P. Gross

The applicant appealed the municipality's refusal of a Zoning By-law Amendment and a legal non-conforming use application to permit a biosolid storage facility in existing wastewater lagoons on a property in a prime agricultural area.

The Tribunal dismissed the appeals, finding that the proposed use was neither an agriculture-related use nor a permitted non-agricultural use under the Provincial Policy Statement, relying on the Prime Agricultural Area Guidelines.

The Tribunal also found that the applicant could not rely on legal non-conforming use because the previous owner's use of the lagoons for its own wastewater treatment had ceased in 2017.

At a Case Management Conference regarding appeals for a proposed gravel pit and aggregate extraction operation, the parties jointly requested the suspension of all remaining deliverable deadlines in the current Procedural Order.

The suspension was requested to allow for ongoing settlement discussions and consultations with Indigenous groups.

The Tribunal granted the request and directed the parties to submit a revised Procedural Order and Issues List.

At a Case Management Conference regarding appeals for a proposed gravel pit, the parties jointly requested the suspension of all remaining deliverable deadlines in the current Procedural Order.

The suspension was requested to allow for ongoing settlement discussions and the completion of consultations with Six Nations of the Grand River Elected Council and the Haudenosaunee Confederacy Chiefs Council.

The Tribunal granted the request and directed the submission of a revised Procedural Order and Issues List.

The Municipality brought a motion arguing the Tribunal lacked jurisdiction to determine whether a use is a legal non-conforming use under s. 45(2)(a)(ii) of the Planning Act, seeking to strike evidence and adjourn the appeal pending a Superior Court declaration.

The Tribunal dismissed the motion, finding it has both the authority and duty to make such determinations as questions of fact.

The Tribunal also granted the appellant's motion to consolidate the appeals regarding the zoning by-law amendment, site plan approval, and s. 45(2) application, finding consolidation would allow for a fair, just, and expeditious hearing.

The parties requested a short adjournment of a scheduled settlement hearing regarding appeals of the City of Toronto's failure to make decisions on official plan amendment, zoning by-law amendment, and site plan approval applications for a 45-storey residential building at 10 Huntley Street.

The adjournment was requested because the draft instruments were not yet available.

The Tribunal granted the adjournment and rescheduled the settlement hearing.

The Tribunal held a status update teleconference regarding appeals related to a proposed biosolid storage facility.

The applicant brought a motion to consolidate the proceedings, while the municipality indicated its intent to bring a motion challenging the Tribunal's jurisdiction over certain legal non-conforming use issues.

The Tribunal scheduled the motions to be heard at an upcoming Case Management Conference and adjourned the hearing on the merits to January 2025.

The Tribunal held a Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on planning applications for a 45-storey residential building.

The parties informed the Tribunal that a settlement had been reached.

The Tribunal cancelled the previously scheduled eight-day merit hearing and scheduled a settlement hearing for November 19, 2024.

At a Case Management Conference regarding proposed aggregate extraction operations, the Ontario Land Tribunal considered whether multiple appeals under the Planning Act, Aggregate Resources Act, and Niagara Escarpment Planning and Development Act should be consolidated or heard together.

The Tribunal ordered that the matters be heard together pursuant to section 21 of the Ontario Land Tribunal Act and Rule 16 of the Tribunal's Rules of Practice and Procedure, finding it to be a fair and efficient way to deal with all issues without causing prejudice.

The Tribunal also scheduled future hearing dates and directed ongoing Indigenous consultation.

The applicant appealed the Committee of Adjustment's refusal of minor variances to reduce the minimum front and rear yard soft landscaping requirements for a residential property.

The applicant had previously installed hardscaping and a subterranean stormwater management system.

The Toronto Local Appeal Body allowed the appeal, finding that the variances met the four tests under the Planning Act.

The tribunal accepted expert planning evidence that the stormwater system effectively managed run-off, fulfilling the intent of the soft landscaping by-law, and that the hardscaping was compatible with the evolving neighbourhood character.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval applications for a 45-storey residential building.

The Tribunal scheduled an eight-day merit hearing to commence on October 16, 2024, and issued a Procedural Order to govern the proceedings.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for a 45-storey residential building.

The Tribunal granted party status to an adjacent property owner and participant status to nearby property owners on consent.

A second Case Management Conference was scheduled for April 30, 2024, to allow the City to obtain instructions following its next Council meeting.