OLT 2024

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 2941 Eglinton East Limited Partnership concerning the City of Toronto's failure to make decisions on zoning by-law amendment and site plan control applications within the statutory timeframes.

The order establishes the issues list, order of evidence, and procedural dates leading up to a 15-day hearing scheduled to commence on August 12, 2024.

This was the first Case Management Conference regarding an appeal by the applicant from the City's failure to make a decision on a minor variance application to permit the renovation and partial reconstruction of an existing theatre.

The Tribunal granted party status to a local residents' association and participant status to several individuals and another association.

The Tribunal also administratively consolidated a related site plan approval appeal with the minor variance appeal, adjourning the former sine die.

A second Case Management Conference and a five-day merit hearing were scheduled.

The applicant appealed the City of Brampton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision to permit a residential development.

Prior to the hearing, the parties reached a settlement on a revised proposal for 58 detached residential dwellings.

The Tribunal accepted uncontroverted expert planning and transportation evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good planning.

The appeals were allowed in part, and the planning instruments were approved in principle subject to conditions.

The applicant appealed the City of Toronto's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit two 14-storey mixed-use buildings.

The parties reached a settlement proposal, which the City Council approved in principle.

The Tribunal reviewed the settlement, supported by uncontroverted expert planning evidence, and found it consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part and approved the settlement proposal in principle, withholding its final order pending the fulfillment of several conditions.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the procedures leading up to a 7-day hearing regarding a zoning by-law amendment appeal.

The amendment seeks to permit an autobody repair establishment on agricultural lands in the Municipality of South Bruce.

At a Case Management Conference regarding compensation for an expropriated property, the Tribunal was advised that the claimant had passed away and a personal representative had been appointed.

Counsel for the deceased claimant's sister-in-law appeared, asserting she had an interest in the property and intended to apply to the Superior Court of Justice to establish her entitlement.

On consent of all parties, the Tribunal adjourned the CMC to allow time for the court application to be determined.

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

The parties requested approval of a draft Procedural Order and Issues List to govern the proceedings leading up to the merit hearing, while noting upcoming Tribunal-led mediation.

The Tribunal approved the draft Procedural Order and Issues List.

The appellant appealed the City of London's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use development on the Westmount Shopping Centre lands.

The parties reached a settlement to permit low, mid, and high-rise residential buildings alongside commercial uses.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal represented good planning, was consistent with the Provincial Policy Statement, and conformed to the City's Official Plan.

The appeal was allowed in part to implement the settlement.

The Town of Oakville appealed a Committee of Adjustment decision granting a minor variance for a maximum residential floor area ratio to permit a second-storey addition.

Prior to the hearing, the parties reached a settlement based on revised plans that reduced the massing and scale of the addition.

Relying on uncontroverted expert planning evidence, the Tribunal found the amended variance met the four tests under s. 45(1) of the Planning Act.

The appeal was allowed in part to authorize the amended variance subject to conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Caivan (Perth GC) Limited for the failure of the Town of Perth and Lanark County to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The Tribunal granted participant status to Richard Schooley on consent.

The Tribunal also approved the revised draft Issues List and Procedural Order submitted jointly by the parties to govern the upcoming 18-day hearing.

The applicant appealed a zoning by-law amendment application to permit a 61-storey mixed-use building.

Following a previous decision that issued a Procedural Order, the parties requested on consent to amend the dates for filing and exchanging witness statements.

The Tribunal granted the request and amended the Procedural Order accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Toronto (Bayview Car Wash) LP against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Approval for a 46-storey mixed-use building.

The Tribunal granted party status to two entities and participant status to four individuals, while denying participant status to others who did not attend or were represented by associations.

A second Case Management Conference was scheduled to set hearing dates and finalize the procedural order.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development with four buildings.

The parties reached a settlement proposing 1,029 residential units, retail space, and new public streets adjacent to the Guildwood GO Transit Station.

Based on uncontroverted expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and in the public interest.

The appeal was allowed in part, and the draft Zoning By-law Amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions.

At a Case Management Conference regarding appeals of the Township of King's Comprehensive Zoning By-law No. 2017-66, the Tribunal considered a request to hear the appeals together with certain issues raised in a separate appeal of the Township's Rural Zoning By-law No. 2022-053.

The Tribunal found it appropriate to hear the overlapping issues regarding 'Future Use' zones together.

A Procedural Order and Issues List were approved, and a four-day video hearing was scheduled.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings leading up to and including a 21-day hearing scheduled to commence on June 3, 2024.

The hearing concerns appeals of the City of Toronto's Proposed Official Plan Amendment No. 183 and By-law No. 235-2-16, which designates the Historic Yonge Street Heritage Conservation District and Plan.

The Tribunal held a settlement hearing regarding multiple appeals of the City of Toronto's by-law designating the King-Spadina Heritage Conservation District and adopting its associated Plan.

Based on the uncontested expert evidence of a heritage planner and a land use planner, the Tribunal found that the modified Plan satisfies the requirements of the Ontario Heritage Act and the Planning Act, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and the City's Official Plan.

The Tribunal approved the designation of the HCD and the modified Plan, allowing the appeals in part to implement the settlement.

At a Case Management Conference regarding an appeal of a proposed Official Plan Amendment, the parties advised the Tribunal that settlement discussions were ongoing and requested new hearing dates.

The Tribunal scheduled a five-day video hearing for October 2024 and directed the parties to provide an updated Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit a 24-storey mixed-use building.

The parties reached a settlement.

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

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order pending the satisfaction of conditions.

The appellant appealed the Town's failure to make a decision on zoning by-law amendment and site plan applications for a proposed retreat centre.

Prior to the hearing, the parties reached a settlement on the zoning by-law amendment and requested the site plan application be adjourned sine die.

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

The Tribunal allowed the appeal in part, approving the zoning by-law amendment in principle on an interim basis.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed 74-storey mixed-use building.

On consent of the parties, the Tribunal ordered the adjournment of the 10-day merits hearing from April 2, 2024, to May 27, 2024, and issued a revised Procedural Order establishing new timelines for the exchange of evidence and other pre-hearing requirements.