OLT 2022

The appellant appealed the County of Brant's failure to make decisions on applications for a zoning by-law amendment and draft plan of subdivision to permit a residential development.

At a case management conference, the Ontario Land Tribunal scheduled an 18-day video hearing and directed the parties to submit a revised procedural order.

The parties indicated ongoing settlement discussions and the potential for future Tribunal-assisted mediation.

The appellant appealed the City of Markham's approval of a Zoning By-law Amendment that permitted a six-storey office, retail, and industrial complex.

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

Based on uncontested expert planning evidence, the Tribunal found the revised amendment was consistent with provincial policies, conformed to the official plans, and represented good planning.

The appeal was allowed in part to approve the revised Zoning By-law Amendment.

The appellant appealed the City of Toronto's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit a mixed-use high-rise building.

Following an interim decision that approved the zoning by-law amendments in principle, the Tribunal issued a final order approving the final form of the zoning by-law amendments after all conditions were satisfied.

The official plan amendment was no longer required.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 15-storey residential building.

At the first Case Management Conference, the Tribunal granted party status to Delmanor Prince Edward Inc. and the Toronto and Region Conservation Authority on consent.

The Tribunal scheduled a further Case Management Conference to allow time for the City to review a newly submitted Official Plan Amendment and directed the parties to submit a draft Procedural Order and Issues List.

The appellant appealed under subsection 69(3) of the Planning Act to protest the levying of fees by the Committee of Adjustment.

At the second Case Management Conference, the appellant advised that the required variances had been granted and withdrew the appeal, concluding that the costs of a contested hearing would outweigh any potential fee refund.

The Tribunal closed the file.

The expropriating authority sought to expropriate portions of the owners' land to widen and upgrade a regional road, improving safety and stormwater management.

The owners requested a hearing of necessity but failed to appear.

The tribunal proceeded in their absence and heard engineering evidence from the expropriating authority demonstrating that the road location and design required the taking.

The tribunal concluded that the proposed expropriation was fair, sound, and reasonably necessary to achieve the authority's objectives, finding the taking reasonably defensible.

A Case Management Conference was held regarding appeals by the applicant against the municipality's failure to make decisions on official plan amendment, zoning by-law amendment, and site plan applications for a proposed 22-storey residential building.

The Tribunal granted party status to an abutting property owner on consent.

The Tribunal also scheduled a 10-day hearing to commence on July 10, 2023, scheduled a Telephone Case Conference for May 16, 2023, and approved a Procedural Order to govern the proceedings.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Cachet Developments and Losani Homes against two development charges by-laws passed by the City of Brantford.

The parties agreed to engage in informal mediation and requested additional time to finalize the issues list and discuss potential consolidation of the appeals.

The Tribunal scheduled a second Case Management Conference for August 30, 2022, to finalize the procedural order and set hearing dates.

The Ontario Land Tribunal issued its final order approving zoning by-law amendments for a mixed-use development at 815-845 Eglinton Avenue East in Toronto.

The Tribunal had previously allowed the appeals by the applicant regarding the City's failure to make decisions on official plan, zoning, and subdivision applications, but withheld its final order until the final form of the zoning by-laws was provided.

Upon receiving the finalized by-laws on consent of the parties, the Tribunal ordered the amendments to the former Borough of East York Zoning By-law and the City Wide Zoning By-law No. 569-2013.

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

The parties reached a settlement on a revised 11-storey proposal.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan.

The Tribunal allowed the appeal in part and approved the settlement in principle, withholding its final order pending the finalization of the zoning by-law and a Section 37 agreement.

The appellants appealed a Committee of Adjustment decision approving minor variances for a property in Mississauga, specifically contesting a reduced interior side yard setback of 1.91 metres.

The appellants argued the proposed two-storey dwelling was out of character for the neighbourhood and would create privacy and overlook issues.

The Tribunal preferred the applicant's planning evidence, finding that the neighbourhood character was changing, the design mitigated privacy concerns, and the variance met the four tests under section 45(1) of the Planning Act.

The appeal was dismissed and the variances were authorized.

The applicant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit two multi-storey hotel buildings.

Following a public hearing, the Ontario Land Tribunal allowed the appeal and ordered the amendment of Zoning By-law No. 569-2013 in a form satisfactory to the City.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by BET Realty Ltd. and 3420 Hurontario Street Inc. against the City of Mississauga's failure to render a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit two high-density residential apartment buildings.

The Tribunal scheduled a second Case Management Conference and set deadlines for the parties to finalize the Issues List and draft Procedural Order.

At a third Case Management Conference regarding appeals of the Township's failure to make decisions on zoning and subdivision applications, the Tribunal was advised that a settlement in principle had been reached between the statutory parties.

The Tribunal scheduled a further CMC, with directions that it be converted to a written hearing if a full settlement is finalized with the remaining parties.

The applicants appealed the Township's Committee of Adjustment decision denying a minor variance to allow the construction of a detached garage.

Prior to the hearing, the parties reached a settlement based on a revised application with a reduced garage size and increased side yard setback.

Relying on uncontested expert planning evidence, the Tribunal found the revised variances satisfied the four tests under s. 45(1) of the Planning Act and authorized the variances subject to conditions.

The appellant appealed the City of London's approval of Official Plan Amendments and a Zoning By-law Amendment to permit a residential development of 88 units.

Prior to the hearing, the parties reached a settlement and the appellant withdrew its appeals of the Official Plan Amendments.

The Tribunal accepted expert planning evidence that the proposed development, which includes a buffer for the adjacent Environmentally Sensitive Area, is consistent with the Provincial Policy Statement and conforms to the Official Plan.

The appeal of the Zoning By-law Amendment was allowed in part to implement the settlement.

The applicant appealed the City of Hamilton Committee of Adjustment's refusal of a minor variance application to permit tandem parking for a detached secondary dwelling unit.

The Tribunal found that the requested variance met the four tests under s. 45(1) of the Planning Act, noting support from City planning staff and Environment Hamilton, and that it would not result in unacceptable adverse impacts on neighbouring properties.

The appeal was allowed and the variance was authorized.

A Case Management Conference was held regarding appeals by the applicant for the city's failure to make a decision on official plan and zoning by-law amendment applications for a proposed mixed-use development.

The Tribunal granted party status to the conservation authority and a neighbourhood association on consent.

The parties were directed to submit a joint draft procedural order, and a 15-day hearing on the merits was scheduled to commence in July 2023.

The appellants brought a motion seeking approval of site-specific modifications to Official Plan Amendment No. 144 to facilitate mixed-use developments on St. Clair Avenue West.

The modifications updated compatibility and mitigation study requirements for residential uses near existing meat processing plants.

Based on the uncontested expert planning evidence and the settlement reached with the City of Toronto, the Tribunal approved the modifications.

This was the first Case Management Conference for appeals against an Official Plan Amendment and Zoning By-law Amendment to permit a residential development in South Huron.

The Tribunal granted participant status to several adjacent residents, noted the withdrawal of one appellant's appeal, scheduled a 10-day merits hearing for May 2023, and approved the Procedural Order to govern the proceedings.