OLT 2023

The appellants appealed a City of Hamilton by-law designating a heritage conservation study area, which prevented them from obtaining building permits to demolish existing structures and construct a new detached dwelling on their property.

The parties reached a settlement to amend the by-law to exempt properties with complete building permit applications submitted prior to the by-law's passage, subject to design modifications for the new dwelling.

The Tribunal accepted uncontested expert planning evidence that the settlement was appropriate and the new design was sympathetic to the neighbourhood's character, allowing the appeal in part to amend the by-law.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit an infill development at 10 Ruddington Drive.

The parties reached a settlement that revised the proposal to a 13-storey apartment building and 24 townhouse units, while retaining the existing 13-storey rental building.

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

The appeal was allowed in part and the zoning by-law amendment was approved in principle, subject to the fulfillment of several conditions.

A case management conference was held regarding a claim for disturbance damages arising from the expropriation of a commercial tenancy by Metrolinx.

The Ontario Land Tribunal issued a procedural order on consent, scheduling a three-day video hearing for June 2024 and a further case management conference for January 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Losani Homes against the City of Hamilton for failing to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision.

The Tribunal finalized the Procedural Order and Issues List.

Adjacent property owners, who were previously granted Party status, agreed to change their status to Participants.

The Tribunal confirmed the five-day hearing will commence on November 20, 2023.

The municipality and the applicant brought a joint motion to dismiss an appeal of a Zoning By-law Amendment that permitted an eight-storey mixed-use building.

The subject lands were located within a Protected Major Transit Station Area.

The Tribunal found that the self-represented appellant failed to raise legitimate land use planning grounds and did not intend to call expert evidence.

Concluding that the appeal had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeal without a hearing.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1306497 Ontario Inc. concerning the City of Vaughan's failure to adopt a requested Official Plan Amendment and neglect to make a decision on a Zoning By-law Amendment.

The amendments seek to permit a transit-oriented development including residential towers, amenity, retail, and office space at 88 Steeles Avenue West.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, the issues list, and the order of evidence.

The Claimant sought compensation for the expropriation of her property by the City of Toronto.

The City expropriated the land to build a new childcare centre after selling its previous childcare site to Metrolinx for the Eglinton LRT project.

The Tribunal determined that the 'scheme' to be ignored for valuation purposes was the childcare centre, not the Eglinton LRT.

Finding the highest and best use to be an 8-storey mixed-use mid-rise development, the Tribunal awarded market value compensation of $4,326,350 based on a rate of $70 per square foot buildable.

A claim for disturbance damages was dismissed.

The appellant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a residential infill development at 500 Duplex Avenue.

Prior to the hearing, the parties reached a settlement that reduced the height and massing of the proposed buildings and included a public park dedication.

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

The appeal was allowed in part, and the amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions including rental housing demolition approval and infrastructure capacity confirmation.

The appellants appealed the City of London's adoption of the Masonville Secondary Plan.

The parties reached a settlement and proposed modifications to the Secondary Plan addressing parkland dedication, phased developments, and other site-specific matters for the appellants' commercial properties.

Based on the uncontested expert planning evidence, the Tribunal found the modifications consistent with the Provincial Policy Statement and in conformity with The London Plan.

The Tribunal approved the modifications on consent.

The applicant appealed the municipal Committee of Adjustment's refusal of consent and minor variance applications to create an infill lot.

At the hearing, the parties presented a settlement agreement.

Based on uncontroverted expert planning evidence, the Tribunal found the applications consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeal was allowed, provisional consent was granted subject to conditions, and the minor variances were authorized.

The appellant appealed the passage of a municipal development charges by-law, alleging deficiencies in the background study and a conflict of interest by a voting council member.

The Ontario Land Tribunal dismissed the appeal, finding that the appellant failed to provide the necessary expert evidence to challenge the background study and that the Tribunal lacked jurisdiction to adjudicate municipal conflict of interest allegations.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan application.

The Tribunal granted a request on consent to consolidate a related appeal.

Subsequently, the Tribunal was advised that the City accepted a settlement offer, leading to the release of merit hearing dates and the scheduling of a settlement hearing.

The appellant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit an 11-storey residential building.

At the first Case Management Conference, the parties requested additional time to finalize a Procedural Order or reach a settlement.

The Tribunal scheduled a second Case Management Conference for November 14, 2023.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City's failure to make decisions on Official Plan and Zoning By-law amendment applications for a 28-storey mixed-use building.

The Tribunal scheduled a 10-day video hearing and approved the Procedural Order.

The Tribunal noted that a community association party failed to submit an Issues List and is therefore precluded from raising new issues at the hearing.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment for properties in the City of Cambridge.

The Tribunal directed the parties to finalize the Procedural Order and Issues List, and scheduled a 25-day video hearing to commence in March 2024.

The appellants appealed the City of Toronto's failure to adopt requested Official Plan and Zoning By-law amendments to permit high-rise mixed-use developments at 399-415 Yonge Street.

Following Tribunal-led mediation, the parties reached a settlement endorsed by City Council.

The Tribunal allowed the appeals in part to give effect to the settlement, finding that the revised proposals, including traffic and servicing improvements, represented good planning.

The Tribunal held a Case Management Conference regarding appeals against the City of Toronto's approval of a zoning by-law amendment to permit a three-storey apartment building for affordable rental and supportive housing.

The Tribunal granted participant status to several individuals on consent and granted non-appellant party status to Voices of Willowdale Inc. A three-day video hearing was scheduled to consider the merits of the appeals, and a Procedural Order was approved to govern the proceedings.

The parties convened a Case Management Conference to determine whether the appellant's revised development plan sufficiently addressed the Tribunal's previous interim directions regarding heritage conservation.

The revised plan proposed relocating two heritage houses closer to the street to accommodate a new mixed-use building.

The Tribunal found that the revised plan creatively addressed the directions to conserve heritage while enabling suitable intensification, and ordered the parties to proceed with finalizing the plans.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 789 Don Mills Developments Inc. against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications.

The Tribunal granted party status to Donmeg Developments Limited and participant status to Toronto Standard Condominium Corporation 2818 on consent.

A second Case Management Conference was scheduled for November 15, 2023, to allow the City time to review revised plans and obtain instructions.

The applicant appealed the City of Ottawa's failure to make a decision on a Zoning By-law Amendment and Site Plan Application to permit a 26-storey mixed-use building.

The City opposed the development, arguing it did not conform to the Official Plan's height and density hierarchy and failed to provide appropriate transition to the adjacent low-rise neighbourhood.

The Tribunal found that the Official Plan does not contain an implicit height and density hierarchy, and that the proposed development provides suitable transition through setbacks, stepbacks, and building orientation without relying solely on angular plane analysis.

The Tribunal allowed the appeal of the Zoning By-law Amendment in part and deferred the Site Plan Approval appeal to allow the parties to reach an agreement.