OLT 2024

The applicant appealed the Town of Caledon Committee of Adjustment's denial of a minor variance to permit the construction of a single-detached dwelling on a property zoned for an accessory dwelling.

Prior to the hearing, the parties reached a settlement agreement supporting the variance subject to conditions.

Based on uncontested expert planning evidence, the Tribunal found that the proposal met the four tests for a minor variance under the Planning Act and authorized the variance subject to the agreed-upon conditions.

The Tribunal held a second Case Management Conference regarding an appeal of the City's failure to make a decision on a Zoning By-law Amendment application.

The Tribunal considered a request for party status from an individual.

Finding that the individual had not fulfilled the obligations set out in the first CMC, including scoping issues and presenting a case plan, the Tribunal denied party status and confirmed participant status instead.

The Tribunal also scheduled a five-day merit hearing.

The appellant appealed the City of Mississauga Committee of Adjustment's decision denying a minor variance to allow a Transitional Housing use on a property zoned for detached dwellings.

The appellant intended to operate a Group Home, which is permitted as of right, but the City advised the proposed use was Transitional Housing.

At the hearing, the City supported the application.

The Tribunal accepted the uncontroverted expert planning evidence that the variance met the four tests under s. 45(1) of the Planning Act and authorized the variance.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in its previous decision dated April 24, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, paragraph 6 of the original decision was deleted and replaced to accurately reflect the proposed implementation of a settlement regarding Official Plan Amendment No. 231, including redesignation of the subject site and specific zoning by-law amendments.

The parties attended a Case Management Conference regarding appeals from the City of Hamilton's non-decision on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications for a 630-unit residential development.

A previously scheduled settlement hearing was delayed due to a cyber security attack on the City.

The parties requested additional time for document review and sought to schedule a new half-day settlement hearing.

The Tribunal granted the request and scheduled the settlement hearing for May 27, 2024.

The applicants appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a 16-storey mixed-use building.

Prior to the hearing, the parties reached a settlement based on a revised proposal that incorporated an adjacent property and modified the building's built form.

Relying on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the Official Plan.

The Tribunal allowed the appeal in part, approving the amendment in principle, and withheld its final order pending the satisfaction of technical conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the City's failure to make a decision on a Zoning By-law Amendment application within the statutory timeframe.

The application seeks to permit a 35-storey residential building.

The Tribunal granted Participant status to several individuals and entities, directed the parties to file a Draft Procedural Order, and scheduled a second Case Management Conference.

The applicants appealed the City of Toronto's non-decision regarding a zoning by-law amendment to permit a mixed-use tower.

The parties reached a settlement for a revised 46-storey tower that retains and highlights existing heritage features.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with provincial policies and conforms to the City's Official Plan.

The appeal was allowed in part on an interim basis, with final approval withheld pending the satisfaction of several conditions.

The applicant brought a motion in writing to vary the schedules attached to a 2021 Tribunal order that approved a draft plan of subdivision and zoning by-law amendment.

Based on the uncontested expert land use planning evidence, the Tribunal found that the revised schedules were consistent with provincial policies, conformed to the applicable official plans, and represented good planning.

The Tribunal granted the review request and replaced the original schedules with the revised versions.

The Tribunal issued an amending decision to correct a technical error in the appearances list of its May 6, 2024 decision.

The amendment added the applicant and its counsel to the list of parties and representatives.

The Ontario Land Tribunal held a first Case Management Conference regarding various appeals of the City of Brampton's Official Plan Amendment for interim policies of Major Transit Station Areas.

The parties requested a second CMC to allow time to narrow the Issues List and prepare a draft Procedural Order.

The Tribunal scheduled a second CMC for May 30, 2024, to proceed by video.

The appellant appealed the Town of Caledon's Official Plan Amendment 270, which created a process for assessing Ministerial Zoning Order and Community Infrastructure and Housing Accelerator requests.

At the first Case Management Conference, the parties requested an adjournment to a second CMC because pending provincial legislation (Bill 185) and a newly adopted Town Official Plan could affect the appeal.

The Tribunal granted the request and scheduled a second CMC.

The Ontario Land Tribunal issued a Procedural Order to govern the proceedings for appeals brought by 115 Bridgeport Inc. and 1648386 Ontario Ltd. against the City of Waterloo's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment.

The applications seek to permit a mixed-use residential and commercial development.

The order sets out the issues list, order of evidence, and filing dates leading up to a 14-day video hearing scheduled to commence on March 17, 2025.

At a Case Management Conference for an appeal regarding a proposed plan of subdivision, the Tribunal addressed competing motions from the appellant and the Mohawks of the Bay of Quinte (MBQ).

MBQ raised a jurisdictional challenge based on an ongoing federal land claim encompassing the subject property.

The Tribunal converted the scheduled motion date to a CMC and ordered that MBQ's jurisdictional motion be heard first, as it forms the foundation of the appeal, with the appellant's motion to be scheduled subsequently.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals from the City of Toronto's failure to make decisions on a Zoning By-law Amendment and Site Plan Application for a 23-storey mixed-use building.

The Tribunal granted party status to the Draper Street Residents Association Inc. and participant status to a local resident.

The Tribunal also scheduled a third Case Management Conference and a nine-day merit hearing for March 2025, and approved the updated draft Procedural Order and Issues List on consent of the parties.

The claimant brought a motion to compel the respondent to adhere to the Procedural Order and to amend the hearing date due to the respondent's delay in an expropriation compensation proceeding.

The respondent did not file responding materials and agreed to the requested relief, except for mandatory mediation.

The Tribunal vacated the original hearing date, scheduled a new five-day hearing for June 2025, and issued an amended Procedural Order.

The Tribunal declined to order mandatory mediation but forwarded the claimant's request to the OLT Mediation group.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Barrie's Development Charges By-law 2023-74.

The parties reached an agreement on the terms of a Procedural Order and Issues List.

The Tribunal issued the Procedural Order on consent, setting a four-week hearing on the merits to commence in September 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by two landowners against the City of Richmond Hill's passing of the Richmond Hill Centre Secondary Plan (OPA 41).

The parties reported ongoing settlement discussions and requested that the scheduling of a procedural order and issues list be deferred until after the City brings a motion to dismiss parts of one appeal and to bring unappealed parts of the plan into effect.

The Tribunal scheduled a one-day motion hearing for June 19, 2024, and a second Case Management Conference for December 9, 2024.

The City of Vaughan brought a motion for directions to approve three settlements (one partial, two full) resolving appeals to its new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The appeals related to the failure of the new by-laws to carry forward previous site-specific approvals.

The Tribunal accepted uncontested planning evidence that the proposed amendments to implement the settlements represent good planning.

The Tribunal allowed the appeals in part to amend the by-laws accordingly.

The Tribunal also granted the City's request to deem the by-laws in force for specific lands where appeals had been withdrawn.

The Ontario Land Tribunal issued a correction notice to amend the issue date of a previous decision involving OBD Developments Inc. and the Township of Georgian Bay.

The original decision issue date of April 15, 2024, was corrected to April 16, 2024.