Michael Melling

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.

The Tribunal convened a Case Management Conference regarding appeals by landowners against the City of Richmond Hill's Development Charge By-laws.

The parties agreed on a draft Procedural Order, an Issues List, and the scheduling of a 13-day merits hearing.

The Tribunal also scheduled a one-day motion hearing to address a jurisdictional issue raised by the City regarding one of the appeals.

The proceedings were consolidated.

This was a Case Management Conference regarding appeals of the City of Burlington's new Official Plan, Official Plan Amendment 119, and Zoning By-law Amendment No. 2020-418.

The Tribunal approved a Master Procedural Order setting out a phased hearing plan and approved the Procedural Order for the Phase 1A hearing on agriculture issues, scheduling it for April 2023.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The Tribunal held a Case Management Conference regarding appeals by SO Development Inc. for a proposed zoning by-law amendment and draft plan of subdivision due to the City of Oshawa's failure to make a decision.

The Tribunal approved the draft Procedural Order on consent and scheduled a 19-day Phase 2 video hearing to commence on August 29, 2022.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for the failure of the City of Vaughan to make decisions on official plan and zoning by-law amendment applications.

The Tribunal granted party status to two individuals and participant status to several others.

A second Case Management Conference and a 15-day hearing were scheduled.

The Escarpment Biosphere Conservancy appealed the Municipality of Northern Bruce Peninsula's approval of a zoning by-law amendment that permitted the development of a cottage, detached garage, and septic system on lands within the Zinkan Island Cove Area of Natural and Scientific Interest.

The appellant argued that the applicant failed to demonstrate that the development would have no negative impacts on the natural features or their ecological functions, as required by the Provincial Policy Statement.

The Tribunal dismissed the appeal, preferring the evidence of the applicant's and municipality's experts, who concluded that the development, restricted to a previously disturbed building envelope with mitigation measures, would have no negative impacts on the alvar habitat or other natural heritage features.

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 neglect to make a decision on a zoning by-law amendment application to permit a residential addition incorporating a heritage building.

Following unsuccessful mediation, the parties agreed on a draft Procedural Order and requested hearing dates.

The Tribunal scheduled a 10-day video hearing for July 2022 and ordered the parties to file a final Procedural Order.

At a Case Management Conference for appeals concerning a proposed seven-storey mixed-use building, the Tribunal granted party and participant status to several individuals and a ratepayers' association.

The Tribunal resolved disputes over the Procedural Order, ruling that a minor error in the Notice of CMC did not invalidate it, directing a self-represented party to bring his preliminary motion regarding the scope of expert evidence by a specific date or face a bar on raising the issue, and determining that a party's residential address need not be published in the Procedural Order.

The parties requested a further Case Management Conference (CMC) to address details of phasing and outstanding matters in the Procedural Order regarding appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted the request and scheduled a further CMC for February 24, 2022.

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.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The application proposed two mixed-use buildings with four towers at 6 Dawes Road.

Following a second Case Management Conference, the Ontario Land Tribunal issued a Procedural Order, scheduled a 10-day hearing for June 2022, and set a third Case Management Conference for November 2021.

The City of Burlington brought a motion during a Case Management Conference to release the freeze on certain lands under an Interim Control By-law (ICBL).

The ICBL remained in effect due to appeals of a Zoning By-law Amendment (ZBA) that applied only to a specific area near the Burlington GO Station.

The Tribunal found, based on uncontested planning evidence, that the ZBA did not apply to the lands outside its specific area.

Consequently, pursuant to s. 38(6.1) of the Planning Act, the Tribunal's finding invoked the release of the ICBL for all remaining lands outside the ZBA area, allowing prior zoning to resume effect.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals against the City of Toronto's approval of Official Plan Amendment No. 478.

The parties reported that settlement discussions were ongoing in good faith and requested a subsequent Case Management Conference to review the results.

The Tribunal scheduled the next Case Management Conference for January 31, 2022, and a 30-day Hearing of the Merits commencing April 4, 2022.

A case management conference was held to consider hearing appeals related to the City of Burlington's Official Plan Amendment 119, Zoning By-law Amendment 2020-418, and the new Official Plan together.

The Tribunal ordered the matters to be heard together for case management purposes.

Additionally, the Tribunal granted a motion by 409 Brant St. Ltd., finding that ZBA 2020-418 does not apply to its site, which had the statutory effect of releasing the site from the Interim Control By-law and reinstating its prior zoning.

The applicant appealed the City's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision.

The Phase 1 hearing focused on whether the proposed development was premature due to the presence of Significant Wildlife Habitat for Monarch butterflies on the subject lands.

The Tribunal found that the applications were not premature, accepting the applicant's evidence that proposed mitigation measures, including species-specific vegetation and a phased construction plan, would ensure no negative impacts on the migratory stopover habitat.

The Tribunal directed the matter to proceed to a Phase 2 hearing.

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

At a Case Management Conference, the parties reported substantial progress in settlement discussions and requested a further adjournment.

The Tribunal scheduled an additional Case Management Conference for November 25, 2021, to allow discussions to continue.

The Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment No. 486 (King Spadina Secondary Plan).

Four non-appellant property owners requested party status.

The Tribunal found that three owners had a direct interest and added them as parties, contingent on filing a list of issues to shelter under.

A fourth owner, who did not make submissions prior to the OPA's adoption, was also added as a party because they owned lands within the OPA area and were directly affected.

The Tribunal directed the parties to submit a final draft Procedural Order.