OLT 2024

The applicant appealed the City of Markham's failure to adopt requested Official Plan and Zoning By-law amendments to permit a high-density mixed-use development, including six residential towers, an elementary school, and commercial space.

Following a previous decision withholding the final order pending the finalization of the planning instruments, the Tribunal issued this final order approving the Official Plan Amendment and Zoning By-law Amendment in the form agreed upon by the parties.

The applicants, who hold a 75% interest in a mining parcel, applied for a vesting order against the respondents, who hold the remaining 25% interest, due to the respondents' failure to contribute to the mining land taxes since 2019.

The Tribunal previously ordered the respondents to pay their proportionate share of the taxes.

The respondents failed to pay the ordered amount or file a dispute.

Consequently, the Tribunal granted the application and ordered the respondents' interest in the parcel to be vested in the applicants pursuant to section 196(5) of the Mining Act.

The appellants appealed the City of Toronto's Zoning By-law 1170-2011 under section 34(19) of the Planning Act.

Following a settlement hearing, the Ontario Land Tribunal issued an interim order approving the zoning by-law amendment in principle, pending the satisfaction of certain pre-conditions.

The City of Toronto advised that the pre-conditions were cleared.

The Tribunal ordered that the appeals be allowed in part and approved the zoning by-law amendment as it applies to the subject lands.

A pre-hearing conference was held regarding an application for compensation under the Expropriations Act.

The claimant's counsel was initially absent but later appeared.

The Tribunal reviewed the status of the proceedings, including witness lists and the potential for Formal Mediation.

The parties subsequently informed the Tribunal that a settlement had been reached and requested that the scheduled hearing dates be vacated.

The Tribunal ordered the parties to report on the completion of their settlement by December 12, 2024.

The appellant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications for a 94-storey mixed-use building.

The parties reached a settlement for a revised 99-storey proposal.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan.

The Tribunal allowed the appeals in part on an interim basis, withholding its final order pending the satisfaction of several conditions, including finalization of the amending instruments and engineering reports.

The appellants appealed the City of Vaughan's adoption of Official Plan Amendment No. 93 (OPA 93) regarding pre-consultation and complete application submission requirements.

Following the introduction of Bill 185, the City repealed the by-law adopting OPA 93.

As the appeals were no longer contestable, the Ontario Land Tribunal ordered that the appeals be dismissed.

The Tribunal convened a Case Management Conference for an appeal regarding a Municipal Cost Recovery Order issued by the City of St. Catharines following a spill at a hazardous waste facility.

Both the appellants and the respondent filed motions shortly before the scheduled merit hearing.

The Tribunal granted relief from its rules regarding motion timelines and directed that both motions be heard on the first day of the merit hearing.

The Tribunal also granted a one-day adjournment of the merit hearing for confidential personal reasons and issued directions regarding the hearing plan and joint book of documents.

The appellant appealed the approval of an Official Plan Amendment and Zoning By-law Amendment intended to permit an 88-unit residential development.

Prior to the hearing, the applicant scaled back the proposed development to 35 residential units and three detached dwellings, and revised the instruments to the satisfaction of the appellant and added party.

Based on uncontested expert planning evidence, the Tribunal found the revised instruments consistent with provincial policy and representative of good planning.

The appeals were allowed in part to approve the revised Official Plan Amendment and Zoning By-law Amendment.

The Ontario Land Tribunal held a case management conference regarding four applications for compensation under the Expropriations Act arising from the expropriation of a multi-unit property for the Ontario Line Subway Project.

The Tribunal ordered that the applications be heard together and issued a procedural order scheduling a 15-day video hearing on the merits for September 2025.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a 29-storey residential building.

Following a settlement between the parties, the Tribunal held a written hearing and accepted uncontroverted expert planning evidence supporting the revised proposal.

The Tribunal allowed the appeals in part and approved the redevelopment in principle, withholding its final order pending the fulfillment of several conditions including finalized by-laws and servicing reports.

The Tribunal convened a Case Management Conference regarding an appeal by the applicant against the municipality's refusal of an application to demolish a portion of a designated heritage property.

As the parties had not finalized an Issues List or Procedural Order following unsuccessful mediation, the Tribunal scheduled a further Case Management Conference and directed the parties to submit draft documents prior to that date.

The applicant brought a motion to consolidate its appeal under the Planning Act regarding a zoning by-law amendment with a referral under the Aggregate Resources Act for a Class A Pit Below Water licence.

The Tribunal granted the motion on consent, finding that consolidation would provide efficiencies as the matters involve the same property, common issues, and the same witnesses.

A 13-day merit hearing was scheduled.

The Tribunal held a written hearing to consider a settlement proposal regarding appeals under the Planning Act for the failure of the County of Renfrew and the Town of Horton to make decisions on Official Plan and Zoning By-Law amendments.

The amendments sought to permit a proposed gravel pit at 432 Storyland Road.

Based on uncontested expert planning evidence, the Tribunal found the settlement consistent with provincial policies and good planning.

The appeals were allowed and the amendments were approved.

The appellant requested a Case Management Conference to address a disputed haul route condition arising from a previous Ontario Municipal Board decision approving its quarry.

The appellant argued the Tribunal had jurisdiction to reopen the hearing without a motion, while the City argued the Tribunal lacked jurisdiction and requested a motion hearing.

The Tribunal ordered that the appellant's request proceed by written motion to ensure due process and fully review the jurisdictional question.

The applicant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate a 36-storey mixed-use building.

Following a previous decision, the Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to a 13-day hearing scheduled to commence on May 21, 2025.

The Ontario Land Tribunal issued a procedural order on consent to govern the proceedings for a land compensation arbitration under the Expropriations Act.

The order establishes deadlines for pleadings, discoveries, witness statements, and expert reports, and schedules a 10-day video hearing to commence on January 19, 2026.

The Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical error in its previous decision.

The amendment removed a 'DRAFT' watermark from the first page of Attachment 1.

In all other respects, the original decision remains unchanged.

The Township of Muskoka Lakes brought a motion to dismiss a third-party appeal of its new Official Plan by Our Muskoka Stakeholders Association, arguing the appeal was deemed dismissed under the transition provisions of Bill 185 (Cutting Red Tape to Build More Homes Act, 2024).

The Tribunal found that while Our Muskoka did not meet the definition of a 'specified person' under the Planning Act, its appeal remained valid under the transition exception in s. 17(36.0.2)(b) because it was appealing the same decision (the approval of the Official Plan) as other valid appellants.

The motion to dismiss was therefore dismissed, allowing the appeal to continue.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 42-storey mixed-use building.

The parties reached a settlement and presented revised plans to the Tribunal.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the City's Official Plan.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal issued a procedural order on consent for an appeal concerning a proposed 35-storey residential building at 77 Erskine Avenue in Toronto.

The applicant appealed the City of Toronto's failure to make a decision on its zoning by-law amendment application within the statutory timeframe.

The procedural order establishes the issues list, order of evidence, and procedural deadlines leading up to a 10-day hearing scheduled to commence in March 2025.