OLT 2021

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by the appellant against the municipality concerning a proposed official plan amendment and zoning by-law amendment.

The order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence.

The parties attended a Case Management Conference to finalize a procedural order for a hearing to determine the claimant's cost claim following an expropriation.

The parties disagreed on the timeline for the respondent to provide its response to the claimant's bill of costs.

The Tribunal noted that referring the matter to an assessment officer was impractical due to closures and delays, and ordered that the costs be fixed by the Tribunal under section 32(1) of the Expropriations Act.

The Tribunal scheduled the hearing for April 2022 and appended a procedural order reflecting the necessary timelines.

The applicants sought a zoning by-law amendment to permit a luxury camping use ('glamping') on their rural property.

The municipality approved the amendment, which was subsequently appealed by neighbouring property owners.

Prior to the hearing, the parties reached a settlement that reduced the number of camping units from 12 to eight.

Based on the uncontradicted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement and conforms to the applicable Official Plans, the Tribunal approved the settlement and allowed the appeal in part to implement the revised by-law.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for the removal of a holding symbol and site plan approval for a property in the Town of New Tecumseth.

The parties indicated they were in the final stages of reaching a settlement, which involves an agreement for a temporary force main connection to an adjacent property owned by Alliston Developments Limited.

The Tribunal granted party status to Alliston Developments Limited and scheduled a second Case Management Conference to serve as a settlement hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of an Official Plan Amendment and Zoning By-law Amendment by the City of Ottawa.

Several appellants reached a settlement with the City, which will be determined by a motion in writing.

The remaining appeal by R.W. Tomlinson Limited was scheduled for a three-day video hearing, and a Procedural Order was issued to govern that hearing.

The appellant appealed a Committee of Adjustment decision authorizing six minor variances to permit a rear addition and two-car garage on a residential property in London.

The appellant argued the variances for rear yard setback, lot coverage, and building depth were not minor and would cause a loss of privacy and usable amenity space.

The Tribunal preferred the evidence of the applicant's land use planner, finding that the uniquely small lot justified the variances and that the integrated addition was in keeping with the neighbourhood character and Official Plan.

The Tribunal dismissed the appeal and authorized the variances subject to conditions.

The appellants appealed the levying of fees imposed by the City of Toronto for rezoning and site plan applications.

At the first Case Management Conference, the Tribunal addressed opportunities for settlement discussions, finalized a Procedural Order, and scheduled a four-day video hearing.

The appellant appealed the decisions of the County to grant provisional consent and approve a zoning by-law amendment to create two new rural residential lots from an existing parcel.

The Tribunal heard uncontradicted expert planning evidence that the proposal was consistent with the Provincial Policy Statement, conformed to the County Official Plan, and met the criteria under section 51(24) of the Planning Act.

The Tribunal dismissed the appeals, finding the development represented a modest form of intensification that would contribute to the housing supply without adversely impacting surrounding agricultural uses.

This was the second Case Management Conference concerning appeals against the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a proposed mixed-use development.

The Tribunal dismissed a motion by a party seeking to stipulate fundamental facts prior to the hearing, finding it premature.

The parties were directed to continue working on the Issues List and Procedural Order, and a third Case Management Conference was scheduled.

The applicant appealed the Committee of Adjustment's refusal of a consent to sever and associated minor variances to facilitate the creation of a new residential lot while retaining an existing dwelling with potential heritage value.

Prior to the hearing, the parties reached a settlement and the appeal proceeded unopposed.

Based on uncontroverted expert planning evidence, the Tribunal found that the proposed severance met the criteria under s. 51(24) of the Planning Act and the variances met the four tests under s. 45(1).

The appeal was allowed, provisional consent was granted, and the variances were authorized subject to conditions.

The applicant appealed the City of Markham's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit a townhouse development.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed instruments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and represented good planning.

The Tribunal approved the settlement, allowing the appeals in part.

The applicants sought an order for costs against the appellant following the dismissal of a minor variance appeal.

The applicants failed to notify the Tribunal of their intent to seek costs within the mandatory 30-day period following the issuance of the decision, as required by Rule 23.1 of the OLT Rules.

The Tribunal rejected the applicants' arguments that the delay should be excused due to the COVID-19 pandemic and business pressures.

The motion for costs was denied for non-compliance with the Tribunal's rules.

The Tribunal issued an amending decision to correct a technical error in its previous decision dated June 22, 2021.

The amendment revised paragraphs 18 and 20 to clarify that Minutes of Settlement between the appellant and Ed Mirvish Enterprises Ltd. would shortly be executed, and that the Final Order would be withheld until those Minutes were signed and other conditions were addressed.

The applicants appealed the Committee of Adjustment's refusal to authorize minor variances for the height and lot coverage of a proposed accessory building.

The proposed structure was intended for storing a motor home and additional items.

Despite opposition from a neighbour regarding the scale and potential use of the building, the Tribunal found that the variances met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized, subject to a condition that the structure not be used for human habitation or a home occupation.

The applicant appealed the City's failure to adopt a requested official plan amendment to permit the modernization of an existing industrial operation and add residential and retail uses.

At a case management conference, two adjoining landowners and the school board requested party status, citing common issues related to a proposed road and the Golden Mile Secondary Plan.

As there was no opposition, the Tribunal granted party status to all three requesters and directed the parties to produce an issues list.

The Ontario Land Tribunal held a case management conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a zoning by-law amendment application within the legislated timeline.

The Tribunal consolidated the appeal with a related official plan amendment appeal.

Party status was granted on consent to the Toronto District School Board, a residents' association, and an adjacent landowner.

The Tribunal approved a procedural order and issues list to govern the scheduled 12-day video hearing.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals from the City of Burlington's refusal of applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 13-storey residential apartment building.

The Tribunal reviewed the draft Procedural Order and Issues List, and directed the parties to collaborate on refining the Issues List.

A ten-day hearing was scheduled to commence on November 29, 2021.

This was a Case Management Conference regarding appeals of the Regional Municipality of York's decision to approve the new Official Plan for the Township of King.

The Tribunal received updates on the status of the appeals, noted a change in ownership for one appellant's lands, and scheduled a second Case Management Conference and a four-week hearing on the merits.

The appellants appealed the City of Brampton's adoption of Official Plan Amendment No. 173 and Zoning By-law Amendment No. 232-2019.

The parties reached a settlement regarding the Medallion Site, proposing modifications to OPA 173 to allow high-density residential and retail uses prior to the completion of a comprehensive master plan for the mobility hub.

Based on uncontested land use planning evidence, the Tribunal found the modifications consistent with the Provincial Policy Statement and the Growth Plan, and in conformity with the Region of Peel and City of Brampton Official Plans.

The Tribunal allowed the appeal in part to approve the agreed-upon modifications.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's refusal to approve Official Plan and Zoning By-law amendments, and failure to decide on consent applications for two new residential lots.

The Tribunal finalized the Procedural Order and Issues List and scheduled an eight-day video hearing.