OLT 2023

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 tall building development.

The parties reached a settlement for a revised 80-storey tower with a 17-storey podium.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and representative of good planning.

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

The City of Cornwall sought to repeal a by-law designating a property on which Locomotive No. 17, a heritage artefact, was situated.

Various community members objected to the repeal.

The Ontario Land Tribunal found that while the locomotive is an important heritage artefact, the land itself has no cultural heritage value or interest, and the placement of the artefact on the land did not create such value.

The Tribunal recommended that the designating by-law be repealed.

The applicant appealed the City of Mississauga's failure to make a decision on applications for an Official Plan Amendment and a Zoning By-law Amendment to permit a 26-storey residential building.

At the first Case Management Conference, the Tribunal approved the draft Procedural Order and Issues List, and scheduled a 9-day video 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 and Zoning By-law Amendment applications for a 43-storey mixed-use development.

The Tribunal granted party status to a residents' association and participant status to three other entities.

A second Case Management Conference was scheduled to allow the City to receive instructions from City Council and for the parties to finalize a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant for a Zoning By-law Amendment due to the municipality's failure to make a decision within the statutory timeframe.

The Tribunal deferred a request for status from a neighbouring property owner to allow for preliminary discussions with the parties.

The Tribunal scheduled a second Case Management Conference and a 12-day hearing on the merits.

At a Case Management Conference regarding appeals of a zoning by-law amendment to permit a private school and daycare, the Pickering Islamic Centre requested party status.

The Tribunal granted the request on consent, noting the applicant is the entity most affected by the proceedings.

The Tribunal also scheduled a second Case Management Conference to finalize the procedural order and hear anticipated motions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of site plan and minor variance applications for a 3-storey commercial office building.

The parties reported that the minor variance issues were resolved and they were working towards a full settlement on the site plan.

The Tribunal scheduled a third Case Management Conference for January 2024 to facilitate a potential settlement hearing.

The Ontario Land Tribunal previously allowed an appeal in part regarding a zoning by-law amendment for a mixed-use development, withholding its final order until certain conditions were met.

Having been advised that the draft zoning by-law amendment was finalized and all conditions satisfied, the Tribunal issued its final order amending the City of Toronto Zoning By-law No. 569-2013.

The applicant appealed the Township's Committee of Adjustment's refusal of a minor variance application to permit an existing shipping container as an accessory structure on a residential property.

The container was cladded in wood to resemble a traditional shed.

The Tribunal found that the variance met the four-part test under s. 45(1) of the Planning Act, as it maintained the general intent of the Official Plan and Zoning By-law, was desirable for the appropriate use of the land, and was minor in nature.

The appeal was allowed and the variance was authorized subject to conditions.

The Tribunal held a Status Hearing regarding a claim for compensation under the Expropriations Act arising from the expropriation of a portion of plaza lands for a roundabout.

The Tribunal scheduled a Case Management Conference and a four-day Hearing on the Merits.

The applicant appealed the Town of Aurora's refusal of Zoning By-law Amendment and Site Plan Approval applications to facilitate a six-storey mixed-use apartment building.

Prior to the hearing, the parties reached a settlement on revised applications.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies, in conformity with applicable official plans, and representative of good planning.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal issued a procedural order to govern the proceedings leading up to a 9-day video hearing scheduled to commence on April 9, 2024.

The appeal concerns a Director's Order issued under the Environmental Protection Act requiring work to prevent, decrease, or eliminate an adverse effect from a contaminant.

The procedural order sets out deadlines for disclosure, witness lists, witness statements, expert meetings, and the filing of a hearing plan.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Town of Huntsville's decision on a Community Planning Permit application.

The applicant sought to construct a boat launch and recognize existing structures.

The Tribunal ruled that the appeal could not be split and must proceed as a trial de novo for the entire application.

The Tribunal also addressed status requests, denying party status but granting participant status to the Fox Lake Association and two individuals.

A two-day video hearing was scheduled and a Procedural Order was issued.

The appellants appealed the City of Richmond Hill's refusal to approve an Official Plan Amendment and Zoning By-law Amendment to permit a nine-storey, 242-unit retirement residence.

The Tribunal preferred the evidence of the appellants' planner and the original City planning staff report, finding that the proposed height and density increases were appropriate for the site, which is located on an intensification corridor.

The Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable official plans.

The appeal was allowed and the amendments were approved in principle.

The municipality requested an order to bring into force the unappealed parts of a zoning by-law amendment.

The appellant consented to the request.

The Ontario Land Tribunal ordered on its own motion under section 34(31) of the Planning Act that the unappealed sections of the by-law are deemed to have come into force on the date the by-law was passed.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its previous decision dated November 1, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Title of Proceeding was deleted and replaced with a revised version.

In all other respects, the original decision remains unchanged.

The applicant appealed the City of Ottawa Committee of Adjustment's denial of minor variances required to convert an existing triplex into a four-unit dwelling.

The variances related to soft landscaping, parking, setbacks, and driveway width.

The City did not appear at the hearing to oppose the appeal.

The Tribunal found that the proposed variances met the four tests under s. 45(1) of the Planning Act, noting that the proposal would utilize unused basement space without altering the building's exterior, and that city planning staff had ultimately concluded the variances met the general intent of the Official Plan and Zoning By-law.

The appeal was allowed and the variances were authorized.

The applicants appealed the City of Burlington's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a residential building.

Prior to the merits hearing, the parties reached a settlement for a revised 16-storey, 111-unit proposal.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part to approve the settlement.

The Municipality of North Grenville filed a Notice of Arbitration to determine compensation for a drainage easement expropriated from the claimants' property.

The claimants failed to respond to the Notice or attend the first Case Management Conference despite multiple attempts at service.

The Tribunal scheduled a hearing date to proceed with the determination of compensation and ordered the municipality to make reasonable efforts to personally serve the claimants with the decision and the appraisal report to be relied upon.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal from the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 49-storey mixed-use building.

The Tribunal granted party status to Metrolinx and participant status to a local resident and a residents' group.

The Tribunal approved the Procedural Order and Issues List, scheduled a 10-day hearing for September 2024, and scheduled a further Case Management Conference for January 2024.

A correction notice was subsequently issued to fix the date of the next Case Management Conference.