Ontario Land Tribunal

The Tribunal received a request, on consent of the parties, to amend procedural timelines contained in a Procedural Order issued on November 21, 2024.

The appeals relate to applications for a zoning by-law amendment and a plan of subdivision to permit three new residential apartment towers in the City of Toronto.

The Tribunal granted the request and amended the dates for the exchange of witness lists, expert meetings, witness statements, and other pre-hearing steps leading up to the hearing scheduled for October 20, 2025.

The Ministry of Transportation applied for approval to permanently close portions of Maltby Road West and Concession Road 4 intersecting with Highway 6 in the Township of Puslinch.

The closures are part of a larger project to convert Highway 6 into a fully controlled-access freeway and construct a new midblock interchange.

The Tribunal accepted the uncontested expert evidence that the closures are necessary for safety and operational reasons.

The application was approved.

The Ontario Land Tribunal issued a procedural order to govern the conduct of a proceeding regarding the determination of compensation under the Expropriations Act.

The hearing is scheduled to commence on January 19, 2026, for a period of five days.

The order sets out the timetable for the exchange of documents, discoveries, expert reports, and other pre-hearing requirements.

The appellant appealed a condition imposed by the Niagara Escarpment Commission on a development permit for a residential addition.

The condition required the appellant to enter into an agreement on title prohibiting more than one dwelling unit on the property.

The Hearing Officer found that the condition was speculative, redundant, and an overreach, as secondary dwelling units are already prohibited under the Niagara Escarpment Plan.

The Minister of Natural Resources adopted the Hearing Officer's recommendation and directed the issuance of the permit without the disputed condition.

The appellant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 46-storey building.

At a Case Management Conference, the Tribunal was advised that the parties had reached a settlement which was adopted by City Council.

The Tribunal scheduled a merit hearing in writing to consider the settlement.

The appellant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a 20-storey building.

The parties reached a full, uncontested settlement.

The Tribunal accepted uncontested expert planning evidence that the proposal promotes efficient infill development, provides diverse housing options including three-bedroom units, and aligns with provincial and municipal planning policies.

The appeal was allowed in part, and the zoning by-law amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions, including infrastructure agreements and heritage conservation plans.

A case management conference was held regarding five appeals relating to an expropriation by the Ministry of Transportation.

The Tribunal ordered that the five appeals be heard together and scheduled a 10-day video hearing for April 2026.

A procedural order was approved to govern the pre-hearing requirements.

The parties requested, on consent, to amend certain procedural timelines contained in a previously issued Procedural Order governing appeals under the Planning Act regarding a proposed mixed residential neighbourhood.

The Tribunal granted the request and ordered the amendment of dates for the filing of the Statement of Agreed Facts and Issues, witness statements, and written responses.

A case management conference was held for five appeals relating to an expropriation by the Ministry of Transportation in the Community of Tempo, London, Ontario.

The Tribunal ordered that the five files be heard together in accordance with Rule 16.3 of the Tribunal's Rules of Practice and Procedure.

A ten-day video hearing was scheduled for April 2026, and a procedural order was issued to govern the pre-hearing requirements, including mediation, discovery, and the exchange of expert reports.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals for official plan and zoning by-law amendments to permit a 56-storey mixed-use building in Toronto.

The Tribunal granted party status to four entities on consent.

The Tribunal also ordered that the appeals be heard together with a related adjacent appeal at a 15-day hearing commencing in October 2025, and approved the Procedural Order to govern the proceedings.

The applicant appealed the City's failure to make a decision on official plan amendment, zoning by-law amendment, and site plan applications to permit two 12-storey apartment buildings and a public park.

The parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the revised applications consistent with the Provincial Planning Statement and in conformity with the City's Official Plan.

The appeals were allowed in part to implement the settlement.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a Municipal Order to Pay Costs issued by the Regional Municipality of Peel.

The order relates to spills from underground storage tanks at a gas station.

The appellants requested a motion to stay the proceedings pending the resolution of a related civil matter in the Ontario Superior Court.

The Tribunal scheduled a one-day motion hearing for October 10, 2025, and a second Case Management Conference for December 8, 2025.

At a Case Management Conference regarding appeals of Development Charges By-laws by the Township of Georgian Bay and the District of Muskoka, the parties requested a phased hearing approach to address common issues.

The Tribunal granted the request on consent, vacated the previously scheduled merit hearing, and directed the parties to provide dates for a coordinated first phase hearing.

Theia Partners Inc. and the City of Ottawa brought a joint motion to dismiss appeals filed by prospective appellants regarding an Official Plan Amendment and Zoning By-law Amendment.

The moving parties argued that the prospective appellants lacked standing under the Planning Act, as amended by Bill 185 (Cutting Red Tape to Build More Homes Act, 2024), which restricted third-party appeal rights.

The Tribunal found that the prospective appellants were not 'specified persons' and did not own land to which the amendments applied.

Consequently, the Tribunal dismissed the appeals for lack of standing.

The applicant appealed the City's refusal of a zoning by-law amendment application to permit a 35-storey residential building.

Following a settlement hearing, the Tribunal issued an Interim Order.

On consent of the parties, the Tribunal issued a correction order pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure to correct the property address and a reference to the Provincial Planning Statement.

The Tribunal convened a Case Management Conference regarding claims for compensation filed by the claimant against several utility companies under the Ontario Underground Infrastructure Notification System Act, 2012.

The claims allege delays in providing locates within the statutory five-day period.

The Tribunal directed the parties to submit a revised draft Procedural Order and scheduled a 14-day video hearing for November 2026.

The Tribunal held a second Case Management Conference regarding appeals by Bovaird West Holdings Inc. against the City of Brampton's failure to make decisions on applications for a zoning by-law amendment and a draft plan of subdivision.

The parties disputed whether certain issues proposed by CN, relating to the interpretation and relevance of specific provincial and municipal planning policies, should be included on the Issues List.

The Tribunal ruled that the proposed issues pertain to land use planning policies within its purview and allowed them to be included, noting that their relevance would be appropriately adjudicated at the hearing.

The Tribunal also granted a request to adjourn the previously scheduled nine-day hearing, rescheduling it as a five-day hearing in July 2025, and approved a revised Procedural Order.

The applicant appealed under s. 41(12) of the Planning Act regarding a site plan application for two industrial buildings.

The parties reached a settlement and agreed upon a revised site plan.

Based on uncontested expert planning evidence that the revised site plan represents good planning and conforms to applicable policies, the Tribunal allowed the appeal in part and approved the revised site plan.

The Ontario Land Tribunal issued a Procedural Order to govern the proceedings leading up to a 10-day hearing scheduled to commence on February 2, 2026.

The hearing concerns appeals by Wycliffe Royal York Limited regarding the City of Toronto's failure to make decisions on official plan and zoning by-law amendment applications for the property at 464 Royal York Road.

The appellant appealed under s. 41(12) of the Planning Act regarding a site plan application to permit the development of three warehouse buildings in the Town of Oakville.

The parties reached a settlement and agreed upon a revised site plan application.

Based on the uncontested expert planning evidence that the revised application is consistent with provincial policies, conforms to the applicable official plans and zoning by-laws, and represents good planning, the Tribunal allowed the appeal in part and approved the revised site plan.