation evidence, the Tribunal found the proposal represents an appropriate and desirable redevelopment within the Urban Growth Centre, conforms to provincial policy, and represents good planning.

The Tribunal allowed the appeal in part and approved the settlement proposal in principle, withholding its final order pending the finalization of the by-law and related engineering and transit conditions.

The Tribunal held a Case Management Conference for consolidated appeals regarding proposed high-rise developments on Yonge Street.

The parties disputed the wording of the draft Procedural Order and the inclusion of adjacent lands in a revised Official Plan Amendment.

The Tribunal directed the parties to submit a final draft Procedural Order and consolidated Issues List following the upcoming City Council meeting.

At a first Case Management Conference regarding appeals for a proposed 45-storey residential development, the applicant brought a motion to secure a Procedural Order and hearing dates.

The Tribunal dismissed the motion as unnecessary and a waste of resources, noting that the Tribunal is already mandated to schedule hearings and issue procedural orders under its rules.

The Tribunal proceeded to set dates for a final pre-hearing CMC and a five-day video hearing.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 14-storey mixed-use building.

The Tribunal heard uncontested expert evidence that the proposed development is appropriate, fits harmoniously with the existing context, and meets the intent of the applicable policy framework.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment, finding it represents good land use planning and is in the public interest.

The applicant 399Y Corporation brought a motion to consolidate its appeals regarding a proposed 75-storey mixed-use building with the appeals of 415 Yonge Holding Ltd. regarding a proposed 42-storey addition, both located within the same block.

The City of Toronto opposed the consolidation, citing prejudice due to the need for Council direction and the lack of a community consultation meeting for the 399Y appeal.

The Tribunal granted the motion to consolidate, finding that dealing with the combined context through a block planning lens would ensure the efficient and effective use of the Tribunal's time and that of the parties, and maintained the scheduled hearing dates.

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

The Tribunal granted participant status to the Learning Enrichment Foundation.

The parties agreed that the matter would benefit from Tribunal-led mediation, and a second Case Management Conference was scheduled for June 2023.

The Ontario Land Tribunal held a Case Management Conference regarding appeals for a zoning by-law amendment and an official plan amendment to permit a 42-storey addition on an existing building.

The Tribunal ordered the consolidation of the two appeals.

Additionally, the Tribunal directed the City of Toronto to provide its comments on the revised application and a draft Issues List by specified dates to facilitate the preparation of a Procedural Order for the upcoming merits hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding 46 appeals of the City of Toronto's Official Plan Amendment No. 536, which relates to development within the area of influence of rail facilities.

The Tribunal granted party status to seven entities, noted the withdrawal of two appeals in favour of party status, and established a procedural timeline for the submission of consolidated and site-specific issues lists.

A second Case Management Conference was scheduled for December 1, 2022.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendments to permit a 29-storey mixed-use development.

At a settlement hearing, the parties presented a revised proposal that no longer required an Official Plan Amendment.

Based on uncontested expert planning evidence, the Tribunal found the proposed Zoning By-law Amendment was consistent with provincial policy, conformed to the City's Official Plan, and represented good land use planning.

The Tribunal allowed the appeal in part and approved the Zoning By-law Amendment in principle, withholding its final order pending the finalization of the by-law and a Section 37 agreement.

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.

A Case Management Conference and Status Hearing was held regarding appeals against the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a proposed 29-storey mixed-use building.

The Tribunal noted ongoing settlement discussions and directed the parties to provide a draft Hearing Plan by May 20, 2022, ahead of the scheduled 10-day hearing.

This was the third Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 445.

The Tribunal granted party status to Queen Street Post Inc., noting they would shelter under the issues of other parties.

A 15-day hearing was scheduled for October and November 2023, and a Procedural Order was approved in principle.

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 applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development.

At the third Case Management Conference, the parties advised the Tribunal that a settlement had been reached in principle.

With the consent of all parties, the Tribunal scheduled a settlement hearing for December 17, 2021, and removed a self-represented party's issues from the list following his withdrawal.