OLT 2021

The claimants sought compensation for the market value of land taken by the Regional Municipality of Waterloo for a light rail transit project, as well as disturbance damages and injurious affection for business losses.

The Ontario Land Tribunal held a Case Management Conference to establish a procedural timetable and schedule the hearing.

The Tribunal ordered the parties to adhere to the agreed-upon timetable and scheduled a nine-day hearing to commence on November 7, 2022.

The Tribunal held a Case Management Conference regarding a 2017 expropriation of part of the claimants' lands for the realignment of Highway 6.

The claimants sought the Ministry's final design plans and the scheduling of a second CMC.

The Ministry indicated it was awaiting reports from its planner and appraiser.

The Tribunal scheduled a second CMC for February 22, 2022, and directed the Ministry to provide status updates on the final design plans, construction schedule, and expert reports.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 28-storey residential building.

Following a public hearing, the Ontario Land Tribunal issued a procedural order on consent of the parties.

The order establishes the organization of the hearing, pre-hearing requirements, and the final issues list.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law Amendment applications for an 11-storey residential building.

The Tribunal granted party status to the region on consent and recognized 51 participants.

The Tribunal approved the finalized Procedural Order and scheduled a 10-day video hearing for the merits of the appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals by Losani Homes concerning properties in the Town of Grimsby.

The appeals relate to Official Plan and Zoning By-law amendments, as well as heritage demolition refusals and notices of intention to designate under the Ontario Heritage Act.

The Tribunal granted party status to Burgess Heritage Group Inc. and participant status to several individuals.

The Tribunal deferred the issue of consolidating the appeals, directed the parties to finalize a draft Procedural Order, and scheduled a 10-day merit hearing as well as a second Case Management Conference.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for a proposed five-storey residential rental building.

The applicant requested additional time to complete a resubmission aimed at resolving the City's concerns.

With the City's consent, the Tribunal scheduled a subsequent Case Management Conference for March 2022 and directed the parties to file a Procedural Order and Issues List.

The Tribunal held a first Case Management Conference for an appeal concerning a proposed residential building in Toronto.

The City had failed to make a decision on the zoning by-law amendment application within the statutory timeframe.

The Tribunal granted party and participant status to several local groups, scheduled a second Case Management Conference, set a five-day hearing for September 2022, and approved a Procedural Order to govern the proceedings.

The Tribunal convened a settlement hearing to address an appeal by Tien De Religion Canada regarding the City of Vaughan's 2010 Official Plan.

The parties agreed to modifications permitting a detached dwelling and agricultural uses on the appellant's property, which is largely bounded by the Humber River.

Based on uncontested planning evidence, the Tribunal found the modifications consistent with provincial policies and the Regional Official Plan.

The Tribunal approved the modifications, finding them to represent good planning in the public interest.

The City of Hamilton issued a Notice of Intention to Designate the former Royal Connaught Hotel under the Ontario Heritage Act.

Three condominium owners objected to the designation, primarily raising concerns about an ongoing ownership dispute over the building's main lobby and the removal of certain heritage features during redevelopment.

The Ontario Land Tribunal dismissed the proceedings without a hearing, finding that the ownership disputes were outside its jurisdiction, which is limited to assessing cultural heritage value or interest.

The Tribunal also found that the City had properly accounted for the building's current state in its heritage assessment.

The appellants appealed the refusal of their applications for a Zoning By-law Amendment and consent to sever a 0.8-hectare parcel for residential purposes.

The key issue was whether the proposed reduction in the Minimum Distance Separation (MDS) setback from an adjacent livestock facility was appropriate.

The Tribunal found that the applications were not consistent with the Provincial Policy Statement, did not conform to the Official Plan, and did not meet the limited site-specific circumstances for reducing the MDS setback under Guideline 43.

The appeals were dismissed.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The application proposed two mixed-use buildings with four towers at 6 Dawes Road.

Following a second Case Management Conference, the Ontario Land Tribunal issued a Procedural Order, scheduled a 10-day hearing for June 2022, and set a third Case Management Conference for November 2021.

The applicant brought a Motion for Directions under s. 34(10.5) of the Planning Act, seeking a declaration that its zoning by-law amendment application was complete and that the City's requirements for additional studies were unreasonable.

The subject property contains a natural heritage system, including a creek and flood hazard.

The City and the Toronto and Region Conservation Authority required extensive studies to determine the developable area and assess natural hazards.

The Tribunal found that the City's requirements, as set out in its Official Plan, were reasonable and necessary given the site's conditions.

The motion was dismissed.

The appellant appealed the municipality's refusal of a site-specific zoning by-law amendment to permit a second-storey guest accommodation addition to an existing boathouse.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert land use planning evidence, the Tribunal found the proposed addition would have minimal visual and environmental impact, consistent with provincial and local planning policies.

The appeal was allowed in part, with the final order withheld pending site plan approval.

The City of Toronto adopted Official Plan Amendment No. 453 (OPA 453) to introduce policies regarding dwelling rooms, affordable housing, and tenant relocation.

Several parties appealed the amendment.

Prior to the hearing, the City and the University of Toronto reached a settlement, and the remaining appellants scoped their appeals to be site-specific.

Based on uncontroverted expert planning evidence, the Tribunal found that the amended OPA 453 is consistent with provincial policies and maintains the intent of the City's Official Plan.

The Tribunal approved OPA 453, except for two site-specific appeals which remain ongoing.

The appellants appealed the Town of The Blue Mountains' decision to zone a portion of their property as hazard lands.

Prior to the hearing, the parties reached a settlement and presented a revised Zoning By-law Amendment on consent.

Based on uncontroverted expert planning evidence, the Tribunal found the amendment consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeal was allowed in part to implement the settlement.

The applicant appealed the City of Burlington Committee of Adjustment's refusal to grant 18 minor variances to permit a 67-unit standard condominium townhouse development.

The variances related to density, building height, setbacks, parking, and landscaping.

The City supported the variances at the Tribunal.

The Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Regional Official Plan, and met the four tests under section 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variances.

The applicant appealed the Township of Wilmot's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Consent to sever an undeveloped parcel into two residential lots.

At the hearing, the parties presented a settlement agreement contingent on determining a drainage solution.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Region Official Plan, and Township Official Plan.

The Tribunal allowed the appeals and approved the applications, with the order withheld until a satisfactory drainage solution is confirmed.

A status hearing was held regarding an appeal of the Town of Bracebridge's refusal of a zoning by-law amendment application.

The parties advised the Tribunal that they were continuing to discuss a revised plan and requested a further status hearing to finalize an issues list and draft procedural order.

The Tribunal scheduled a second status hearing for December 13, 2021.

The Ontario Land Tribunal issued a procedural order to govern the upcoming video hearing regarding appeals by the Ancaster Village Heritage Community against the City of Hamilton's approval of an Official Plan Amendment, Zoning By-law Amendment, and consent applications for the property at 15 Church Street.

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

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an upcoming 14-day video hearing regarding appeals by Ashley Heritage Joint Venture and 840966 Ontario Ltd. The appeals relate to the City of Brampton's failure to make a decision on applications for a zoning by-law amendment and a proposed plan of subdivision to permit residential and commercial development.

The order establishes the issues list, order of evidence, and key filing dates for the parties.