OLT 2021

At a Case Management Conference regarding a land compensation claim under the Expropriations Act, the Tribunal was advised that the claimant's appraisal had been served and the respondent Ministry had requested 18 documents to review it.

The claimant confirmed the documents were en route.

The Tribunal scheduled a further Case Management Conference for October 1, 2021, to allow the Ministry's experts time to review the materials and report.

The applicant appealed the City of Toronto's failure to adopt requested official plan and zoning by-law amendments to permit a mixed-use building.

Following an earlier Interim Order that allowed the appeal in part, the applicant advised that revisions to the approved zoning by-law amendment were necessary.

Based on a planning affidavit and with the City's consent, the Tribunal ordered that the Interim Order be amended to replace the previously approved zoning by-law amendment with the revised version.

The applicant appealed the Town of Bracebridge's refusal of a zoning by-law amendment application to permit a townhouse development.

At the first Case Management Conference, the Tribunal was advised that the property had been sold and a revised application would be submitted.

The Tribunal scheduled a further CMC for November 2021 to allow for review of the new submission and granted party and participant status to several neighbours on consent.

The appellant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a property on Queen Street West.

The Ontario Land Tribunal held a Case Management Conference where it granted participant status to an adjacent landowner on consent.

The Tribunal also approved the draft Procedural Order and Issues List and scheduled a five-day video hearing for November 2021.

The applicant appealed the City of Hamilton's failure to adopt a requested Official Plan Amendment and its neglect to make a decision on a zoning by-law amendment application for a proposed 9-storey mixed-use development.

The Ontario Land Tribunal held a Case Management Conference where the parties presented a draft Procedural Order and Issues List.

The Tribunal approved the draft Procedural Order and Issues List and scheduled a five-day video hearing for January 2022.

The appellant appealed a zoning by-law passed by the municipality to permit the development of two 2-storey apartment buildings.

The Tribunal found that the by-law was based on sound planning principles, complied with all relevant provincial policies and the Official Plan, and would result in no negative impact.

The appeal was dismissed for lacking planning merit.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 59-storey mixed-use building.

Following negotiations, the parties reached a settlement on a revised proposal that addressed heritage conservation, height, and built form issues.

Based on the uncontradicted expert planning evidence that the revised proposal was consistent with the Provincial Policy Statement and conformed to the Growth Plan and applicable Official Plan policies, the Tribunal allowed the appeal in part and approved the settlement in principle, withholding its final order until outstanding conditions were satisfied.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 12-storey mixed-use building.

Following a settlement hearing and previous interim orders, the Tribunal received confirmation that the conditions for approval had been finalized.

The Tribunal ordered that the appeal is allowed and the zoning by-law is amended accordingly.

The applicants sought minor variances for height and lot coverage to permit the construction of a new two-storey dwelling with a cabana and pool.

The Committee of Adjustment approved the application, and a neighbour appealed the decision to the Ontario Land Tribunal.

The Tribunal found that the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and satisfied the four tests for minor variances under section 45(1) of the Planning Act.

The Tribunal accepted the expert planning evidence that the proposed dwelling was compatible with the established residential neighbourhood and that the variances were minor in nature.

The appeal was dismissed and the variances were authorized subject to conditions.

The Tribunal held a first Case Management Conference for an appeal by the applicant regarding the municipality's failure to make a decision on a zoning by-law amendment application for a 12-storey mixed-use building.

The Tribunal granted participant status to a local resident, scheduled a 10-day hearing on the merits for July 2022, and approved the parties' draft Procedural Order.

The applicant appealed the City of Toronto's refusal of its Official Plan and Zoning By-law Amendment applications to permit a 59-storey residential tower.

Following a prior Tribunal decision approving the development in principle, the parties finalized the form of the Zoning By-law Amendment and executed a Section 37 Agreement.

The Tribunal allowed the appeals in part and directed the City to amend the Zoning By-law in accordance with the finalized settlement.

The claimant, a restaurant and bar, sought compensation for injurious affection under the Expropriations Act, alleging that the City's streetscape improvement project caused substantial and unreasonable interference with its business.

The claimant argued that construction noise, dust, and restricted pedestrian and vehicular access led to significant business losses.

The Tribunal applied the two-part test for private nuisance from Antrim, finding that while the interference was substantial, it was not unreasonable.

The Tribunal noted that reasonable access was maintained at all times, the City's conduct in managing the project and accommodating the business was reasonable, and the downtown commercial character of the neighbourhood meant some construction disruption was to be expected.

The claim was dismissed.

The Ontario Land Tribunal held a Case Management Conference to finalize the hearing plan and procedural directions for appeals concerning the redevelopment of the Glen Abbey golf course.

The Tribunal approved a segmented hearing approach, scheduling a five-week block in 2022 for technical discipline evidence, and finalized a four-day per week hearing plan for the main hearing commencing in August 2021.

Additional directions were provided regarding electronic document submission, verbatim reporting, and a strict prohibition against unauthorized recording of the proceedings.

The appellants appealed a Director's Order requiring the removal of hazardous waste and the completion of a Phase Two Environmental Site Assessment.

Following a previous decision ordering the Director to amend the order, the parties disagreed on the compliance deadlines for the remaining work items.

The appellants requested an extension because their retained Qualified Person was occupied with emergency work at another property following a fire.

The Tribunal accepted the parties' agreed-upon extended compliance dates of August 3, 2021, for the Action Plan and October 29, 2021, for the Final Report, and directed the Director to issue the amended order with these dates.

The applicant appealed the City of Toronto's refusal to amend the Official Plan and Zoning By-laws to permit a 36-storey mixed-use building at the corner of Wellesley Street East and Church Street.

The Tribunal evaluated the proposal against the existing and planned context, including the Church Street Village Character Area and the Wellesley Wood Character Area.

While the Tribunal found the shadow impacts acceptable and the tower design mitigating, it ultimately concluded that the proposed height and massing were excessive and incompatible with the low-rise character of Church Street.

The appeals were dismissed and the requested amendments were not approved.

The applicant appealed the City of Toronto's refusal of a zoning by-law amendment application to permit the development of two 32-storey residential towers.

Following a settlement hearing, the Tribunal previously allowed the appeal subject to the fulfillment of certain conditions.

Upon receiving confirmation from the parties that the conditions had been finalized, the Tribunal issued a final order allowing the appeal and approving the zoning by-law amendment.

The Tribunal held a Case Management Conference regarding an appeal of a non-decision by the County of Simcoe on a site-specific official plan amendment.

The County brought a motion, on consent, to consolidate this appeal with an existing site-specific appeal concerning the County's Official Plan.

The Tribunal granted the consolidation motion.

The Tribunal declined to issue an order approving the balance of the Township's Official Plan without a formal written motion, noting jurisdictional uncertainties under section 17(40) of the Planning Act.

The applicant appealed the Committee of Adjustment's denial of a minor variance application to permit a multi-unit residential building with commercial space.

Prior to the hearing, the applicant revised the proposal, reducing the height and number of units, which led to a settlement with the City.

Based on uncontested expert planning evidence, the Tribunal found the revised application met the four tests under s. 45(1) of the Planning Act, was consistent with the Provincial Policy Statement, and conformed to the Growth Plan.

The appeal was allowed in part and the revised variances were authorized subject to conditions.

The applicant appealed the Township of King's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision to permit a 48-unit townhouse development.

The parties reached a settlement on revised instruments.

Based on uncontested expert evidence in planning, transportation, arboriculture, and ecology, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Oak Ridges Moraine Conservation Plan, and applicable official plans.

The Tribunal allowed the appeals in part, approving the revised instruments and delegating authority to the Township to clear draft plan conditions.

The Tribunal held a fourth Case Management Conference concerning appeals of the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

The parties agreed to split the appeals into City-wide appeals and site-specific appeals.

The Tribunal approved the scoping of the appeals, scheduled a five-week hearing for the City-wide appeals, and issued the associated Procedural Order.