OLT 2023

The Tribunal convened a Case Management Conference regarding a request by the applicant to determine the value of land for a cash-in-lieu of parkland condition.

The parties agreed to a revised Issues List proposed by the Town.

The Tribunal approved the Issues List, scheduled a three-day video hearing, and issued a Procedural Order to govern the proceedings.

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

The Tribunal noted scheduled hearing dates for two appeals, set a timeline for a written motion for party status regarding another appeal, and scheduled a further Case Management Conference to address updates and potential settlements for the remaining appeals.

The City of Toronto brought an uncontested motion for partial approval of Zoning By-law No. 607-2015, which amended the City's Comprehensive Zoning By-law.

The Tribunal found that the uncontested portions of the By-law were consistent with the Provincial Policy Statement and conformed to the Growth Plan and the City's Official Plan.

The Tribunal granted the partial approval, leaving specific site-specific exceptions under appeal.

Additionally, the Tribunal granted a consent request to reschedule the hearing of the site-specific appeals due to a scheduling conflict for counsel.

The Ontario Land Tribunal held a case management conference regarding an appeal of the City of Hamilton's Official Plan Amendment No. 17 UHOP by the appellant.

The parties resolved their differences regarding the order of witnesses and submitted a revised Procedural Order and Issues List.

The Tribunal issued the Procedural Order and scheduled a five-day video hearing on the merits.

This was the second Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment 131, which revises policies pertaining to height and urban design in the Lakeview Local Area Plan.

One appellant withdrew its appeals, while 1407 Lakeshore Developments Inc. maintained its site-specific and general appeals.

The Tribunal scheduled a third Case Management Conference for May 23, 2023, to receive further updates as the City continues to review the applications.

The Ontario Land Tribunal issued an amending decision to correct typographical errors in its January 10, 2023 decision.

The amendments corrected the appearances to include the Millcroft Greenspace Alliance as a party and corrected references to the Millcroft Greenspace Alliance in the body of the decision.

The Tribunal convened a Case Management Conference regarding appeals by 1571145 Ontario Limited and Jim Graham against the approval of an Official Plan Amendment and Zoning By-law Amendment by the County of Middlesex and the Municipality of Middlesex Centre.

The amendments would facilitate the development of two 5-storey apartment buildings.

The Tribunal directed that the appeals be heard together rather than consolidated, scheduled a five-day video hearing, and approved a Procedural Order and Issues List.

The Tribunal convened a Case Management Conference regarding appeals for a 79-storey mixed-use development after the City failed to make a decision on zoning and site plan applications.

Several neighbouring property owners and condominium corporations requested party status.

Finding that their presence was necessary to adjudicate the issues effectively and that there was no prejudice to the applicant, the Tribunal granted the requests.

The Tribunal also approved the Procedural Order to govern the upcoming merits hearing.

The applicants appealed the City of Toronto's failure to make a decision on their applications for Official Plan and Zoning By-law amendments to permit a 34-storey mixed-use building.

At a case management conference, the Tribunal scheduled a 10-day hearing on the merits to commence on February 5, 2024, and directed the parties to finalize a procedural order, which was appended to the decision.

The applicants appealed the Township's refusal of a zoning by-law amendment application intended to facilitate the creation of three new shoreline residential lots.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found that the proposed amendment, which includes mitigation measures to protect wetlands and deer wintering habitat, is consistent with the Provincial Policy Statement and conforms to the Township's Official Plan.

The appeal was allowed in part to approve the amended zoning by-law.

This was the first Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

The Tribunal granted party status to the City of Vaughan and several corporate entities, and participant status to two others.

A further Case Management Conference was scheduled for April 14, 2023, with directions for the parties to prepare a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by multiple developers against the City of Toronto's Community Benefits Charge By-law.

The Tribunal granted participant status to one individual, scheduled a second Case Management Conference, and directed the parties to provide their particularized issues for the Procedural Order.

The Tribunal held a Case Management Conference regarding an appeal by the applicant from the City's failure to make a decision on an Official Plan Amendment application.

The parties advised that City Staff will bring a report to City Council in March, and requested a second CMC be scheduled in May 2023 to either convert to a settlement hearing or schedule a hearing date.

The Tribunal scheduled the second CMC and determined no Procedural Order was required at this time.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 355 Adelaide Nominee Inc. against the City of Toronto's failure to make decisions on zoning by-law amendment and site plan approval applications for a 48-storey mixed-use building.

The Tribunal granted party status to DevGreat Inc. and participant status to several individuals on consent.

A second Case Management Conference was scheduled to address remaining procedural matters, including a deferred participant status request and the potential consolidation of the appeals.

The applicants appealed the City of Thorold's refusal of a minor variance application to reduce the minimum rear yard setback from 7.5 metres to 3.1 metres for a retained parcel following a consent to sever.

The Tribunal heard uncontested expert planning evidence that the variance recognized an existing dwelling location and met the four tests under s. 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variance, finding it represented good land use planning and was consistent with provincial and local policies.

The Tribunal issued an order on consent of the parties to amend several dates in the Procedural Order for appeals concerning a proposed official plan amendment and zoning by-law amendment to permit the development of two 5-storey apartment buildings.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant for non-decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision.

The Tribunal granted participant status to four entities.

On consent, the Tribunal consolidated these appeals with an existing appeal relating to a site and area specific policy.

The consolidated proceedings were held in abeyance to allow the parties to pursue private mediation and settlement discussions.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment and draft plan of subdivision, as well as the City's passage of a heritage designation by-law for the subject lands.

At a Case Management Conference, the Tribunal granted participant status to a condominium corporation on consent.

The Tribunal deferred a neighbourhood association's request for party status on the heritage appeal to allow for further information to be provided.

A further Case Management Conference was scheduled to address potential settlements, consolidation of the appeals, and procedural matters.

The applicant appealed the Township's Committee of Adjustment decision refusing minor variances to permit the expansion of an existing cottage on a waterfront property.

The parties reached a settlement prior to the hearing, agreeing to the variances subject to a landscape restoration plan.

Based on uncontroverted expert planning evidence, the Tribunal found the variances met the four tests under the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

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

The applicant appealed the Town of Huntsville's refusal of a zoning by-law amendment to permit a short-term rental accommodation (STRA) within an existing detached dwelling on a waterfront property.

The property is zoned Natural Resource and the dwelling is a legal non-conforming use located within a flood-prone area.

The Tribunal found that the STRA use does not amount to an intensification or material change in land use, but merely a variation of the existing residential use.

Relying on the uncontradicted expert planning evidence of the applicant, the Tribunal concluded that the application is consistent with the Provincial Policy Statement and conforms to the applicable official plans.

The appeal was allowed and the Town was directed to amend the zoning by-law.