OLT 2023

The Ontario Land Tribunal held a Case Management Conference regarding an appeal against the City of Toronto's refusal of a Zoning By-law Amendment application to permit a 61-storey mixed-use building.

The Tribunal granted party status to the ABC Residents Association/Greater Yorkville Ratepayer’s Association on consent.

The Tribunal also approved the Procedural Order and Issues List and scheduled a 10-day video hearing on the merits for April 2024.

The applicant appealed the City's failure to make a decision on its Official Plan Amendment and Zoning By-law Amendment applications to permit a residential development.

The parties reached a settlement for a revised development consisting of townhouses and apartment buildings.

The Tribunal approved the settlement in principle, finding that the revised development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the Official Plan, and represents good planning.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Curated North Inc. against the City of Markham's failure to decide on Official Plan and Zoning By-law Amendment applications for a 40-storey residential building.

The Tribunal granted party status to Canadian National Railway Company and Sunfield Homes Ltd., and participant status to a local residents' group.

Over the City's objections that a hearing would be premature pending an ongoing land use study, the Tribunal scheduled a 12-day merit hearing for September 2024 and a second CMC for January 2024, approving the Procedural Order and Issues List.

The Tribunal held a Case Management Conference regarding appeals by Airfield Developments Inc. and Airfield II Developments Inc. against the Town of Caledon's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The parties reported that private mediation is ongoing and requested more time to resolve or narrow the issues.

The Tribunal deferred requests for participant status from adjacent landowners and scheduled a further Case Management Conference for February 2024.

The applicant, as Estate Trustee for the Estate of Darlene June Stubbs, applied for a vesting order relating to several mining claims held by the deceased.

The applicant also requested an extension of time to perform and file assessment work on 10 of the claims.

The Tribunal granted the vesting order, directing that the deceased's interest in the claims be vested in the applicant.

The Tribunal also ordered the removal of 'Pending Proceedings' notations from the claims and extended the deadline for assessment work to December 31, 2024.

The appellant appealed the City's failure to make a decision on Zoning By-law Amendment and Site Plan Approval applications for a proposed 25-storey mixed-use building.

Prior to the hearing, the parties reached a settlement on a revised 22-storey proposal.

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

The Tribunal allowed the appeal in part and approved the revised Zoning By-law Amendment, while the Site Plan Approval appeal remains outstanding.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Lafarge Canada Inc. against a zoning by-law amendment approved by the Town of Collingwood.

The amendment facilitates a residential subdivision on lands adjacent to the appellant's concrete plant.

The Tribunal granted party status to the Simcoe County District School Board on consent.

As the parties were optimistic about reaching a settlement, the Tribunal scheduled a second Case Management Conference to either review a settlement or establish a procedural order and issues list.

This was the fifth Case Management Conference regarding appeals of the Town of Whitchurch-Stouffville's Official Plan Amendment No. 136, which the Region of York failed to approve.

The Tribunal heard updates on settlement discussions and potential motions to hear site-specific appeals together with the OPA appeals.

The Tribunal scheduled an 18-day merit hearing for August 2024 and directed the parties to file a draft Procedural Order and Issues List.

This was the first Case Management Conference regarding appeals by the appellants against the respondent's passing of Zoning By-law Amendments.

The Tribunal scheduled a written motion to determine whether the respondent had jurisdiction to pass the by-law, and deferred requests for party status until after the motion is decided.

The appeals by one of the appellants were subsequently withdrawn.

The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment that permitted a 48-storey mixed-use building.

The appellant argued that the by-law failed to establish appropriate setbacks from the adjacent highway corridor.

The Tribunal found that the required setbacks were under the exclusive jurisdiction of the Ministry of Transportation, and the appeal did not disclose any apparent land use planning ground upon which the Tribunal could allow the appeal.

The motion was granted and the appeal was dismissed without a hearing.

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 within the statutory timelines.

The applications seek to permit a 29-storey apartment building.

The Tribunal scheduled a second Case Management Conference and a nine-day hearing on the merits, and directed the parties to submit a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a second Case Management Conference regarding complex expropriation claims by Osmington (Union Station) Inc. and the City of Toronto against Metrolinx.

The Tribunal declined to set a hearing date, finding it premature as the parties had not yet agreed on the lands expropriated or finalized a Common Visual Evidence Book.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.

The Tribunal held a second Case Management Conference regarding complex expropriations of lands and air rights at Union Station.

The parties provided updates on Tribunal-led mediation, a draft Procedural Order, and a Common Visual Evidence Book.

Finding that the parties had not yet agreed on the lands expropriated and their areas, the Tribunal concluded it was premature to set a hearing date.

A third Case Management Conference was scheduled, and the parties were directed to file a revised draft Procedural Order.

The applicant appealed the Town Council's refusal of a zoning by-law amendment application to permit commercial activities in a residential garage.

The Ontario Land Tribunal held a Case Management Conference to organize the appeal.

The Tribunal found that notice was properly given, noted the absence of legal counsel for the Town, and scheduled a merit hearing for January 2024, along with procedural directions for witness lists and statements.

The Ontario Land Tribunal held a second Case Management Conference regarding a claim for compensation by 1255870 Ontario Limited against Metrolinx for the expropriation of lands in Toronto.

The parties indicated they participated in a mediation assessment and anticipate mediation in early 2024.

The Tribunal directed the parties to provide updates on the mediation outcome and provided case management directives.

The appellants appealed a Director's Order regarding sewage works at a decommissioned industrial site intended for redevelopment.

The parties reached a settlement on the appellants' motion for an interim stay.

The Tribunal ordered that specific items of the Director's Order be stayed pending the disposition of the appeal on its merits, while other items remain in effect, and scheduled a Case Management Conference.

The appellant appealed the Town of Gravenhurst's passage of a site-specific zoning by-law amendment that permitted the redevelopment of an abutting boathouse.

The amendment allowed for an increased lot coverage and a reduced front yard setback to facilitate the construction of an at-grade deck.

The appellant argued the amendment would facilitate an illegal roof-top patio use and lacked necessary municipal servicing.

The Tribunal dismissed the appeal, finding that the at-grade deck did not constitute a new use requiring municipal services, and that the amendment was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.

The Tribunal held a third Case Management Conference regarding appeals by the applicant for a zoning by-law amendment and draft plan of subdivision.

Following a settlement on the zoning appeal, the parties requested an adjournment of the merit hearing for the draft plan appeal to continue technical work.

The Tribunal scheduled a fourth Case Management Conference and a three-day merit hearing.

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 Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 35-storey mixed-use development.

The Tribunal granted party status to Metrolinx, Metro Ontario Real Estate Limited, and a residents' association, and participant status to several individuals and groups.

A second Case Management Conference was scheduled for March 2024, and a 15-day hearing was scheduled for November 2024.

The moving parties requested an adjournment of the merit hearing because the applicant circulated a revised proposal shortly before the hearing, allegedly in violation of the procedural order.

The Tribunal denied the motion for an adjournment, finding that any prejudice to the moving parties was mitigated by delaying the start of the hearing by three days and revising the exchange and filing dates, which the parties had largely agreed upon.