Piper Morley

The Ontario Greenhouse Vegetable Growers appealed the approval of an Official Plan Amendment and Zoning By-law Amendment by the County of Essex and the Municipality of Leamington regarding boarding houses and farm worker housing.

The parties reached a settlement that modified the amendments to remove pedestrian connection requirements, adjust occupancy thresholds for boarding houses, and clarify zoning for off-site farm worker dwellings.

The Tribunal accepted uncontested expert planning evidence that the modified amendments are consistent with the Provincial Policy Statement, conform to the applicable Official Plans, and represent good planning by supporting the agricultural sector and ensuring safe housing for farm workers.

The appeals were allowed in part to implement the settlement.

The City of Vaughan brought a motion for directions to approve three settlements (one partial, two full) resolving appeals to its new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The appeals related to the failure of the new by-laws to carry forward previous site-specific approvals.

The Tribunal accepted uncontested planning evidence that the proposed amendments to implement the settlements represent good planning.

The Tribunal allowed the appeals in part to amend the by-laws accordingly.

The Tribunal also granted the City's request to deem the by-laws in force for specific lands where appeals had been withdrawn.

The City of Vaughan brought motions for settlement approval regarding several appeals of its new Comprehensive Zoning By-law and Transition By-law.

The Tribunal accepted uncontested expert planning evidence that the proposed site-specific amendments to the by-laws were consistent with provincial policies and represented good planning.

The Tribunal approved the settlements, allowed the appeals in part to implement the site-specific exceptions, and deemed the by-laws in force for certain lands where appeals had been withdrawn.

The Ontario Land Tribunal held a first Case Management Conference to organize hearings for nine appeals concerning three geographically related properties in Midtown Oakville.

The appellants seek to amend the Livable Oakville Official Plan and site-specific zoning, and request draft plans of subdivision to permit multiple residential towers with mixed-use podiums.

The Tribunal ordered that the appeals be heard together due to their proximity and commonality.

Party and participant status were granted to several entities, and a second Case Management Conference and a six-week hearing were scheduled.

A case management conference was held regarding appeals by three developers against the Town of Oakville for failing to make decisions on official plan amendments, zoning by-law amendments, and plans of subdivision for mixed-use developments.

The Tribunal granted party and participant status to several entities, ordered that the appeals be heard together due to their proximity and common issues, and scheduled a second case management conference and a six-week hearing.

The City of Vaughan brought a motion for directions to approve five settlements regarding appeals to its new Comprehensive Zoning By-law 001-2021 and related Transition By-law 039-2022.

The appeals related to the failure of the new by-laws to recognize previous site-specific approvals.

The Tribunal accepted uncontested planning evidence that the proposed amendments to implement the settlements represented good planning.

The Tribunal approved the settlements and amended the by-laws accordingly.

The Tribunal also ordered that the by-laws were deemed to have come into force for specific lands where appeals had been withdrawn, pursuant to section 34(31) of the Planning Act.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

The appellant appealed the Municipality of Leamington's Zoning By-law No. 17-21 and Official Plan Amendment No. 8, which relate to minimum standards for boarding houses and farm worker dwellings.

At a case management conference, the Tribunal granted a consent order to consolidate the two appeals due to commonality and overlapping issues.

The Tribunal also set dates for a 15-day merit hearing and directed the parties to file a final procedural order and issues list.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the Ontario Greenhouse Vegetable Growers against the Municipality of Leamington's Zoning By-law No. 17-21 and Official Plan Amendment No. 8, which relate to minimum standards for boarding houses and farm worker dwellings.

The Tribunal ordered the consolidation of the two appeals on consent of the parties.

A 15-day merit hearing was scheduled to commence on April 15, 2024, by video.

The applicant appealed the City of Vaughan's failure to adopt requested official plan and zoning by-law amendments to permit a 6-storey residential apartment building with 125 dwelling units.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert land use planning evidence, the Tribunal found the revised proposal was consistent with the Provincial Policy Statement and conformed to the Growth Plan and applicable official plans.

The appeals were allowed in part to implement the settlement.

The applicant appealed the City's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit an 11-storey mixed-use residential building.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning, urban design, and transportation evidence, the Tribunal found the proposed development is consistent with the Provincial Policy Statement, conforms with the Growth Plan and applicable Official Plans, and represents good planning.

The appeals were allowed in part to implement the settlement.

The appellant appealed a decision of the Land Planning Appeal Tribunal fixing compensation for expropriated land.

The appellant argued the Tribunal erred in refusing an adjournment, determining the highest and best use of the land, and demonstrating a reasonable apprehension of bias.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the Tribunal's factual findings that the appellant failed to establish a legal non-conforming commercial or industrial use.

The court also held the Tribunal's refusal of an adjournment and its procedural rulings to manage the appellant's disruptive behaviour were reasonable and did not give rise to a reasonable apprehension of bias.

The Ontario Land Tribunal held a Case Management Conference regarding appeals against the City of London's approval of an Official Plan Amendment and Zoning By-Law Amendment to permit a 17-storey residential development.

The Tribunal granted party and participant status to several individuals and organizations.

A Procedural Order was issued to govern the upcoming eight-day hearing, with directions for the parties to resolve the final order of evidence.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Markham for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The Tribunal granted party status to the Unionville Ratepayers Association, scheduled a five-day merits hearing for May 2023, and approved the draft Procedural Order on consent of the parties.

The City of Toronto adopted Official Plan Amendment No. 486 (King Spadina Secondary Plan), which was appealed by multiple parties.

At this Case Management Conference, the Tribunal was updated on the status of a revised Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference for October 2022 and a twelve-day merit hearing for August 2023.

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

At the first Case Management Conference, the Tribunal granted party status to the Unionville Ratepayers Association and participant status to two individuals.

The parties requested a second CMC to finalize the Procedural Order and Issues List.

The Tribunal scheduled a second CMC for August 11, 2022.

The applicant greenhouse operator challenged a municipal by-law restricting artificial lighting as interfering with normal farm practices.

Before the hearing, the municipality repealed the challenged by-law and replaced it with a new one.

The municipality brought a motion to dismiss the application as frivolous because the underlying by-law no longer existed.

The Board granted the motion, finding the issues moot and refusing to hear the application, without prejudice to the applicant bringing a new application regarding the replacement by-law.

The applicant greenhouse operator brought an application alleging that a municipal by-law restricting greenhouse lighting interfered with normal farm practices.

Before the hearing, the respondent municipality repealed the challenged by-law and replaced it with a new one.

The municipality brought a motion under section 8(1) of the Farming and Food Production Protection Act, 1998 to dismiss the application as frivolous because the underlying by-law no longer existed.

The Board granted the motion, finding the issues moot, and refused to hear the application, without prejudice to the applicant bringing a new application regarding the replacement by-law.

This was the first Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The Tribunal granted party and participant status to several entities and individuals on consent.

A second Case Management Conference was scheduled for September 7, 2022, and a ten-day hearing was scheduled to commence on April 24, 2023.

The Normal Farm Practices Protection Board issued a procedural order setting out the rules and requirements for an upcoming video conference hearing via Zoom.

The order details the obligations of the parties regarding witness participation, document disclosure, and technical requirements for the electronic hearing.