OLT 2023

The applicants appealed the Town of Oakville Committee of Adjustment's denial of minor variances required to construct a garage addition, a side and rear yard addition, and a new accessory pool house on a property containing a designated heritage dwelling.

Prior to the hearing, the parties reached a settlement on an amended application with slightly reduced variances for lot coverage and accessory building height.

The Tribunal accepted uncontested expert planning evidence that the amended proposal respects the heritage resource, is compatible with the neighbourhood, and meets the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the amended variances were approved subject to conditions.

The appellants appealed a Director's Order requiring stormwater management and soil and sediment remediation work at their property.

At a Case Management Conference, the parties requested a further 90-day adjournment to continue productive settlement discussions and expert meetings involving soil sampling and testing.

The Tribunal granted the adjournment, noting the progress made, and scheduled a further Case Management Conference to either set a settlement hearing or finalize a procedural order and issues list for a contested hearing.

The applicant appealed the City of Richmond Hill's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential development.

At the first Case Management Conference, the Tribunal granted participant status to one individual.

The parties advised that a Direction Report regarding the Richmond Hill Centre Secondary Plan would soon be before City Council.

To allow time for Council's decision and ongoing discussions, the Tribunal scheduled a second Case Management Conference for June 2023.

The applicant appealed the Committee of Adjustment's refusal of a minor variance to permit an increase in density from 240 to 254 units in an approved 27-storey apartment building.

The City of Burlington supported the application.

The Tribunal accepted the uncontested expert planning evidence that the variance met the four tests under the Planning Act, as it provided gentle intensification with no exterior changes to the building and no unacceptable adverse impacts.

The appeal was allowed and the variance authorized.

At a Case Management Conference, the Ontario Land Tribunal granted party status to the Wellington Place Neighbourhood Association on consent for an Official Plan Amendment appeal.

The Tribunal also allowed a motion on consent to hear an Ontario Heritage Act demolition appeal together with the related zoning, official plan, and fee appeals.

A revised Procedural Order and Issues List were approved to govern the upcoming ten-day hearing.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Niagara Escarpment Commission's conditional approval of a development permit application.

The application sought to subdivide a property into single-dwelling lots and townhouse blocks.

The Tribunal issued a Procedural Order, finalized the Issues List, and scheduled a four-day video hearing on the merits.

This was a first Case Management Conference regarding appeals of the City's failure to make decisions on official plan amendment, zoning by-law amendment, and draft plan of subdivision applications for a proposed mixed-use development.

The Tribunal granted party status to the Regional Municipality of Peel and Metrolinx, and participant status to two other entities on consent.

The Tribunal also determined it lacked jurisdiction under the Planning Act to consider recently acquired lands that were not part of the original applications.

Procedural directions and hearing dates were set.

A second Case Management Conference was held regarding appeals against the City of Kingston's refusal of Official Plan and Zoning By-law Amendment applications.

The Tribunal granted participant status to three individuals on consent.

The parties submitted a draft Procedural Order and agreed to schedule a five-week hearing on the merits commencing in January 2024.

The appellant appealed the Committee of Adjustment's refusal of minor variances required to facilitate the conversion of an existing detached garage into a garden suite and an extension to the existing dwelling for a second unit.

The appellant withdrew a variance for a second driveway.

The Tribunal, relying on the expert planning evidence of a City planner acting as a friend of the Tribunal, found that the remaining variances for side yard setback, rear yard setback, and lot coverage met the four tests under the Planning Act.

The appeal was allowed and the variances were authorized subject to conditions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals from the City of Brantford's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 16-storey mixed-use building.

The Tribunal granted party status to Canadian National Railway Company on consent.

The Tribunal directed the parties to finalize the Procedural Order and Issues List and scheduled a 9-day video hearing.

The applicant 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 development.

Prior to the hearing, the parties reached a settlement for a revised 11-storey building.

Based on uncontested expert 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 appeals were allowed in part, and the planning instruments were approved in principle, with the final order withheld pending the satisfaction of several conditions.

The Tribunal held a Case Management Conference regarding appeals of an Official Plan Amendment and Zoning By-law Amendment to facilitate a residential development.

The Tribunal granted party status to the applicant on consent.

The parties were directed to finalize a draft Procedural Order and Issues List, and a 13-day merit hearing was scheduled.

The Tribunal held a second Case Management Conference regarding an appeal of a Director's Order issued under the Environmental Protection Act.

The parties indicated an openness to mediation and submitted a draft Procedural Order and Issues List.

The Tribunal approved the Procedural Order with minor modifications and scheduled a five-day video hearing.

The appellant appealed the County's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision to permit a 306-unit residential subdivision.

At a case management conference, the Tribunal granted party status to four neighbouring developers and participant status to several individuals.

The Tribunal declined to set hearing dates due to the need for the parties to collaborate on an issues list and the County's intention to bring a motion regarding the appropriateness of setting dates while an interim control by-law is in effect.

A second case management conference was scheduled.

The County of Frontenac sought to expropriate 1.87 acres of the owner's land, comprising a former railbed, to develop a multi-use public trail.

The owner requested a hearing of necessity, challenging the width of the proposed taking.

The Ontario Land Tribunal found that the 21-metre width was reasonable and necessary to accommodate the various trail activities, clearance, and maintenance requirements outlined in the County's Trails Master Plan.

The Tribunal reported that the proposed taking was fair, sound, and reasonably necessary.

At a case management conference concerning an appeal of a zoning by-law regulating cannabis operations, the parties agreed to scope the appeal to apply only to the appellant's property.

Based on uncontested expert planning evidence, the Tribunal approved the by-law for all lands within the by-law area except for the appellant's property, on a without prejudice basis.

A procedural order was issued and a six-day hearing on the merits was scheduled.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 15-storey residential apartment building.

At the third Case Management Conference, the parties advised the Tribunal that productive settlement negotiations were underway and a settlement report might be presented to City Council.

The Tribunal scheduled a fourth Case Management Conference to proceed either as a settlement hearing or a hearing on the merits.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in a previous decision dated December 24, 2021.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal amended the Title of Proceedings and the Appearances List to correctly identify the appellant as 2772539 Ontario Inc. In all other respects, the original decision and order remained unchanged.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to facilitate a 38-unit residential development.

The Tribunal granted Party status to adjacent property owners and Participant status to another neighbour.

A second Case Management Conference and a five-day Merit Hearing were scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant from the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision for a mixed-use development.

The Tribunal granted party status to an adjacent property owner on a watching brief basis, approved the Procedural Order, and scheduled a 10-day merit hearing to commence on March 11, 2024.