OLT 2022

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on zoning by-law amendment and draft plan of subdivision applications for a mixed-use community.

The Tribunal granted party status to a residents' group and the school board, and participant status to 44 individuals.

A 14-day video hearing was scheduled for June 2023, and a Procedural Order was issued.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents an appropriate level of intensification for the site, which is located in an Urban Growth Centre.

The Tribunal allowed the appeals and approved the amendments in principle, subject to conditions including the provision of a 2.0-metre road widening dedication to the City to enhance the public realm.

The appellant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to allow a 6-storey addition to an existing 5-storey office building.

At the first Case Management Conference, an adjacent property owner requested party status due to concerns about snow and water runoff and development potential impacts.

The Tribunal deferred the party status request to allow the parties to engage in mediation and scheduled a second Case Management Conference for February 2023.

The applicant appealed the Township's refusal of a zoning by-law amendment application to permit six dwelling units within an existing detached dwelling.

At the first Case Management Conference, the Tribunal granted participant status to five local residents.

As the parties were unable to agree on an Issues List, the Tribunal scheduled a further Case Management Conference to identify the issues and set hearing dates.

The claimant brought a land compensation claim against the City of Barrie under section 26(b) of the Expropriations Act.

The parties requested an order on consent to dismiss the matter.

The Ontario Land Tribunal ordered the matter dismissed without costs to either party.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 14-storey rental building and a 10-storey condominium building.

At the first Case Management Conference, the Tribunal granted participant status to one individual.

The parties consented to Tribunal-led mediation, and a second Case Management Conference was scheduled for March 6, 2023.

The applicant appealed the City of Toronto's calculation of cash-in-lieu of parkland fees for a proposed 98-unit subdivision, having paid $2,183,123.21 under protest.

The core dispute is whether the fee evaluation should include serviced and/or unserviced lands.

During a telephone conference call, the parties advised they were exploring settlement opportunities.

The Tribunal directed the parties to provide a written status update within six months.

The Tribunal held a Case Management Conference regarding an appeal of the Township's refusal to amend a zoning by-law to permit shoreline residential zoning in an environmental constraint area.

The Tribunal granted participant status to ten individuals on consent.

The parties indicated a strong potential for settlement and requested a one-day hearing in the fall.

The Tribunal scheduled a one-day video hearing for October 25, 2022.

A Case Management Conference was held regarding appeals of the City of Pickering's Official Plan Amendment No. 40 and related Zoning By-law Amendments concerning infill and replacement housing.

The Tribunal noted the withdrawal of appeals by Centreville Homes.

The Tribunal approved a draft Procedural Order and Issues List on consent of the remaining parties and scheduled a 15-day video hearing to commence on July 17, 2023.

The applicant appealed the City of Toronto's failure to make a decision on applications for official plan and zoning by-law amendments to permit a 13-storey mixed-use building at 3100-3200 Bloor Street West and 4-8 Montgomery Road.

Following a public hearing, the Ontario Land Tribunal allowed the appeals in part, finding the proposed amendments were in a final form satisfactory to the City.

The Tribunal ordered the amendment of the City's Official Plan and applicable zoning by-laws, securing a $2,690,000 Section 37 community benefits contribution and other public realm improvements.

The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by Cadillac Fairview Corporation, CP REIT Ontario Properties, and BMO Assurance Company against the City of London's Proposed Official Plan Amendment No. OPA 745 (Masonville Secondary Plan Area).

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

The Ontario Land Tribunal issued an order amending the Procedural Order for an appeal concerning a proposed three-building, 1210-unit mixed-use development at 1325-1365 The Queensway in Toronto.

The amended Procedural Order governs the required procedures leading up to and including the 10-day hearing scheduled to commence on April 10, 2023, by videoconference.

The applicant appealed the City of Vaughan's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed residential development.

Prior to the hearing, the parties reached a settlement for a revised 6-storey apartment building containing 183 units.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and regional official plans, and appropriately protects natural heritage features.

The appeals were allowed in part to approve the modified planning instruments.

The Ontario Land Tribunal issued a final Order approving an Official Plan Amendment and Zoning By-law Amendment for a property in the City of Vaughan.

The Tribunal had previously approved a settlement in principle to permit a 6-storey mixed-use apartment building while retaining two heritage buildings.

Having been advised that all conditions of the settlement were met, including the execution of a Section 37 Agreement and Heritage Easement Agreements, the Tribunal allowed the appeals in part and amended the Official Plan and Zoning By-law accordingly.

The applicants appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 25-storey mixed-use development.

Prior to the hearing, the parties reached a settlement modifying the design to improve transition and landscaping.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with provincial policies and the municipal official plan, and allowed the appeal in part to approve the settlement.

The Ontario Land Tribunal held a first Case Management Conference regarding 46 appeals of the City of Toronto's Official Plan Amendment No. 536, which relates to development within the area of influence of rail facilities.

The Tribunal granted party status to seven entities, noted the withdrawal of two appeals in favour of party status, and established a procedural timeline for the submission of consolidated and site-specific issues lists.

A second Case Management Conference was scheduled for December 1, 2022.

Following a public settlement hearing in November 2019, the Tribunal previously allowed the appeal in part but withheld its final order pending the submission of a finalized official plan amendment.

The parties having resolved the outstanding items and provided the final draft to the satisfaction of the City, the Tribunal issued its final order approving Amendment 624 to the City of Toronto Official Plan, permitting a mixed-use development with up to 1,742 units and commercial space on the subject lands.

The Tribunal previously allowed the applicant's appeal in part and approved a zoning by-law amendment in principle to permit a second one-bedroom apartment in an accessory building, withholding its final order until certain conditions were met.

Having been advised by the City Solicitor that the conditions were satisfied, the Tribunal issued its final order amending City of Peterborough Zoning By-law 1997-123, subject to a holding symbol to be removed upon the execution of a site plan agreement.

The appellant appealed zoning by-law amendments that limited the aggregate number of bedrooms on low-density residential lots and restricted the height of detached additional residential units to that of other accessory structures.

The appellant argued these restrictions constituted 'people zoning' and conflicted with the Building Code Act.

The Tribunal dismissed the appeals, finding that the regulations were appropriate performance standards to manage intensity and built form, represented good planning, and were protected from appeal under s. 34(19.1) of the Planning Act.

The appellants appealed the City of Toronto's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Site Plan Approvals for two adjacent properties on Wilson Avenue.

The applications sought to permit a 10-storey mixed-use building and an 11-storey residential building.

The parties reached a settlement that included a shared driveway, improved transitions to the adjacent neighbourhood, and a coordinated naturalization plan.

The Tribunal accepted uncontested expert planning evidence that the revised proposals represent good planning and are consistent with provincial policies.

The appeals were allowed in part on an interim basis, with final orders withheld pending the satisfaction of conditions.