OLT 2023

The applicant appealed the Town of Oakville's failure to make a decision on applications for a Zoning By-law amendment and draft Plan of Subdivision for a residential development.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted the uncontested expert planning evidence that the settlement represents good planning, conforms to the relevant official plans, and is consistent with the Provincial Policy Statement.

The appeals were allowed in part, the Zoning By-law was amended, and the draft Plan of Subdivision was approved subject to conditions.

The Tribunal convened a second Case Management Conference for an appeal against the City of Toronto's failure to make a decision on a Zoning By-law Amendment to permit a 12-storey residential building.

The Tenants Have No Rights Association (THNRA) was granted party status and submitted issues for the Procedural Order.

The Tribunal found it had no jurisdiction over THNRA's issues relating to tenant relocation and compensation under s. 111 of the City of Toronto Act, 2006, and excluded them from the Issues List.

The Tribunal approved the Procedural Order with amendments to include THNRA's issues regarding shadowing and privacy.

The responding parties appealed the site plan application fees levied by the moving party municipality, having paid a portion under protest.

Prior to the scheduled two-day hearing on the merits, the municipality brought a motion to adjourn.

On consent of the parties, the Tribunal granted the adjournment, converted the hearing event into a Case Management Conference, scheduled a new four-day hearing, and issued procedural directions for the exchange of materials and a hearing plan.

The Tribunal held a first Case Management Conference regarding appeals of the City of Toronto's Official Plan Amendment No. 573, which enacts Site and Area Specific Policy No. 772 for the Danforth Avenue Study Area.

Six entities requested and were granted non-appellant party status on consent.

The Tribunal directed the parties to seek instructions regarding Tribunal-led mediation and scheduled a second Case Management Conference to consider a draft Procedural Order or settlement.

The applicant appealed the City of Toronto's requirement for cash-in-lieu of parkland dedication fees for two new semi-detached laneway suites, arguing the appraised value was higher than market valuation.

At the first Case Management Conference, the parties advised they were engaged in settlement discussions but requested a hearing date out of an abundance of caution.

The Tribunal scheduled a two-day video hearing for July 2023 and directed the submission of a draft Procedural Order.

The appellants appealed the Township's refusal of a zoning by-law amendment application to permit an implement shed as a principal permitted use on their rural residential property.

Prior to the hearing, the parties reached a settlement proposing a revised amendment to permit two accessory buildings, including one for a home industry and storage.

Based on uncontroverted expert planning evidence, the Tribunal found the revised amendment consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good land use planning.

The appeal was allowed and the zoning by-law was amended accordingly.

A Case Management Conference was held regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law amendment applications for a mixed-use development.

The Toronto Region Conservation Authority and an adjacent landowner sought and were granted party status.

The Tribunal scheduled a 15-day video hearing and set deadlines for the submission of an updated Issues List and Procedural Order.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1376412 Ontario Ltd. (Zeina Homes) against the City of Hamilton's refusal of applications to amend the Zoning By-law and for a proposed Plan of Subdivision.

The applications seek to permit an 18-lot subdivision and a stormwater management facility block.

The procedural order sets out the organization of the hearing, requirements before the hearing, the parties and participants, the issues list, the order of evidence, and a summary of filing dates.

A Case Management Conference was held regarding a Hearing of Necessity requested by the claimant under the Expropriations Act.

The dispute involves the City of Toronto's intent to expropriate interests for the Bloor-Yonge subway station expansion, specifically concerning the relocation of a chiller.

The Tribunal established a procedural timetable for the exchange of the Notice of Grounds and responses, and scheduled a further Case Management Conference.

The applicant appealed the refusal of a minor variance application by the Township's Committee of Adjustment.

The variances were required to address zoning compliance for a proposed lot severance within a Heritage Overlay area.

The Township did not oppose the appeal.

Relying on uncontested expert planning evidence, the Tribunal found that the variances met the four-part test under s. 45(1) of the Planning Act, as they represented compatible infilling consistent with provincial policies and maintained the intent of the Official Plan and Zoning By-Law.

The appeal was allowed and the variances were authorized.

A first Case Management Conference was held regarding appeals by multiple developers against the City of London's adoption of six Official Plan Amendments constituting the Victoria Park Secondary Plan.

The Tribunal directed that the appeals be heard together pursuant to Rule 16, with the potential for full consolidation to be addressed at the next CMC.

The parties were directed to continue discussions on an Issues List and draft Procedural Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Infinity Development Group against the City of Burlington's failure to make a decision on Official Plan and Zoning By-law amendment applications for an 11-storey apartment building.

The Tribunal granted party status to the Region of Halton on consent.

The Tribunal also issued a Procedural Order and scheduled a 10-day hearing on the merits.

At a first Case Management Conference regarding appeals for a proposed 45-storey residential development, the applicant brought a motion to secure a Procedural Order and hearing dates.

The Tribunal dismissed the motion as unnecessary and a waste of resources, noting that the Tribunal is already mandated to schedule hearings and issue procedural orders under its rules.

The Tribunal proceeded to set dates for a final pre-hearing CMC and a five-day video hearing.

The applicant appealed the Town of Oakville's failure to make a decision on zoning by-law and draft plan of subdivision applications within the legislative timeframe.

At the first Case Management Conference, the Tribunal granted party status to the Region of Halton, Conservation Halton, Eaglewood Communities Inc., and Dennis Khanna.

The Tribunal scheduled a second Case Management Conference to consider a draft Procedural Order and Issues List, and directed that Eaglewood's related appeals be heard together with these proceedings.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the applicant against the municipality's refusal of a zoning by-law amendment application.

The application sought height exemptions to permit the construction of a four-storey dwelling and accessory structures.

The Tribunal granted participant status to a local association and scheduled a four-day hearing of the merits to commence on June 19, 2023.

A Procedural Order was issued to govern the hearing.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 19-storey mixed-use building.

Following a settlement hearing, the Ontario Land Tribunal considered affidavit evidence from a land use planner and found the revised proposal represented good planning.

The Tribunal allowed the appeal in part and approved the amendment to Zoning By-law 569-2013.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of draft plan of subdivision approval conditions.

The Township of Georgian Bay and the District of Muskoka requested and were granted party status without opposition.

The Tribunal directed the parties to file a draft Procedural Order and Issues List and scheduled a further Case Management Conference to allow time for settlement discussions and potential mediation.

The applicant appealed the Town of Midland's failure to make a decision on a site plan application for a 6-storey hotel and commercial uses.

At a settlement hearing, the Tribunal heard uncontested land use planning evidence that the proposed site plan represents good planning, subject to the approval of minor variances for height and loading spaces.

The Tribunal allowed the appeal in part and approved the site plan, withholding its final order until the minor variances are approved and a site plan agreement is executed.

The applicants appealed the failure of the Town of The Blue Mountains and the County of Grey to make decisions on applications for a Zoning By-law Amendment and Draft Plan of Subdivision.

The applications sought to increase the permitted residential units from 609 to 659 for a development on the subject lands.

The parties reached a settlement and presented revised plans and conditions.

The Tribunal allowed the appeals, finding that the proposed development is consistent with the Provincial Policy Statement, conforms to the applicable official plans, and represents good land use planning.

A second Case Management Conference was held regarding appeals of the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 28-storey mixed-use building.

The Tribunal granted Future Delight Investment Ltd.'s request to withdraw as a Party.

The Tribunal also approved the finalized Procedural Order and scheduled a 10-day video hearing on the merits.