OLT 2024

At a Case Management Conference regarding an appeal of a heritage designation by-law, the municipality requested that the matter be heard together with two other appeals concerning similar properties.

The Tribunal denied the request at this time because the other appellants had not yet been consulted.

The Tribunal adjourned the conference to allow the municipality to seek consent from the other appellants and recommended the municipality amend its request for Tribunal-assisted mediation to include this appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Queen Street Post Inc. against the City of Toronto's refusal to adopt an Official Plan Amendment, Zoning By-law Amendment, and heritage alteration permits for a 272-unit residential development.

The Tribunal granted participant status to two community groups and scheduled a 10-day merit hearing to commence on July 7, 2025.

The appellant appealed the City of Greater Sudbury's refusal of a Zoning By-law Amendment to permit a three-storey, 10-unit multiple dwelling.

At the first Case Management Conference, the Tribunal granted participant status to three individuals opposing the application.

The parties requested an adjournment to scope the issues list and engage in mediation.

The Tribunal adjourned the matter to a second Case Management Conference.

The appellant appealed the City of Burlington Committee of Adjustment's refusal of a minor variance application to permit an office use on the ground floor of a downtown building.

Prior to the hearing, the parties reached a settlement to revise the application to specifically permit a real estate brokerage office, subject to conditions ensuring an active store frontage.

The Tribunal accepted uncontested expert planning evidence that the revised variance satisfies the four tests under section 45(1) of the Planning Act, is consistent with provincial policies, and represents good planning.

The appeal was allowed and the revised minor variance was approved.

A first Case Management Conference was held regarding appeals of the Regional Municipality of York's decision to approve Official Plan Amendment No. 18.6 to the City of Richmond Hill's Official Plan.

The Tribunal confirmed the validity of one appeal filed by email on the final day of the statutory period.

The Tribunal granted participant status to a local resident and party status to several corporate entities.

A motion was scheduled to determine whether the Region properly provided the Notice of Decision to two entities seeking appellant status, considering legislative changes under Bill 23 and Bill 185 that shifted approval authority from the Region to the City.

A second Case Management Conference was scheduled to further refine the issues.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the appellant against the Director, Ministry of the Environment, Conservation and Parks.

The appellant appealed a condition in an amended Environmental Compliance Approval that imposed a more stringent leachate level for a landfilling site.

The Tribunal scheduled a seven-day hearing and directed the parties to file a procedural order.

This was the first Case Management Conference regarding appeals against the City of Cambridge's passing of Zoning By-Law Amendment No. 24-034, which permits a mixed-use development with three residential towers.

The Tribunal granted party status to the Region of Waterloo without opposition.

A second Case Management Conference was scheduled to allow for the pending appeal of a related Official Plan Amendment and to finalize the Procedural Order and Issues List.

A status hearing was held regarding appeals by 2820746 Ontario Corp. and Delbrook Group against the Township of Tay's development charge by-laws.

Delbrook Group withdrew its appeal following the hearing.

The Tribunal approved the draft Procedural Order and Issues List on consent of the remaining parties and scheduled a four-day video hearing.

The applicants appealed a Committee of Adjustment decision denying minor variances for an existing cabana, shed, and widened driveway.

The parties reached a settlement proposing to authorize the variances subject to conditions, including a hard landscaping exemption permit and driveway delineation.

Based on uncontroverted expert planning evidence, the Tribunal found the variances met the four tests under section 45(1) of the Planning Act and represented good planning.

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

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals brought by the applicant concerning the failure of the approval authorities to make decisions on applications for a zoning by-law amendment and draft plan of subdivision.

The applications propose a 94-unit residential subdivision.

The hearing is scheduled for five days commencing November 4, 2024.

The Ontario Land Tribunal issued an order amending the conditions of a previously approved site plan for a development at 4050 Yonge Street in Toronto.

Following the approval of minor variances by the City of Toronto Committee of Adjustment, the parties requested revisions to the site plan approval to reflect updated plans and drawings.

The Tribunal granted the request, replacing the previous list of approved plans and drawings, and withheld its final order pending the registration of a site plan amending agreement between the appellant and the City.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the City of Toronto's refusal of Official Plan, Zoning By-law, and Site Plan Amendment applications for a 50-storey residential building.

The Tribunal granted party status to Metrolinx and participant status to several local residents.

A further Case Management Conference was scheduled for October 23, 2024, with a draft Procedural Order and Issues List to be submitted prior.

At a Case Management Conference regarding an appeal of the County's refusal to amend a zoning by-law for a bulk water sales business on agricultural land, the Tribunal considered several status requests.

Participant status was granted to three area residents.

Requests for party status by the Langford Conservancy and a neighbouring farmer were refused, as their concerns were general public interest matters adequately represented by the County and participant statements; they were granted participant status instead.

A settlement hearing was scheduled.

The applicant appealed the County's failure to make a decision on its application for a Draft Plan of Subdivision for a 432-unit residential community.

The issues centered on the adequacy of proposed external servicing improvements, the safety and efficiency of the proposed road network (specifically an S-curve), and the proposed parkland dedication.

The Tribunal found that the applicant's proposed servicing improvements were adequate and did not require a complete replacement of external infrastructure.

The Tribunal also preferred the applicant's transportation evidence, finding the road network safe and efficient.

Finally, the Tribunal held that the parkland dedication had already been settled in a previous agreement.

The appeal was allowed, with final approval withheld pending draft conditions.

Following a successful claim for injurious affection where no land was taken, the claimant sought costs under section 32(1) of the Expropriations Act.

The respondent conceded liability for costs but disputed the reasonableness of several specific items, including costs for a change of counsel, prior counsel assessment, and various motions.

The Tribunal applied the principle that expropriation costs are awarded on a full indemnity basis subject to reasonableness.

The Tribunal disallowed costs related to the change of counsel and assessment, reduced costs for bill preparation and cost recovery, but allowed the majority of the disputed motion and consulting costs.

The respondent was ordered to pay $355,603.68 in costs plus $7,500 for the costs motion.

The appellant appealed the County of Prince Edward's by-law adopting the Wellington Heritage Conservation District Plan.

Following Tribunal-led mediation, the parties reached a settlement modifying site-specific policies and guidelines to better differentiate between newer and older commercial areas.

Based on uncontested expert heritage and planning evidence, the Tribunal found the modifications satisfied the Ontario Heritage Act, the Planning Act, and the Provincial Policy Statement.

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

The Ontario Land Tribunal issued a Procedural Order on consent to govern the upcoming 10-day hearing regarding appeals of the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications seek to permit a 34-storey residential building containing 390 dwelling units.

The Order establishes the issues list, order of evidence, and procedural deadlines leading up to the hearing scheduled to commence on May 5, 2025.

The appellant appealed the Township's passing of a zoning by-law that permitted a maximum of eight townhouse units, seeking to permit twelve stacked townhouse units.

Prior to the hearing, the parties reached a settlement to amend the zoning by-law to permit a maximum of ten stacked townhouse units.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement and in conformity with applicable official plans.

The appeal was allowed in part to implement the settlement.

At a Case Management Conference regarding appeals of an environmental compliance order concerning benzene emissions, three community members sought party status.

The Tribunal granted them party status under s. 145(1) of the Environmental Protection Act, finding their individual perspectives on health impacts would assist the adjudication.

The Tribunal also granted the appellant leave to amend its grounds for appeal in light of a new federal Interim Order and provincial regulation.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Ottawa's refusal of a zoning by-law amendment and conditions of draft plan of subdivision approval for a 72-lot residential subdivision.

The parties advised that a settlement had been reached on the zoning appeal.

The Tribunal granted participant status to two individuals, directed the parties to provide an updated procedural order, and scheduled a nine-day hearing on the merits for the subdivision appeal.