OLT 2025

The applicant appealed the City's failure to make a decision on a zoning by-law amendment and refusal of a plan of subdivision for 71 residential lots.

Following a case management conference, the Ontario Land Tribunal issued an order on consent of the parties to amend the procedural timelines, extending the deadlines for filing the Statement of Agreed Facts and Issues.

At a Case Management Conference regarding appeals of an Official Plan Amendment, Sorge Enterprises Inc. brought a motion seeking to invalidate the County's Notice of Decision and to be added as an appellant despite filing its appeal out of time.

Sorge argued the Notice was deficient for failing to explicitly list registered owners as having appeal rights.

The Tribunal found the Notice of Decision met all prescribed regulatory requirements and was valid.

Consequently, Sorge's appeal was out of time, and the Tribunal held it lacked jurisdiction to extend the statutory appeal period.

Sorge's request to be added as an appellant was denied, but it was granted non-appellant party status on consent.

The matter involves a claim for compensation under the Expropriations Act arising from Metrolinx's expropriation of a property in Toronto.

During status teleconferences, it was noted that the Claimant failed to deliver witness statements in accordance with a prior Procedural Order.

Metrolinx requested $2,500 in costs due to this non-compliance.

The Tribunal deferred the costs request to be considered after the hearing or upon settlement, and issued a revised Procedural Order setting new hearing dates for April 2026.

The appellant appealed the Town of Oakville Committee of Adjustment's refusal of minor variances required to construct a new two-storey detached dwelling.

Prior to the hearing, the parties reached a settlement with revised variances and conditions.

The Tribunal accepted uncontested expert planning evidence that the revised variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed in part, and the revised variances were authorized subject to conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellants against the respondent municipality's new Parkland Dedication By-law.

The Tribunal approved the draft Procedural Order submitted by the parties and scheduled a 10-day Merit Hearing to commence by video on July 6, 2026.

The applicant appealed the City of Cambridge Committee of Adjustment's refusal of consent and minor variance applications to sever a property and build two single-detached dwellings, each containing three additional residential units (ARUs).

The Ontario Land Tribunal dismissed the appeal, finding that the requested third ARU exceeded the maximum of two permitted under the City's Official Plan and Zoning By-law.

The Tribunal held that the variances did not maintain the general intent and purpose of the planning instruments and were not minor in nature, effectively requiring a zoning by-law amendment.

This was the second Case Management Conference for an appeal regarding the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 27-storey mixed-use building.

The Tribunal granted Participant status to the WestQueenWest Community Organization but declined a late request from another condominium corporation.

The Tribunal also approved the Parties' draft Procedural Order and scheduled an eight-day hearing on the merits for August and September 2026.

The applicant appealed the City of Brantford's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a residential community with approximately 489 units.

The parties reached a settlement and requested the Tribunal approve the planning instruments via a written hearing.

Relying on the uncontested expert planning evidence, the Tribunal found the proposed development conforms to the Provincial Planning Statement and the City's Official Plan, and represents good planning.

The appeals were allowed in part, and the Zoning By-law Amendment and Draft Plan of Subdivision were approved subject to conditions.

This was the second Case Management Conference regarding multiple appeals of the City of Toronto's Official Plan Amendment 777 (Sheppard East Secondary Plan).

The Tribunal granted added party status to Lencroft Holdings Inc., allowing it to shelter under an existing appeal.

The Tribunal also granted requests to adjourn two specific appeals while those appellants pursue site-specific applications.

Procedural dates were established for the exchange of materials ahead of Tribunal-led mediation and a third Case Management Conference.

The applicant requested an amendment to the procedural timelines contained in a previously issued Procedural Order, on consent of the parties.

The Ontario Land Tribunal granted the request and amended the dates for filing the Statement of Agreed Facts and Issues, exchanging witness statements, and exchanging reply witness statements.

In all other respects, the Procedural Order remains the same.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by Concord Adex Inc. against the City of Toronto's refusal of a Zoning By-law Amendment application for a 64-storey mixed-use building.

The Tribunal granted party status to several entities without objection.

A second Case Management Conference was scheduled for April 13, 2026, to allow time for discussions and the preparation of a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Transmark Developments Ltd. against the City of Markham's refusal of Official Plan and Zoning By-law Amendment applications for a proposed mixed-use redevelopment.

The Tribunal consolidated the appeals, granted party status to the Toronto and Region Conservation Authority, and granted participant status to the Unionville Residents Association and two individuals.

The Tribunal also approved the Procedural Order and Issues List, and scheduled a second Case Management Conference and a 15-day merit hearing.

A Case Management Conference was held regarding an appeal by Parklane Home Builders Limited against the Town of Fort Erie's by-law designating a property as having cultural heritage value under the Ontario Heritage Act.

The Tribunal scheduled a three-day video hearing on the merits for March 2026 and approved the Procedural Order and Issues List submitted by the parties.

The Tribunal also encouraged the parties to consider mediation to narrow or resolve the issues.

The appellant appealed the township's refusal of a zoning by-law amendment application.

Prior to the scheduled merit hearing, the parties reached a settlement in principle.

The Tribunal converted the merit hearing to a status hearing and scheduled a written settlement hearing.

The Tribunal also directed that a participant's document be included in their participant statement and that an addendum to a witness statement be removed from the record on consent.

The appellants appealed the new Official Plan for the Township of Clearview.

The parties reached a settlement narrowing the scope of the appeal to a site-specific Official Plan Amendment redesignating portions of the subject lands from Residential to Commercial.

Based on uncontested expert planning evidence, the Tribunal found the amendment consistent with the Provincial Planning Statement and in conformity with the applicable official plans.

The appeal was allowed in part to implement the settlement.

The Tribunal held a second Case Management Conference regarding appeals from the City of Hamilton's refusal of zoning by-law amendment and draft plan of subdivision applications for a 17-lot residential subdivision.

The Tribunal granted participant status to five individuals without objection from the parties.

The Tribunal also approved the finalized Procedural Order and scheduled a six-day merit hearing to commence by video on June 22, 2026.

Following a settlement agreement for the expropriation of the claimant's property, the claimant brought an application for costs under section 32(1) of the Expropriations Act.

The City of Toronto challenged the number of hours and the hourly rate billed by the claimant's counsel, and sought its own costs for the assessment.

The Tribunal found the claimant's counsel's hours and $700 hourly rate to be reasonable, rejecting the City's arguments and criticizing the City's counsel for inappropriate personal attacks.

The Tribunal deducted $5,667 for costs related to acquiring a replacement property but otherwise awarded the claimant $193,004 for the expropriation costs and an additional $20,250 for the costs of the application.

The claimants filed a land compensation claim against the Town of Penetanguishene under the Expropriations Act.

The claimants subsequently decided not to proceed and requested to dismiss the matter on a without-costs basis.

The respondent consented to the dismissal.

The Ontario Land Tribunal ordered the matter dismissed without costs.

The City of Toronto brought a motion for directions to approve a settlement regarding Official Plan Amendment No. 716 (Downsview Secondary Plan).

The settlement resolved appeals by several retail property owners by adding policies clarifying density permissions, permitting the continuation of existing large-scale standalone retail stores, allowing moderate expansions, and detailing compatibility studies for new sensitive land uses.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications represented good planning and approved OPA 716 as modified.

The appellant appealed a Director's Order regarding mine effluent treatment system upgrades.

Following a case management conference, the parties submitted a joint request to extend certain deadlines in the Order.

The Ontario Land Tribunal granted the request, extending the deadlines for completing the installation of a turbidity curtain and dredging a polishing pond to December 2025.