Philip H. Patterson

The accused was charged with failing or refusing to comply with a demand to provide a breath sample.

The interaction on the highway was captured by the officer's body-worn camera, revealing the accused's limited English proficiency.

The officer repeated the demand and attempted to explain it, but the accused repeatedly indicated he did not understand and requested a translator.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused understood the demand to provide a breath sample immediately, resulting in a finding of not guilty.

The City of Vaughan and MM 27 Ltd. brought motions to resolve site-specific appeals of the City's Comprehensive Zoning By-law and Transition By-law.

The appeals by VMC Condos, ZZEN, and MM 27 sought to correct discrepancies between the new by-laws and previously approved site-specific zoning permissions.

Based on uncontested expert planning evidence, the Tribunal found that the proposed amendments had regard to provincial interests, were consistent with the Provincial Policy Statement, conformed to the applicable official plans, and represented good planning.

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

The City of Vaughan brought a motion to resolve certain appeals of its new Comprehensive Zoning By-law and Transition By-law.

The City sought approval of site-specific amendments for two properties to correct development standards and mapping, including building heights, densities, and bicycle parking rates.

Based on the uncontested expert planning evidence, the Tribunal found the proposed amendments were consistent with provincial policies, conformed to applicable official plans, and represented good planning.

The Tribunal allowed the appeals in part to approve the amendments and deemed the by-laws in force for another property where appeals had been withdrawn.

The moving party brought a motion on consent for partial settlement of its appeals regarding the City of Vaughan's Comprehensive Zoning By-law and Transition By-law as they apply to a specific site.

The proposed amendments align the zoning permissions with the current as-built condition of the site and consolidate past approvals.

Relying on uncontested expert planning evidence, the Tribunal found the amendments represent good planning, are consistent with provincial policies, and conform to the applicable official plans.

The motion was granted and the appeals were allowed in part.

The City of Vaughan brought a motion to resolve several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The proposed settlements involved site-specific amendments to correct zoning mapping and development standards for lands owned by York Major Holdings Inc., ZZEN Group of Companies Limited, and Kentview Estates Inc. Based on the uncontested expert planning evidence, the Tribunal found the amendments were consistent with the Provincial Planning Statement, conformed to the applicable official plans, and represented good planning.

The Tribunal approved the amendments and also ordered that the by-laws be deemed in force for certain other lands where appeals had been withdrawn.

This was a Case Management Conference regarding appeals of a municipal Official Plan.

The Tribunal granted party status to a new landowner on consent, as it recently purchased a portion of the lands subject to the original appeal.

The Tribunal also scheduled a 10-day hearing on the merits for the remaining appeal and directed the parties to provide updates on scoping and potential settlement for the new landowner's appeal.

The City of Vaughan brought a motion seeking approval of proposed amendments to its Comprehensive Zoning By-law and Transition By-law to resolve several site-specific appeals.

The City also requested an order deeming the by-laws in force for certain lands where appeals had been withdrawn.

Based on the uncontested land use planning evidence, the Tribunal found the proposed amendments were consistent with provincial policy, conformed to applicable official plans, and represented good planning.

The Tribunal approved the amendments and deemed the by-laws in force for the lands with withdrawn appeals.

The City of Toronto brought a motion seeking to confirm the unappealed portions of Official Plan Amendment No. 499 (Golden Mile Secondary Plan), approve proposed modifications, and adjourn remaining site-specific appeals.

The Tribunal accepted the uncontested land use planning evidence that the modifications represent good planning and are consistent with provincial policies.

The Tribunal approved the modifications, confirmed the unappealed portions, and granted the requested adjournments on consent of the parties.

The applicant appealed the City of Orillia's failure to make a decision on zoning by-law amendment and site plan approval applications for an 8-storey apartment building.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed development is consistent with provincial policies, conforms to the official plan, and represents good planning.

The appeal was allowed in part, approving the zoning by-law amendment and granting interim approval of the site plan.

The applicant appealed the City of Orillia's failure to make a decision on a zoning by-law amendment and site plan approval application for an eight-storey apartment building.

At the first Case Management Conference, the Tribunal was informed that the statutory parties had reached a settlement.

A local resident withdrew her request for party status and was granted participant status.

The Tribunal scheduled a settlement hearing for August 6, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by OMERS Realty Holdings (STC One) Inc. et al. against the City of Toronto's failure to make a decision on an Official Plan Amendment application for the Scarborough Town Centre within the statutory timeframe.

The Tribunal approved the Draft Procedural Order and Draft Issues List submitted by the parties and scheduled a 25-day hearing on the merits to commence in October 2024.

The applicant appealed the City of Toronto's failure to make a decision on applications for a Zoning By-law Amendment and a Plan of Subdivision to permit a mixed-use community with five residential and mixed-use buildings.

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

Based on uncontroverted expert planning evidence, the Tribunal found that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The Tribunal approved the Zoning By-law Amendment in principle and withheld its final order pending the satisfaction of several conditions, while adjourning the Plan of Subdivision and fee protest appeals sine die.

The appellants appealed the City of London's adoption of the Masonville Secondary Plan.

The parties reached a settlement and proposed modifications to the Secondary Plan addressing parkland dedication, phased developments, and other site-specific matters for the appellants' commercial properties.

Based on the uncontested expert planning evidence, the Tribunal found the modifications consistent with the Provincial Policy Statement and in conformity with The London Plan.

The Tribunal approved the modifications on consent.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal for the City of Toronto's failure to make a decision on an Official Plan Amendment for a mixed-use redevelopment at the Scarborough Town Centre.

The Tribunal granted party status to Mondelez Canada Inc., Atlantic Package Products Ltd., and the Toronto Lands Corporation without objection.

A second Case Management Conference was scheduled for August 22, 2023, to allow the parties to prepare a draft Procedural Order and Issues List.

The applicant appealed the City of Markham's refusal of applications to amend the Official Plan and Zoning By-law to permit a multi-tower mixed-use development.

The parties reached a settlement proposing three towers with 940 residential units, including 20 affordable housing units, and parkland conveyances.

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

The appeal was allowed in part, and the planning instruments were approved in principle, subject to the satisfaction of prerequisite conditions.

The Tribunal held a Case Management Conference to address remaining appeals to the Region's approval of the Township's Official Plan.

The Tribunal approved a settlement between the Region, Township, and 1186675 Ontario Ltd. regarding an aggregates storage and distribution yard, modifying the Official Plan accordingly.

The Tribunal also scheduled a hearing for Flato/Wyview and a further CMC for Yellow Horizon.

The Ontario Land Tribunal issued an amending decision to correct typographical errors in its previous decision dated April 28, 2022.

The amendments added Canadian Tire Real Estate Limited as a party and corrected the spelling of a counsel's name from Calvin Lance to Calvin Lantz.

At a Case Management Conference regarding appeals of Official Plan Amendment No. 499 (Golden Mile Secondary Plan), the appellant 1941 Eglinton East Holdings Inc. brought a motion to schedule a hearing to determine the appropriate land use designation for its lands.

The City opposed the motion, arguing it was premature and that a motion regarding the Tribunal's jurisdiction should be heard first.

The Tribunal granted the appellant's motion, finding it in the public interest to provisionally schedule the hearing pending the outcome of the City's jurisdictional motion, as doing so would offer the best opportunity for a fair, just, and expeditious resolution.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.

The City advised that settlements had been reached with several parties and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing for May 19, 2022, and a two-week merits hearing commencing July 4, 2022.

The Tribunal held a Case Management Conference to finalize the procedural order for an appeal concerning Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a mixed-use residential development.

The Tribunal directed the parties to remove issues related to planning instruments that were not in force.

The finalized procedural order was appended to the decision.