OLT 2023

The Ontario Land Tribunal held a Case Management Conference in an arbitration to determine compensation under the Expropriations Act for the expropriation of fee simple interests and a temporary easement by Metrolinx.

The Tribunal established a Procedural Order and timeline, including scheduling a pre-discovery motion requested by the claimant and setting dates for documentary discovery, expert reports, and an eight-day hearing on the merits.

The parties were unable to reach an agreement on a draft Procedural Order and Issues List following a Case Management Conference.

The Ontario Land Tribunal issued a Procedural Order and Issues List to govern the procedures leading up to and including the 9-day video hearing scheduled to commence on October 17, 2023, regarding appeals of a proposed zoning by-law amendment and plan of subdivision for a three-building, 892-unit development.

The applicants appealed the denial of minor variances and consent applications, as well as objected to a heritage designation by-law concerning their property.

The Ontario Land Tribunal issued a procedural order setting out the organization of the hearing, requirements before the hearing, and the issues list for the upcoming video hearing.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The appellants appealed the Town of New Tecumseth's Development Charges By-law 2021-165 under section 14 of the Development Charges Act.

The parties reached a settlement proposing amendments to the schedules of the by-law.

Based on the uncontroverted expert evidence of a professional land economist and the consent of the parties, the Tribunal found the proposed adjustments to be reasonable, in the public interest, and in accordance with the Act.

The appeal was allowed in part to amend the by-law schedules.

The Agnew Lake Property Group requested costs of $27,215.37 against the appellants after their appeals of a zoning by-law amendment were dismissed.

The Property Group argued the appeals were frivolous, vexatious, and without merit.

The Tribunal denied the request, finding that while the appeals lacked land use planning grounds, the appellants' conduct during the proceeding was not unreasonable, frivolous, or vexatious, and they did not act in bad faith.

A case management conference was held to address procedural matters and set a hearing date for an arbitration under the Expropriations Act.

The Tribunal reviewed and approved a draft Procedural Order and Issues List submitted by the parties.

A five-day video hearing was scheduled for June 2024, and the Procedural Order was appended to govern all further pre-hearing requirements.

The Regional Municipality of York commenced an arbitration against Calgas Investments Limited to determine compensation for expropriated property interests.

At the first Case Management Conference, the Ontario Land Tribunal approved the parties' draft Procedural Order and scheduled a five-day hearing on the merits for March 2024.

The Tribunal also directed the parties to arrange a mediation assessment and pre-hearing conference.

The applicants appealed a Committee of Adjustment decision denying minor variances required to construct a new two-storey single detached dwelling on a waterfront property.

The requested variances sought relief for a reduced front yard setback and a reduced shore-side setback.

The Ontario Land Tribunal allowed the appeal, preferring the evidence of the applicants' planner and coastal engineer.

The Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as they maintained the general intent of the Official Plan and Zoning By-law, were desirable for the appropriate development of the land, and were minor in nature.

The variances were authorized subject to conditions, including adherence to a Shoreline Hazard Study.

The appellant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 45 The Esplanade.

The parties reached a settlement for a revised proposal consisting of a 39-storey tower with retail, hotel, and residential uses.

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 the City's 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 Tribunal held a Case Management Conference to address a joint request by the appellant and the City to adjourn a scheduled 10-day merits hearing.

The request was prompted by a late-filed appeal by the Bayview North Neighbourhood Association against the City's heritage designation by-law for the subject property.

The Tribunal reluctantly granted the adjournment to allow the appellant's motion to dismiss the heritage appeal to be heard first, scheduling the motion for a few days later.

The Toronto Region Conservation Authority was released from the proceeding following a settlement.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law amendment applications for a 39-storey tower.

The Tribunal approved the draft Procedural Order and Issues List and scheduled a seven-day video hearing to commence on May 15, 2024.

A Case Management Conference was held regarding an appeal by the applicant against the municipality's failure to make a decision on a Zoning By-law Amendment application for a 77-unit townhouse development.

The Tribunal granted participant status to two individuals on consent, approved the parties' draft Procedural Order, and scheduled a five-day video hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2513564 Ontario Ltd. against the Township of Springwater's failure to make a decision on applications for a Zoning By-law Amendment and Plan of Subdivision.

The Tribunal granted party status to the County of Simcoe on consent.

A revised Procedural Order was approved, and a five-day hearing on the merits was scheduled to commence on October 30, 2023.

At a Case Management Conference for appeals concerning a proposed mixed-use development with 35-storey and 55-storey towers, the Ontario Land Tribunal granted party status to five requesting entities on consent.

The Tribunal also scheduled a 15-day hearing on the merits to commence on September 23, 2024, and directed the parties to submit a final draft Procedural Order.

The applicant appealed the Committee of Adjustment's refusal of a minor variance to permit an existing non-conforming driveway width of 7 metres, whereas the zoning by-law permitted a maximum of 5.2 metres.

The applicant sought to maintain the widened driveway to accommodate two rental units.

The Tribunal found that the increased driveway width, which removed the majority of the landscape open space, was not minor in nature, was not desirable, and did not meet the general intent and purpose of the zoning by-law or the Official Plan.

The appeal was dismissed.

The appellant appealed the Municipality of Leamington's Zoning By-law No. 17-21 and Official Plan Amendment No. 8, which relate to minimum standards for boarding houses and farm worker dwellings.

At a case management conference, the Tribunal granted a consent order to consolidate the two appeals due to commonality and overlapping issues.

The Tribunal also set dates for a 15-day merit hearing and directed the parties to file a final procedural order and issues list.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by HJ Donegan Holdings Inc. for a proposed residential subdivision in North Perth.

The appeal was filed due to the municipality's failure to render a decision on zoning by-law amendment and plan of subdivision applications within the statutory timeframe.

The Tribunal granted party status to an abutting landowner, Erie Meats, on consent.

The Tribunal also approved the draft Procedural Order and scheduled a 14-day video hearing.

The Ontario Land Tribunal issued a procedural order following a case management conference regarding appeals by Eastway International Inc. against the City of Toronto's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment.

The applications seek to permit a residential development with 496 units.

The order sets out the procedural dates, issues list, and order of evidence for a 14-day video hearing scheduled to commence on February 20, 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Hamilton's approval of official plan and zoning by-law amendments to permit a residential development.

The Tribunal granted party status to the applicant without objection.

The City of Hamilton did not appear and indicated it would not participate in the proceedings.

The Tribunal scheduled a five-day video hearing and approved the procedural order and issues list.