M. McDermid

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal approved a partial settlement between the City and the Guelph & District Home Builders’ Association, finding it represented good land use planning and was consistent with provincial policies.

The Tribunal also established a Procedural Order and scheduled a three-week merits hearing for the remaining appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals against the City of Markham's new City-wide Parkland Conveyance By-law No. 2025-101.

The parties requested Tribunal-led mediation, which was subsequently assessed and confirmed.

The Tribunal scheduled a second Case Management Conference for September 2026 to allow the mediation process to proceed.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by 3317 White Oak Road Inc. against the City of London's refusal of Official Plan and Zoning By-law Amendment applications.

The applications sought to permit high-density, mixed-use buildings and stacked townhouses.

The Tribunal granted party status to an adjacent property owner, Cloverdale Paint Inc., approved the draft Procedural Order and Issues List, and scheduled a 12-day video hearing for January 2027.

At a Case Management Conference for an appeal of a Zoning By-law Amendment concerning a proposed 25-storey mixed-use building, a neighbouring resident sought party status.

The Tribunal granted the resident non-appellant party status, finding he met the requirements under s. 34(24.1) of the Planning Act and OLT Rule 8.2, as he had participated in the public process and his perspective would assist the Tribunal.

The Tribunal also directed the parties to finalize a Procedural Order and scheduled a six-day hearing on the merits.

The appellant appealed the Town of Aurora's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and draft plan of subdivision to facilitate a 30-unit single-detached residential development.

Prior to the merit hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Oak Ridges Moraine Conservation Plan, York Region Official Plan, and Town of Aurora Official Plan.

The Tribunal allowed the appeals in part, approving the planning instruments to implement the settlement.

The appellant appealed the City of Mississauga's enactment of an Interim Control By-law that restricted uses on its property while the City completed land use studies.

At the first Case Management Conference, the parties requested that the appeal be scoped to the subject property and adjourned sine die.

The adjournment would allow the appellant's concurrent Zoning By-law Amendment application to proceed, which could potentially resolve the issues.

The Tribunal granted the request, scoped the appeal to the subject property, and adjourned the matter sine die, directing the parties to provide a status update within six months.

The appellant appealed a condition of a consent approval that required dedicating portions of a road traversing the subject lands to the Township.

The appellant argued the dedication was excessive and inappropriate given the topography, the road's dead-end nature, and a historical settlement where the Township had previously returned surplus road lands to the family.

The Tribunal accepted uncontested expert planning evidence that the condition went beyond policy direction.

The appeal was allowed and the condition was revised to limit the dedication to the travelled portion of the road on the severed lot.

The applicant requested a review of a TLAB decision that refused applications for consent to sever a property and associated minor variances to construct a new detached dwelling.

The applicant alleged the presiding TLAB Member violated procedural fairness by allowing participants to question witnesses and made errors of law in interpreting the City's Official Plan and Zoning By-law.

The TLAB Chair dismissed the review request, finding no violation of natural justice and concluding that the original Member properly interpreted and applied the relevant planning policies and evidence.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated January 22, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the appearances list was revised to correctly identify counsel for Magna International Inc. and Magna Structural Systems Inc. In all other respects, the original decision remains unchanged.

The applicant sought approval of revisions to a Draft Plan of Subdivision and Draft Plan Conditions, and the issuance of a final order for an Official Plan Amendment and Zoning By-law Amendment, following a 2014 Ontario Municipal Board decision.

The Tribunal accepted uncontested expert planning evidence that the revisions, which removed phasing requirements due to secured servicing allocation and addressed municipal and conservation authority comments, represented good planning.

The Tribunal approved the revised Draft Plan of Subdivision and Conditions and issued the final order.

The Tribunal held a first Case Management Conference regarding an appeal by Cardea Bayview Valley Development Limited against the City of Markham's failure to make a decision on a Zoning By-law Amendment application.

The application seeks to permit a 10-unit townhouse development.

The Tribunal granted party status to a group of six residents and participant status to three other individuals, while denying one participant request due to non-attendance.

The Tribunal also approved the Procedural Order and Issues List on consent and scheduled an 8-day merit hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The City requested a deferral of substantive discussions to allow for the evaluation of recent and pending legislative changes (Bills 23 and 42) to the Planning Act, and to continue settlement discussions with the remaining appellants.

The Tribunal agreed with the proposed strategy and scheduled a further Case Management Conference for February 21, 2024.

The appellant appealed the City's failure to adopt an official plan amendment to establish a secondary plan for a large master-planned community.

All parties except one landowner reached a settlement.

The opposing landowner argued the plan did not conform to the Greenbelt Plan due to proposed collector roads crossing the Greenbelt, and sought to have its lands excluded.

The Tribunal found that the approved Municipal Class Environmental Assessment (MCEA) established conformity with the Greenbelt Plan and that the Tribunal should rely on it.

The Tribunal also found no planning basis to exclude the opposing landowner's lands from the comprehensive secondary plan.

The appeal was allowed in part to approve the settlement plan in principle.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals from the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, Site Plan Approval, and Plan of Subdivision, as well as an appeal regarding a heritage designation.

The Tribunal granted party status to three adjacent property owners and participant status to a neighbourhood association.

A 10-day hearing was scheduled for August 2024, and the parties were directed to finalize the Procedural Order and Issues List.

The Tribunal held a first Case Management Conference regarding appeals by multiple developers against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The Tribunal granted party status to two additional entities on consent.

The City requested the establishment of a Common Interest Class under Rule 8.4, which was opposed by the appellants and denied by the Tribunal as premature.

A second Case Management Conference was scheduled, and parties were directed to exchange their particularized issues for a draft Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Vaughan's approval of a zoning by-law amendment to permit a high-rise residential development.

The parties requested a second CMC to allow for ongoing settlement discussions and to potentially consolidate this matter with a related Official Plan Amendment appeal.

The Tribunal scheduled a second CMC for May 25, 2023, and directed the parties to submit their issues for the Procedural Order by April 28, 2023, if a settlement is not reached.

The appellant appealed the City of Markham's passage of a zoning by-law amendment intended to facilitate employment uses on the subject lands.

Prior to the hearing, the parties reached a settlement that included site-specific development standards and the protection of natural heritage features.

Based on uncontested expert planning evidence, the Tribunal found that the proposed amendment was consistent with the Provincial Policy Statement, conformed with the Growth Plan and applicable official plans, and represented good planning.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant for an Official Plan Amendment and Zoning By-law Amendment to permit a 30-storey residential building.

The Tribunal scheduled a third Case Management Conference to finalize the Procedural Order and Issues List, and scheduled a four-week merits hearing.

The applicant appealed the City of Oshawa's failure to make a decision on a proposed Zoning By-law Amendment and Draft Plan of Subdivision for a 165-unit single-detached residential development.

The central issue was whether a proposed park block could simultaneously satisfy the statutory parkland dedication requirement and serve as Significant Wildlife Habitat for migrating Monarch butterflies.

The Tribunal preferred the evidence of the applicant's experts, finding that the park block could appropriately integrate both active recreational uses and butterfly habitat.

The Tribunal approved the Zoning By-law Amendment without a Holding symbol and approved the Draft Plan of Subdivision subject to amended conditions, concluding the proposal was consistent with provincial policy and represented good planning.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for Official Plan and Zoning By-law amendments to permit a 30-storey residential building.

The Tribunal granted Party status on consent to the higher-tier municipality and three adjacent landowners.

A second Case Management Conference was scheduled to finalize a Procedural Order and Issues List.