OLT 2022

The applicant appealed the City of Toronto's refusal of a Zoning By-law Amendment to permit a mixed-use development at 28 River Street and 550 Queen Street East.

The parties reached a settlement for an 18-storey mixed-use building incorporating a conserved heritage building.

The Tribunal accepted uncontested expert planning evidence that the proposal is consistent with provincial policy, conforms to the City's Official Plan and Downtown Plan, and represents good planning.

The appeal was allowed in part, with the final order withheld pending the execution of a Section 37 agreement and other conditions.

The applicant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit a 27-storey mixed-use building.

The Ontario Land Tribunal allowed the appeal and amended the zoning by-law, noting that the proposed amendment was in a final form and content satisfactory to the City.

The appellant appealed the City of Toronto's neglect to make a decision on a zoning by-law amendment application and objected to a heritage designation by-law for the property at 2 Valleyanna Drive.

The Tribunal accepted the expert evidence of a professional planner and a heritage planner.

The Tribunal allowed the appeals in part, amending the designation by-law and the zoning by-laws to permit a three-storey residential addition incorporating the existing heritage building, subject to conditions.

The applicant appealed the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-laws to permit a 27-storey mixed-use building.

The Tribunal previously allowed the appeals in part and approved the amendments in principle, withholding its final order until certain conditions were met.

Having received confirmation from the City Solicitor that all conditions, including Section 37 agreements and parkland dedications, were satisfied, the Tribunal issued its final order amending the Official Plan and Zoning By-law 569-2013.

The applicant appealed the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a 33-storey mixed-use tower.

Following a previous decision allowing the appeals, the Tribunal issued an order finalizing the amendments to the Official Plan and Zoning By-law, securing density incentives and Section 37 contributions.

The applicant appealed the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit a rental apartment building.

The Tribunal previously allowed the appeals in part and withheld its final order pending the satisfaction of certain conditions.

The parties advised the Tribunal that the conditions had been satisfied.

The Tribunal issued its final order amending the Zoning By-law, which included securing Section 37 contributions for capital improvements and laneway upgrades.

The appellant appealed the City of Hamilton's decision to impose a development charge of $924,705.00 for converting an industrial building into a self-storage facility.

The appellant argued that self-storage fell within the definition of 'Industrial Development' under the 2019 Development Charge By-law, which would have entitled it to a credit offsetting the entire charge.

The Tribunal found that the 2019 By-law, read in context with the underlying background study and North American Industry Classification System (NAICS) codes, intentionally excluded self-storage from the industrial rate.

The appeal was dismissed.

The appellants appealed the City of Toronto's Official Plan Amendment No. 343.

Following a settlement between the parties, the Ontario Land Tribunal heard uncontested expert land use planning evidence supporting a proposed 14-storey mixed-use development with affordable housing.

The Tribunal found the proposal consistent with provincial policies and the City's Official Plan, and ordered that Official Plan Amendment 343 be modified and approved in accordance with the settlement.

The applicant appealed the City of Toronto's neglect to enact a requested zoning by-law amendment to permit a mixed-use development.

Following a 2016 interim decision allowing the appeal in principle, the Tribunal withheld its final order pending the satisfaction of conditions, including a Section 37 agreement.

The parties advised the Tribunal that all conditions were met, and the Tribunal issued its final order approving the zoning by-law amendment.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for Official Plan and Zoning By-law amendments to permit a 30-storey residential building.

The Tribunal granted Party status on consent to the higher-tier municipality and three adjacent landowners.

A second Case Management Conference was scheduled to finalize a Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 25-storey mixed-use building.

The Tribunal previously allowed the appeal in part and approved the amendment in principle, withholding the final order until conditions were met.

The parties advised that all conditions, including a Section 37 agreement securing affordable rental housing and other community benefits, were satisfied.

The Tribunal issued the final order amending the zoning by-law.

The appellant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit two mixed-use tall buildings.

Following an interim decision approving the amendments in principle, the Ontario Land Tribunal issued its final order allowing the appeal and approving the final form of the zoning by-law amendment.

The City of London and the applicant brought a motion to dismiss the appellant's appeal of a London Plan amendment without a hearing.

The appellant had previously withdrawn his appeals of the related 1989 Official Plan amendment and zoning by-law amendment, which permitted the proposed 15-storey residential development.

The Tribunal found that because the development could now proceed as of right subject only to site plan approval, the remaining appeal of the London Plan amendment was moot and frivolous.

The motion was granted and the appeal was dismissed.

The appellants appealed the Niagara Escarpment Commission's approval of a development permit for the Bruce Trail Conservancy to construct or expand a parking area.

The appellants argued the application should be characterized as a new parking lot rather than an expansion for transparency reasons, but provided no evidence that the development failed to meet the criteria in the Niagara Escarpment Plan.

The Tribunal found that the same criteria applied regardless of the characterization and, absent evidence of conflict with the Plan, dismissed the appeals and confirmed the Commission's decision.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal regarding a zoning by-law amendment application for a 644-unit mixed-use development in the City of Toronto.

The order sets out the hearing dates, issues list, and procedural deadlines for the exchange of evidence and witness statements.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a 14-storey mixed-use building with affordable housing.

The parties reached a settlement, which was supported by uncontested expert land use planning evidence.

The Tribunal allowed the appeals in part, approving the amendments in principle, and issued its final order after being advised that the conditions of the settlement had been satisfied.

The appellant filed a request for review of an Ontario Land Tribunal decision that had previously disposed of their appeal regarding consent to sever and minor variances for a property in Hamilton.

The Alternate Chair determined that the request met the threshold under Rule 25.7 to warrant a review.

The Tribunal ordered that the previous decision and order issued on January 4, 2022, be set aside and rescinded, and directed that a re-hearing be convened.

The Tribunal held a Case Management Conference regarding multiple appeals of the Rural Hamilton Official Plan and the Urban Hamilton Official Plan.

The parties provided an update, noting that the City of Hamilton Council recently decided against an urban boundary expansion.

The Tribunal scheduled dates for a motion to dismiss, requests for party/participant status, a further Case Management Conference, and an eleven-week hearing commencing in January 2023.

A Procedural Order and Issues List were also approved.

The applicants appealed the Town of Newmarket's refusal of a zoning by-law amendment to permit three detached dwellings.

The Tribunal previously allowed the appeal in part, withholding its final order until a final draft of the amendment with a holding provision for a stormwater management plan was approved and provisional consent to sever was obtained.

Having been advised that these conditions were met, the Tribunal issued its final order amending the zoning by-law.

The applicants appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development at 301-319 King Street West.

The parties reached a settlement for a 50-storey building that integrates existing heritage facades.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good planning.

The appeal was allowed in part, and the zoning by-law was amended accordingly.