OLT 2023

This was the first Case Management Conference for appeals by the applicant against the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision.

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

A 10-day hearing was scheduled for July 2024, and the parties were directed to submit a finalized Procedural Order and Issues List by November 2023.

A Case Management Conference was held regarding an appeal under s. 34(11) of the Planning Act for the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 40-storey mixed-use tower.

The Tribunal granted party status to the co-applicant, 181 Eglinton Ave.

East, and participant status to the Toronto Lands Corporation and the South Eglinton Davisville Residents Association.

A nine-day hearing was scheduled to commence on February 12, 2024, and the parties were directed to submit a draft Procedural Order and Issues List.

This was the second Case Management Conference regarding appeals by Agricola Finnish Lutheran Church from the City of Toronto's failure to make a decision on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications for a 12-storey mixed-use building.

The Tribunal granted party status to the Townhomes of Hogg’s Hollow Community Association and participant status to a local resident.

A 10-day video hearing was scheduled to commence on November 15, 2023, and the Tribunal approved the Procedural Order and Issues List to govern the proceedings.

The applicants withdrew their consent and minor variance applications shortly before a scheduled Ontario Land Tribunal hearing.

The appellants, who had appealed the Committee of Adjustment's approval of the applications, brought a motion for costs, arguing the late withdrawal was unreasonable and caused them to incur unnecessary expenses.

The Tribunal dismissed the motion, finding that the withdrawal did not constitute clearly unreasonable, frivolous, vexatious, or bad faith conduct, and that the appellants achieved their desired outcome without the expense of a full hearing.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit seven 3-storey townhomes.

Following a public hearing and a previous decision withholding the final order pending conditions, the Ontario Land Tribunal issued its final order approving the site-specific zoning by-law amendment.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the appellant against the respondent's Town-wide Development Charges By-law No. 2022.068.

The parties agreed on a timeline to move the appeal to a hearing on the merits.

The Tribunal directed the appellant to provide a draft Issues List and scheduled a second Case Management Conference to consider a final draft Procedural Order.

The applicant appealed the City of Toronto's failure to make decisions on an Official Plan Amendment and Zoning By-law Amendment to permit the redevelopment of the subject site with two 11-storey residential buildings.

The parties reached a settlement and presented revised amendments to the Tribunal.

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

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order until several conditions are satisfied.

This was the second Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use redevelopment.

The parties disputed the wording of three issues on the Draft Procedural Order and Issues List concerning noise mitigation and Class 4 designation.

The Tribunal amended one issue to remain within its jurisdictional limits and directed the parties to continue discussions on the remaining two issues.

The Tribunal also approved the final Procedural Order and acknowledged the municipality's retention of outside counsel to ensure the expeditious resolution of the matter.

The applicant appealed the Town's failure to make a decision on a Zoning By-law Amendment application to permit a residential plan of subdivision with a maximum of 655 dwelling units.

The Town argued that the amendment should include provisions for affordable housing by limiting the size of certain units.

The Tribunal found that the Town's Official Plan did not yet contain the requisite policies to compel the provision of affordable housing on a site-specific basis.

The Tribunal allowed the appeal, approving the zoning by-law amendment and modifying the conditions of draft plan approval to reflect the increased density, finding it represented good land use planning and would not negatively impact adjacent wetlands.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendments, and a Draft Plan of Subdivision to facilitate a mixed-use complete community.

Prior to the hearing, the applicant reached settlements with the City and the Niagara Escarpment Commission, resolving concerns regarding density, visual impacts on the escarpment, and the relocation of an isolated wetland.

The Tribunal accepted the uncontested planning evidence that the revised instruments were consistent with provincial policies and conformed to applicable plans, allowing the appeals and approving the instruments.

The Tribunal convened a Case Management Conference regarding appeals by Solmar (Niagara 2) Inc. against the Town of Niagara-on-the-Lake's failure to make decisions on planning applications for a residential subdivision on the Rand Estate.

The Tribunal granted participant status to the Niagara Parks Commission and abutting property owners on consent.

The Tribunal deferred a request to consolidate the planning appeals with newly filed heritage appeals until the latter are properly before the Tribunal.

Finally, the Tribunal denied a request by Save Our Rand Estate to hold the eight-week merit hearing in person, finding that a video hearing offers the best opportunity for a fair, just, expeditious, and cost-effective resolution.

The appellant appealed the City of Vaughan's failure to make a decision on official plan and zoning by-law amendment applications for a high-density mixed-use development.

Prior to the scheduled hearing, the appellant entered into an agreement to sell the subject property to a newly added party.

Consequently, the Tribunal converted the hearing into a Case Management Conference, released the scheduled hearing dates, and scheduled a further Case Management Conference to allow the new purchaser and the City to engage in settlement discussions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the Ontario Greenhouse Vegetable Growers against 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.

The Tribunal ordered the consolidation of the two appeals on consent of the parties.

A 15-day merit hearing was scheduled to commence on April 15, 2024, by video.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 60-unit residential development.

The Tribunal granted party status to an adjacent landowner and a residents' association, and participant status to several individuals.

A second CMC and a three-day hearing were scheduled to allow for ongoing settlement discussions between the parties.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Fieldgate Urban against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law for a mixed-use development.

During the conference, 8104476 Canada Inc. requested and was granted party status without objection, as it owns adjacent lands and has a direct interest in the proposed shared public road.

The parties confirmed no settlement had been reached.

The Tribunal scheduled a 15-day hearing on the merits to commence on February 26, 2024.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment and make a decision on a Zoning By-law Amendment to permit an 11-storey mixed-use development incorporating heritage facades.

The City opposed the development, arguing it represented overdevelopment and failed to fit the planned context of a 6-storey maximum height.

The Tribunal preferred the applicant's expert evidence, finding the proposal's design, setbacks, and stepbacks appropriate for the deep corner lot.

The appeals were allowed in part on an interim basis, approving the amendments in principle subject to final conditions.

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment and make a decision on a Zoning By-law Amendment to permit an 11-storey mixed-use development incorporating heritage facades.

The City opposed the development, arguing it represented overdevelopment and failed to fit the planned context of a 6-storey maximum height.

The Tribunal preferred the applicant's expert evidence, finding the proposal's design, setbacks, and stepbacks appropriate for the deep corner lot.

The Tribunal allowed the appeals in part, approving the amendments in principle subject to the satisfaction of pre-requisite conditions.

The applicant sought minor variances to permit the construction of a two-storey detached dwelling, which were approved by the Committee of Adjustment.

The adjacent neighbour appealed the decision, arguing the proposed massing would negatively impact the streetscape, natural light, and privacy.

The Tribunal dismissed the appeal, accepting uncontroverted expert planning evidence that the variances maintain the general intent of the Official Plan and Zoning By-law, are desirable for the appropriate development of the land, and are minor in nature due to architectural mitigation measures.

A Case Management Conference was held regarding the remaining appeals to the City of London's 2016 Official Plan.

Appeal 29 was withdrawn prior to the hearing.

Appeal 20 was dismissed as the current owner failed to respond to a previous Tribunal Order and did not attend.

The Tribunal granted the parties additional time to continue resolution discussions for the remaining site-specific appeals and scheduled a further Case Management Conference for February 2024.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of parts of a golf course for residential units.

Following Case Management Conferences, the parties submitted a draft Procedural Order on consent.

The Ontario Land Tribunal issued the Procedural Order, which established the issues list, hearing dates, and procedural deadlines for the upcoming 19-day hearing.