OLT 2023

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 44-storey mixed-use building within the statutory timeframe.

At the first Case Management Conference, the Tribunal granted party status to an adjacent property owner, 1501786 Ontario Limited, who raised concerns regarding height, massing, and setbacks.

The applicant advised that the application was being revised and resubmitted to the City.

A second Case Management Conference was scheduled.

The applicant appealed a condition of approval for a draft plan of subdivision imposed by the municipality.

The parties reached a settlement involving revisions to the proposed conditions and a minor change to the draft plan.

Based on uncontested expert planning evidence, the Tribunal found that the revised draft plan and conditions represented good planning, were consistent with provincial policies, and conformed to the applicable official plans.

The appeal was allowed in part to approve the revised draft plan subject to the agreed-upon conditions.

The appellant appealed the municipality's passing of a zoning by-law amendment relating to a proposed religious educational centre and place of worship.

At the second Case Management Conference, the parties presented a draft Procedural Order and indicated that ongoing discussions were positive.

The Tribunal approved the Procedural Order and scheduled a four-day video hearing to determine the merits of the appeal.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for a Zoning By-law Amendment and Site Plan Control to develop a private camp in the Town of Whitchurch-Stouffville.

The Tribunal granted party status to the Regional Municipality of York and participant status to two individuals.

A 10-day hearing on the merits was scheduled to commence on January 30, 2024, and a Procedural Order was approved to govern the proceedings.

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

The Tribunal granted participant status to a neighbouring property owner.

On consent of the parties, the Tribunal scheduled a second Case Management Conference and a nine-day hearing on the merits.

The Applicant, as sole Executrix and Trustee of the Estate of her deceased husband, applied for a vesting order under s. 74(2)(a) of the Mining Act to transfer his interests in various mining claims to her.

The Tribunal accepted the sworn evidence and supporting documentation, including the deceased's Last Will and Testament, without requiring a Certificate of Appointment of Estate Trustee.

The Tribunal granted the application and ordered the mining claims vested in the Applicant.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

The Tribunal granted party status to a new property owner, noted the withdrawal of one appeal, and scheduled a third Case Management Conference to allow the parties to finalize the draft Procedural Order and Issues List.

The Tribunal held a Case Management Conference regarding appeals by Menfor Dundas Developments Inc. against the City of Toronto's enactment of two zoning by-law amendments.

The parties reported ongoing private mediation regarding section 37 agreements and requested the scheduling of a hearing.

The Tribunal scheduled a second CMC and a three-day hearing on the merits, and issued a Procedural Order on consent to govern the proceedings.

The applicant appealed the City of Toronto's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 41-storey mixed-use building near the Kipling Transit Hub.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the 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 and approved the amendments in principle, withholding its final order until several conditions, including infrastructure and servicing requirements, are satisfied.

The applicant appealed the City of Hamilton's decision regarding the cash-in-lieu fee contribution for parkland under section 42(10) of the Planning Act.

At the first Case Management Conference, the Tribunal noted that no requests for party or participant status were received.

The parties presented a draft Procedural Order and Issues List, which were finalized with the Tribunal's assistance.

The Tribunal scheduled a two-day video hearing to resolve the appeal.

At a Case Management Conference regarding appeals for a site-specific Official Plan amendment and Zoning By-law amendment to permit an 11-storey mixed-use building, the Ontario Land Tribunal granted Party status to the Regional Municipality of Durham and Participant status to a local resident on consent.

The Tribunal scheduled a 10-day hearing on the merits and directed the parties to finalize a Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to adopt a requested official plan amendment and neglect to make a decision on a zoning by-law amendment to permit an 11-storey residential building.

The Ontario Land Tribunal issued a procedural order to govern the required procedure leading up to and including the hearing scheduled to commence on December 6, 2023.

The applicant appealed the City of Ottawa Committee of Adjustment's refusal of minor variances required to convert an existing three-unit dwelling into a four-unit low-rise apartment.

The variances related to rear yard setback, rear yard area, interior side yard setbacks, front façade recess, and garbage container pathway.

The Tribunal accepted the uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act, being minor in nature, desirable for the appropriate development of the land, and maintaining the general intent and purpose of the Official Plan and Zoning By-law.

The appeal was allowed and the variances were authorized.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law amendment applications for a proposed 10-storey mixed-use building.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the revised proposal, which included height reductions and increased setbacks, was consistent with the Provincial Policy Statement and conformed to the Growth Plan and Official Plan.

The Tribunal allowed the appeal in part on an interim basis, withholding its final order pending the satisfaction of several conditions including the finalization of the amending instruments.

At a case management conference, the Tribunal addressed the parties' failure to comply with a prior order to submit a Procedural Order and Issues List.

The parties had reached a last-minute settlement and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing, granted Metrolinx party status on consent, and admonished the parties for their non-compliance with case management directives.

The appellant appealed the municipality's refusal of a Zoning By-law Amendment to permit an outside take-out canteen on her residential property.

The municipality refused the application due to road safety concerns and a lack of off-street parking at a busy intersection.

The Tribunal accepted uncontested expert land use planning evidence that the proposed amendment was inconsistent with the Provincial Policy Statement, did not conform to the Official Plan, and did not meet the intent of the Comprehensive By-law.

The appeal was dismissed.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant for the Town of Caledon's failure to make a decision on a zoning by-law amendment application within the prescribed time.

The application seeks to permit an industrial and warehousing facility.

The Tribunal granted conditional party status to the Region of Peel to monitor servicing issues, and participant status to a nearby resident.

A three-day video hearing was scheduled and a Procedural Order was approved.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use redevelopment in the City of Mississauga.

The appeals were brought due to the City's failure to make a decision within the legislated timeframe.

The Tribunal granted participant status to one entity and party status to three entities, including a neighbouring business, a landowners association, and the Region of Peel.

Over the objections of the City and other parties who argued it was premature, the Tribunal scheduled a second Case Management Conference and a nine-day hearing on the merits to ensure a fair, just, and expeditious resolution.

The appellant appealed the City of Sarnia Committee of Adjustment's refusal of a minor variance to permit a maximum height of 13 metres for two proposed four-storey apartment buildings on the former Sarnia General Hospital lands.

The Tribunal accepted the uncontested expert planning evidence that the variance met the four tests under s. 45(1) of the Planning Act, noting the site's previous use included buildings up to six storeys.

The appeal was allowed and the variance was authorized.

The parties requested an adjournment at the commencement of a two-day merit hearing concerning a minor variance appeal, indicating that a settlement was imminent but required further due diligence.

The Tribunal granted the adjournment, noting the complexity of the case, and scheduled a new two-day merit hearing out of an abundance of caution in case the settlement does not fully materialize.