OLT 2023

The appellant appealed the City of Hamilton's refusal to amend a zoning by-law to permit a 5-storey mixed-use building containing self-storage, retail, and commercial uses.

The City did not oppose the site-specific proposal.

Relying on uncontroverted expert planning evidence, the Tribunal found the proposed development compatible with surrounding uses, consistent with provincial policy, and appropriate for the site.

The Tribunal allowed the appeal in part and approved the amending by-law in principle, withholding its final order until the form of the instrument is finalized.

The parties requested on consent to amend several dates contained in a previously issued Procedural Order regarding an appeal of the Burlington New Official Plan.

The Tribunal granted the request and ordered the extension of deadlines for exchanging witness statements, filing the Agreed Statement of Facts, and filing the Joint Document Book.

The parties resolved all matters pertaining to compensation under the Expropriations Act, except for the amount of reasonable legal, appraisal, and other costs incurred by the claimant.

On consent, the Ontario Land Tribunal ordered that the determination of costs payable by the statutory authority to the claimant be referred to an assessment officer in accordance with subsection 32(1) of the Expropriations Act.

The Ontario Land Tribunal issued a Procedural Order to govern the proceedings for an appeal by the applicant regarding the respondent municipality's failure to adopt requested official plan and zoning by-law amendments, and a site plan application, to permit an 18-storey mixed-use building.

The hearing is scheduled to commence on August 14, 2023.

A Case Management Conference was held regarding 81 appeals against the City of Toronto's By-law No. 1111-2017, which designated the King-Spadina Heritage Conservation District.

The Tribunal approved the draft Procedural Order and scheduled a 25-day hearing on the merits to commence on January 15, 2024.

A further Case Management Conference was scheduled for September 13, 2023, to provide a status update.

At a second Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on an Official Plan Amendment application, the Tribunal substituted CF Sherway Tru Rec Inc. as a party and granted party status to Home Depot of Canada Inc. and Amexon Realty Inc. The Tribunal also scheduled a motion to determine whether to consolidate this appeal with the Sherway Gardens Appeal, and scheduled a third Case Management Conference.

The appellants appealed the City of Burlington's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mid-rise mixed-use building.

The parties reached a settlement for a revised 12-storey proposal.

Based on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policy, conforming to regional and local plans, and representing good planning.

The appeals were allowed in part to approve the settlement.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 14-storey mixed-use building.

The Tribunal heard uncontested expert evidence that the proposed development is appropriate, fits harmoniously with the existing context, and meets the intent of the applicable policy framework.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment, finding it represents good land use planning and is in the public interest.

The appellant appealed the City of Toronto's refusal of a minor variance application and failure to make a decision on a site plan application for an 8-storey mixed-use building.

Prior to the hearing, the appellant reached a settlement with the City and an abutting neighbour.

The Tribunal accepted uncontroverted expert planning evidence that the settlement proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Official Plan, and met the four-part test for minor variances under the Planning Act.

The Tribunal allowed the appeals in part, authorizing the variances and approving the site plan in principle, subject to conditions.

The applicants appealed the City of Markham Committee of Adjustment's decision to deny minor variances required to demolish an existing dwelling and construct a two-storey detached dwelling.

The requested variances related to building depth, height, and floor area ratio.

The Tribunal accepted the uncontested expert planning evidence that the proposed development was compatible with the revitalizing neighbourhood and met the four tests under s. 45(1) of 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 by Victoria Park Village Inc. against the City of Guelph's refusal to adopt an Official Plan Amendment and a Zoning By-law Amendment for a proposed high-density residential development.

The Tribunal consolidated the two appeals, approved the agreed-upon Procedural Order and Issues List, and scheduled a 10-day video hearing for August 2023.

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 10-storey residential building.

At the first Case Management Conference, the parties indicated that prospects for settlement were very good.

The Tribunal scheduled a second Case Management Conference for May 2023, which may be converted into a settlement hearing, and directed the parties to file a draft Procedural Order and Issues List if a settlement is not reached.

The applicant sought approval of revised draft plan of subdivision and draft plan conditions, and the issuance of the Phase 2 Order for a residential development in the Town of Milton.

The Tribunal had previously withheld the Phase 2 Order pending the satisfaction of certain conditions, including the registration of private agreements and a restriction on pre-sales until servicing allocation was secured.

Based on uncontested affidavit evidence from a land use planner confirming that these conditions had been met and that all parties consented to the revisions, the Tribunal approved the revised draft plan and conditions, issued the Phase 2 Order, and extended the lapsing date by three years.

The applicant appealed conditions of draft plan approval for a subdivision to facilitate a townhouse development.

The contentious conditions required the applicant to obtain concurrence from CN Railway for drainage alterations, enter into an agreement with CN, and grant CN an environmental easement.

The Tribunal accepted uncontradicted expert planning evidence that these conditions inappropriately delegated approval authority to a private company and were not reasonable land use planning matters.

The Tribunal ordered the removal of the contentious conditions and revised the clearance condition accordingly.

The applicant appealed the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law to permit an 11-storey residential building.

At the first Case Management Conference, the Ontario Land Tribunal granted party status to a local residents' association and abutting neighbours, and participant status to numerous individuals.

A second Case Management Conference was scheduled to finalize the issues list and procedural order.

The appellants appealed the Town of Huntsville's new Community Planning Permit By-law.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence supporting site-specific modifications for two golf course properties.

The Tribunal found the modifications conformed to the local Official Plans and were consistent with the Provincial Policy Statement.

The Tribunal approved the modifications and ordered the balance of the By-law into force, save for the lands of the remaining appellant.

The appellant appealed the passing of a zoning by-law by the City of Kawartha Lakes, arguing it did not provide adequate permissions for a religious educational centre and place of worship.

At the first Case Management Conference, the parties requested a four-day hearing be scheduled.

The Tribunal declined to schedule a hearing as no draft Procedural Order or Issues List had been submitted, and instead scheduled a further Case Management Conference.

The applicant appealed the city's refusal of Official Plan and Zoning By-law amendments for a proposed three-tower mixed-use development.

At the first Case Management Conference, the Tribunal considered status requests.

An unincorporated neighbourhood group's request for party status was opposed by the applicant and denied by the Tribunal, though its representative was granted participant status.

Two other individuals were granted participant status on consent.

A second Case Management Conference was scheduled to allow the municipal parties to obtain instructions following recent elections.

The Ontario Land Tribunal held a 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 high-density mixed-use development.

The Tribunal granted party status to the Region of York and a numbered company, and participant status to two other entities.

A second Case Management Conference was scheduled to allow the applicant to make a resubmission to the City and for the parties to prepare a draft procedural order and issues list.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the Town of Collingwood's Zoning By-law No. 2022-007, which restricts development unless adequate municipal water and wastewater services are available.

The Tribunal granted party status to four entities and participant status to one entity.

A nine-day video hearing was scheduled, and the Tribunal approved the finalized Procedural Order and Issues List submitted by the parties.