Nathan Muscat

The appellant, Dunpar Developments Inc., brought a motion to divide the merit hearing of its appeal against the City of Toronto's Development Charge By-Law into two phases.

The appellant argued that threshold issues regarding the City's intention to fund growth-related needs and the eligibility of third-party costs under the Development Charges Act must be adjudicated first to establish a methodology for reviewing specific project calculations.

The City opposed the motion, arguing for a single hearing event.

The Tribunal granted the motion, finding that the balance of convenience favoured a phased hearing to narrow the issues and provide necessary guidance on statutory interpretation before adjudicating the quantum of the charges.

The Tribunal held a second Case Management Conference regarding appeals by 21 Broadview Avenue Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments for a proposed 12-storey mixed-use building and 15 townhouses.

The Tribunal granted participant status to an adjacent property owner on consent, approved the updated Procedural Order, and scheduled a 10-day merit hearing to commence on June 10, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding a claim for compensation under the Expropriations Act.

The claimant, a commercial tenant operating a daycare, sought damages for injurious affection arising from the acquisition of an easement and construction at the High Park Subway Station.

The Tribunal issued a Procedural Order setting a seven-day hearing on the merits and establishing pre-hearing timelines.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 1891 Eglinton Avenue East in Toronto.

The applicant submitted a revised application, and the parties agreed to a revised Procedural Order and a new 14-day Merit Hearing date.

The Tribunal approved the revised Procedural Order, scheduled the Merit Hearing for March 11, 2024, and directed the parties' planning experts to provide an agreed Statement of Facts.

The appellant appealed the City's failure to make a decision on a proposed Plan of Subdivision and requested that a merit hearing be scheduled.

The City opposed the request, arguing it was premature to schedule the hearing before a related Official Plan Amendment appeal decision was released.

The Tribunal agreed with the City, finding it premature to schedule a merit hearing because the parties had not yet submitted a draft Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the respondent's failure to make a decision on a zoning by-law amendment application for a 29-storey building.

The Tribunal granted participant status to a local resident, directed the respondent to provide its Issues List, and scheduled a second Case Management Conference and a five-day merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by 21 Broadview Avenue Inc. for the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications propose a 12-storey mixed-use building and 15 townhouses.

The Tribunal granted party status to the Riverside Community Group on consent.

The Tribunal directed the parties to submit a draft Procedural Order and scheduled a Telephone Conference Call to further narrow issues and set a hearing date.

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 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 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.

At a case management conference regarding appeals of the City of Toronto's city-wide Development Charges By-law, the Tribunal scheduled a separate settlement hearing for Tenblock Developments Inc.'s appeal concerning the Toronto Green Standard.

For the remaining appeal by Dunpar Developments Inc., the Tribunal directed Dunpar to bring a motion for determination on threshold issues regarding the by-law's compliance with section 5 of the Development Charges Act, and set a schedule for the motion.

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.

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

Prior to the hearing, the parties reached a settlement for a revised 11-storey building.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The appeals were allowed in part, and the planning instruments were approved in principle, with the final order withheld pending the satisfaction of several conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding five appeals of the City of Toronto's Development Charge By-law 1137-2022.

The parties advised they were in ongoing discussions and expected to finalize a Procedural Order and Issues List by late June.

The Tribunal scheduled a further video Case Management Conference for June 26, 2023, and directed the parties to submit a draft Procedural Order, an estimated hearing length, and availability dates by June 19, 2023.

The Tribunal held a first Case Management Conference for an appeal by Royal Mimico Developments Limited regarding the City of Toronto's failure to make a decision on a zoning by-law amendment application for a mixed-use development.

The Tribunal granted party status to abutting property owners Heather and Hubert Walsh.

A second Case Management Conference was scheduled to allow the parties to consider consolidating this appeal with a newly filed official plan amendment appeal for the same property.

At a Case Management Conference regarding a claim for compensation under the Expropriations Act, the parties requested an extension of deadlines in the Procedural Order for the exchange of witness statements.

The Tribunal granted the request and directed the parties to submit a revised Procedural Order.

The Tribunal also noted the claimant's name change in the amended statement of claim, to which the respondent consented.

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 decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use development with 1,177 residential units.

Following a case management conference, the Ontario Land Tribunal granted participant status to a local residents' association, noted the parties' interest in mediation, and issued a Procedural Order scheduling a 14-day hearing to commence on July 24, 2023.

The Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City's refusal of a minor variance application and failure to make a decision on a site plan control application.

The parties discussed the draft Procedural Order and Issues List, with the Tribunal directing the parties to finalize the issues and setting a four-day video hearing for December 2022.