OLT 2023

A second Case Management Conference was held regarding a claim for compensation arising from the expropriation of a portion of the claimants' lands by the City of Windsor.

The parties submitted a draft hearing plan prior to the status hearing and confirmed they were content with it.

The Tribunal approved the hearing plan and confirmed the parties' readiness to proceed with the scheduled three-day video hearing.

The appellant appealed the municipality's enactment of a zoning by-law that updated the definition of 'Dwelling, Townhouse'.

Prior to the hearing, the parties reached a settlement that included a new definition and site-specific exceptions for the appellant's lands.

Based on uncontested expert land use planning evidence, the Tribunal found the settlement consistent with provincial policy and local official plans.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The applicant appealed the city's refusal of a zoning by-law amendment to facilitate a 6-unit townhouse development.

A third party appealed the approval of a related consent application.

At the case management conference, the tribunal considered the impact of the newly enacted More Homes Built Faster Act, 2022 (Bill 23).

The tribunal found that the third-party appellant did not meet the definition of a 'specified person' under the new legislation and the appeal was not scheduled prior to the transition date.

Consequently, the third-party consent appeal was dismissed.

The zoning by-law amendment appeal was adjourned to a second case management conference to allow the city council to reconsider the matter in light of Bill 23.

The applicant appealed the City of Toronto's refusal of a Zoning By-law Amendment application to permit a mixed-use development at 36-44 Eglinton Avenue West.

Following mediation, the parties reached a settlement for a revised 59-storey mixed-use building.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good land use planning.

The appeal was allowed in part, with the final order withheld pending the fulfillment of conditions.

At a Case Management Conference, the Tribunal considered appeals regarding an Official Plan Amendment and Zoning By-law for the Grimsby Beach Secondary Plan Area.

The Tribunal consolidated the comprehensive appeals with site-specific appeals for minor variance and site plan applications for the appellants' property.

On consent of the parties, the Tribunal approved a partial withdrawal of the comprehensive appeals, allowing the planning instruments to come into effect for the balance of the Town while preserving the appellants' site-specific appeals.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Eden Oak (Raglan) Inc. for a proposed residential subdivision in the Town of Collingwood.

The Tribunal granted participant status to seven individuals on consent of the parties.

A one-day video hearing was scheduled for February 21, 2023.

The appellant appealed the City of Mississauga's failure to make decisions regarding proposed Official Plan and Zoning By-law Amendments and a draft Plan of Subdivision to facilitate residential development and the retention of a heritage dwelling.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence supporting the proposed instruments.

The Tribunal found the proposed instruments consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable official plans, and representative of good planning.

The appeals were allowed in part, and the instruments were approved.

The claimant brought a claim under the Expropriations Act against the Regional Municipality of Halton.

Upon the request of the parties and receipt of a signed consent order, the Ontario Land Tribunal ordered that the claim submitted in the Notice of Arbitration and Statement of Claim be dismissed.