OLT 2025

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for a zoning by-law amendment and draft plan of subdivision to permit an industrial warehouse development.

The Tribunal added an adjacent landowners group to the contact list, noted the parties' intent to seek Tribunal-led mediation, directed the submission of a final Procedural Order and Issues List, and scheduled a 15-day merit hearing to commence on July 7, 2025.

The applicant appealed the Township of Champlain's refusal to adopt an Official Plan Amendment and Zoning By-law Amendment to permit a townhouse and apartment development.

At the second Case Management Conference, the parties advised that a settlement proposal had been provided by CN Rail and an agreement was expected within 30 days.

The Tribunal scheduled a third Case Management Conference to either hear a draft settlement or finalize a procedural order for a merits hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal of the Town of Georgina's refusal to adopt a requested zoning by-law amendment.

The amendment would permit the conversion of a single detached dwelling into an accessory structure.

The Tribunal granted party status to one individual and participant status to several others on consent.

A three-day hearing on the merits was scheduled, and a procedural order was approved.

The Tribunal issued an order correcting a minor error in a previous order regarding a draft plan of subdivision for the property at 3450 Dufferin Street.

The City and the appellants requested the correction to replace an incorrect version of the revised draft plan of subdivision that was inadvertently attached to the previous order.

The Tribunal found the error to be minor and granted the request, replacing the attachment with the correct version.

The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 59-unit townhouse development.

The parties reached a settlement proposal.

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

The appeals were allowed and the planning instruments were approved.

The appellant appealed the refusal of consent applications to sever and create two additional residential lots in the Town of Wasaga Beach.

The Town supported the applications but did not attend the hearing.

The Tribunal heard expert planning evidence that the proposal conforms to the Provincial Planning Statement and local official plans, and represents good land use planning.

The Tribunal allowed the appeals and granted provisional consents subject to conditions, including a requirement for a landscape plan to address residents' concerns regarding tree protection.

Following an interim order allowing the appeals in part, the Ontario Land Tribunal issued its final order approving the Official Plan Amendment, Zoning By-law Amendment, and Site Plan for a 16-storey mixed-use building at 1186-1194 Wellington Street West in Ottawa.

The Tribunal confirmed that the final instruments and conditions of approval were satisfactory to the City Solicitor and ordered the modifications to the municipal planning documents.

The Applicant appealed the City of Markham's failure to adopt a requested Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential mixed-use development.

Following a settlement, the Tribunal issued a decision on January 10, 2025.

The Tribunal subsequently issued this amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in the development statistics chart contained in the original decision.

In all other respects, the original decision and order remain unchanged.

The Tribunal held a status hearing regarding an appeal of a zoning by-law amendment application to permit a 52-storey mixed-use building in Toronto.

The parties advised of difficulties in clearing pre-requisite conditions from a previous interim order.

The Tribunal issued a procedural order scheduling a one-day continuation hearing and setting deadlines for the exchange of witness statements and proposed zoning by-law amendments.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of the Town of Halton Hills' decision to designate a property under the Ontario Heritage Act.

The parties indicated they were not ready for settlement discussions or mediation pending the resolution of an open motion.

The Tribunal scheduled a one-day motion hearing for July 10, 2025, and established a timetable for the exchange of motion materials.

The Tribunal held a first Case Management Conference regarding appeals by Pem (Eglinton) GP Inc. for non-decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications to permit a mixed-use development in Toronto.

The Tribunal granted party status to an adjacent landowner and participant status to two individuals/groups.

A Procedural Order and Issues List were approved, and dates were set for a second Case Management Conference and a 14-day merit hearing.

The applicant appealed the City of Mississauga's failure to render decisions on applications for an Official Plan Amendment and Zoning By-law Amendments to facilitate a partial redevelopment of the Sheridan Centre lands with two 15-storey residential buildings.

Following Tribunal-led mediation, the parties reached a settlement.

Based on the uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policy, in conformity with the applicable official plans, and representative of good planning.

The appeals were allowed in part on an interim basis, with final orders withheld pending submission of the final instruments.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by Litwillow Holdings Ltd. regarding the City of Brampton's failure to make a decision on a zoning by-law amendment application.

The application seeks to permit a high-rise mixed-use building with 330 units.

The order sets the hearing dates, procedural steps, and issues list for the upcoming video hearing.

The appellant appealed the Town's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a 13-storey mixed-use building.

The Town did not attend the hearing but consented to the approval subject to conditions.

The Tribunal accepted the uncontroverted expert planning evidence that the proposed development is consistent with provincial policies, conforms to the regional official plan, and represents appropriate transit-supportive intensification.

The appeals were allowed and the amendments were approved.

The City of Toronto brought a motion to geographically scope the appellant's appeals of Official Plan Amendment No. 727 and Zoning By-law No. 608-2024 to only the appellant's property, and to scope the appeals to only the specific policies and provisions at issue.

The Tribunal dismissed the request for geographic scoping, finding that the appellant's concerns were city-wide and not limited to a specific site.

The Tribunal granted the request to scope the appeals to the specific policies and provisions at issue, deeming the unappealed portions of the instruments to have come into effect.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal referred by the Ministry of Natural Resources relating to an application for a Class A aggregate license for a proposed pit.

The Tribunal approved the draft Procedural Order and Issues List, scheduled a nine-day merit hearing, and encouraged the parties to engage in settlement discussions.

The appellant appealed the City's passage of a Zoning By-law Amendment, supporting the approval of its high-density residential development but objecting to a three-year sunset clause.

At the first Case Management Conference, the parties requested an adjournment to facilitate settlement discussions and to potentially consolidate the matter with a related appeal.

The Tribunal granted the request and scheduled a second Case Management Conference for June 2025.

The Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 59-storey mixed-use building.

The Tribunal denied a request for Party Status by a local resident, granting Participant Status instead, as the City was already raising similar issues and his addition could prejudice ongoing mediations.

A third Case Management Conference and a 10-day merit hearing were scheduled.

The applicant appealed the City of Richmond Hill's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed mixed-use development.

The parties reached a settlement for a revised 32-storey building with 409 residential units.

The Tribunal held a settlement hearing and, relying on uncontested expert planning evidence, found the revised proposal consistent with provincial policies and local official plans.

The Tribunal allowed the appeals in part and approved the amendments.

The applicant appealed the municipality's refusal of an application to amend the Zoning By-law for a property in Arran-Elderslie.

The parties reached a settlement to modify setbacks and permit the development of 11 dwellings, providing more housing options for seniors.

Based on uncontested expert land-use planning evidence, the Tribunal found the proposed settlement consistent with the Provincial Policy Statement and in conformity with the Official Plan.

The appeal was allowed and the Zoning By-law was amended accordingly.