Naomi Mares

A Case Management Conference was held regarding appeals of an Official Plan Amendment and Zoning By-law Amendment in the City of Niagara Falls.

The Tribunal granted participant status to six individuals and entities and directed the parties to finalize a Procedural Order and Issues List.

The Tribunal also determined that a third-party zoning by-law appeal was not dismissed by the transition provisions of Bill 185, as the merit hearing had been scheduled prior to the legislative cutoff date.

Motion dates were scheduled to address the production of documents and resolve the Issues List.

The appellant appealed the City of Toronto's decision to pass a designation by-law for a property under the Ontario Heritage Act.

At the first Case Management Conference, the parties indicated they were engaging in private settlement discussions and that a separate development application was being considered concurrently.

The parties jointly requested a second Case Management Conference to allow time for resolution or to identify pertinent issues.

The Tribunal granted the request, scheduled a second Case Management Conference, and directed the parties to provide a draft Procedural Order or status update prior to the next hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Barrie's Development Charges By-law 2023-74.

The parties reached an agreement on the terms of a Procedural Order and Issues List.

The Tribunal issued the Procedural Order on consent, setting a four-week hearing on the merits to commence in September 2024.

The applicant appealed the City of Vaughan's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a transit-oriented development at 88 Steeles Avenue West.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed Zoning By-law Amendment, which permits two high-rise residential towers, represents good planning and conforms to applicable provincial and municipal policies.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle on an interim basis, contingent on the fulfillment of specified conditions.

The appellants appealed Official Plan Amendment No. 107 (OPA 107) to the Municipality of Clarington's Official Plan, specifically challenging the extent of the Environmental Protection Area (EP) and Natural Heritage System (NHS) mapping on their lands.

The dispute centered on whether a 'Cultural Thicket' dominated by Eastern White Cedar met the Official Plan definition of a 'Significant Woodland'.

The Tribunal found that the Cultural Thicket is a treed area that meets the Official Plan, Provincial Policy Statement, and Forestry Act definitions of a woodland, and the Official Plan definition of a Significant Woodland.

The Tribunal ordered that the EP and NHS mapping be refined to include the Cultural Thicket and contiguous woodlands, while excluding a small marsh area, and otherwise dismissed the appeal.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed 74-storey mixed-use building.

On consent of the parties, the Tribunal ordered the adjournment of the 10-day merits hearing from April 2, 2024, to May 27, 2024, and issued a revised Procedural Order establishing new timelines for the exchange of evidence and other pre-hearing requirements.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's adoption of a Zoning By-law Amendment and failure to decide on a draft Plan of Subdivision for a high-rise mixed-use development.

The Tribunal scheduled a two-day merit hearing for the zoning by-law appeal and a second Case Management Conference for the draft plan of subdivision appeal.

The applicant appealed the Town of Aurora's failure to make a decision on an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use residential building, as well as appealing a heritage designation by-law for a portion of the subject lands.

Prior to the hearing, the parties reached a settlement for a nine-storey building with 545 residential units.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and municipal plans, representing good transit-oriented development.

The Tribunal also found the property had no cultural heritage value and directed the repeal of the heritage by-law.

The appeals were allowed on an interim basis, with the final order withheld pending fulfillment of conditions.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Draft Plan of Subdivision application for a multi-tower residential development.

The parties reached a settlement for a revised proposal comprising 870 units, including rental replacement units, a new public road, and a public park, while incorporating existing heritage facades.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with provincial policies and conforms to the City's Official Plan.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle, with the final order withheld pending the satisfaction of several preconditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of site plan and minor variance applications for a 3-storey commercial office building.

The parties reported that the minor variance issues were resolved and they were working towards a full settlement on the site plan.

The Tribunal scheduled a third Case Management Conference for January 2024 to facilitate a potential settlement hearing.

The applicant appealed the City's failure to make a decision on its applications for an official plan amendment and zoning by-law amendments to permit a 49-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to neighbouring property owners on consent.

The parties indicated an intention to engage in settlement discussions, and a second Case Management Conference was scheduled.

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 comprising one residential building and three mixed-use buildings.

The parties reached a settlement prior to the hearing.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and provides appropriate transit-supportive intensification within a Protected Major Transit Station Area.

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

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 parties were unable to reach an agreement on a draft Procedural Order and Issues List following a Case Management Conference.

The Ontario Land Tribunal issued a Procedural Order and Issues List to govern the procedures leading up to and including the 9-day video hearing scheduled to commence on October 17, 2023, regarding appeals of a proposed zoning by-law amendment and plan of subdivision for a three-building, 892-unit development.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicants from the City of Toronto's failure to make a decision on an Official Plan Amendment application for the Centrepoint Mall property.

The Tribunal granted party status to several neighbouring landowners and the Toronto Catholic District School Board, and participant status to a local resident.

A second Case Management Conference was scheduled for January 22, 2024, to address procedural matters and a potential consolidation with a related appeal.

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 appellants appealed the City of Toronto's Official Plan Amendment No. 144 and Zoning By-law No. 1170-2011.

Cobalt Developments Limited and Clair West Developments Limited reached a site-specific settlement with the City to permit an 11-storey mixed-use development on their properties along St. Clair Avenue West.

The Tribunal accepted uncontested expert planning evidence that the revised zoning by-law is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The Tribunal allowed the appeal in part and approved the revised zoning by-law in principle, subject to conditions, without prejudice to the remaining appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 1306497 Ontario Inc. for a proposed transit-oriented development in the City of Vaughan.

The Tribunal granted party status to eleven requesters and participant status to one ratepayers association without objection.

The Tribunal directed the applicant to finalize the Procedural Order and Issues List for submission by July 11, 2023, and scheduled a five-day hearing on the merits for April 2024.

The appellant appealed the City of Niagara Falls' adoption of an Official Plan Amendment and Zoning By-law Amendment that permitted a vacation rental unit in an existing detached dwelling.

The appellant argued that the official plan prohibited vacation rental units in the River Road Satellite District and that the proposal would result in an undue concentration of tourist accommodations.

The Tribunal accepted the uncontroverted expert planning evidence that the amendments were consistent with provincial policies, conformed to regional and local official plans, and did not create an undue concentration of vacation rental units.

The appeals were dismissed and the amendments were approved.

The Ontario Land Tribunal held a case management conference regarding appeals concerning the City of Toronto's failure to make a decision on requested official plan and zoning by-law amendments to permit a 74-storey mixed-use building.

On consent of the parties, the Tribunal issued a Procedural Order and Issues List to govern the upcoming 10-day hearing.