Raj Kehar

This was the fourth Case Management Conference regarding appeals of the City of Guelph's Official Plan Amendment No. 79 (Clair-Maltby Secondary Plan).

The parties reported substantial progress in settlement discussions and requested a partial Settlement Hearing.

The Tribunal approved a revised Procedural Order and Issues List, and scheduled a partial Settlement Hearing for January 25, 2024.

The applicant appealed the City of Mississauga's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 15-storey mixed-use building with 147 rental units.

During a status update hearing, the Tribunal was advised that the proposal had been revised and discussions were positive.

The Tribunal directed the applicant to provide a draft Procedural Order and Issues List and scheduled a six-day video hearing for April 2024.

The Tribunal held a Case Management Conference regarding appeals by Airfield Developments Inc. and Airfield II Developments Inc. against the Town of Caledon's failure to make decisions on Official Plan and Zoning By-law Amendment applications.

The parties reported that private mediation is ongoing and requested more time to resolve or narrow the issues.

The Tribunal deferred requests for participant status from adjacent landowners and scheduled a further Case Management Conference for February 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the Town's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a proposed drive-through restaurant.

The Tribunal granted participant status to eight individuals who raised concerns about traffic, lighting, and litter.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List, and to address a potential appeal regarding a Heritage Demolition Permit.

The appellant appealed the City of Mississauga's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit an 11-storey mixed-use building.

Prior to the hearing, the parties reached a settlement for a revised eight-storey mixed-use building.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal represented good planning, provided appropriate transition, and was compatible with the surrounding context.

The appeals were allowed in part on an interim basis, with the final order withheld pending the finalization of the planning instruments and related agreements.

At a Case Management Conference regarding appeals of a zoning by-law amendment to permit a private school and daycare, the Pickering Islamic Centre requested party status.

The Tribunal granted the request on consent, noting the applicant is the entity most affected by the proceedings.

The Tribunal also scheduled a second Case Management Conference to finalize the procedural order and hear anticipated motions.

The appellants appealed the Town's refusal of minor variances and non-decision on site plan approval, as well as a town-initiated official plan amendment and zoning by-law, to permit a two-storey addition to a residential dwelling in the Grimsby Beach area.

The parties reached a settlement involving a revised site plan and a site-specific zoning by-law amendment.

Based on uncontested expert planning evidence, the Tribunal found the proposed development met all legislative tests, respected the area's cultural heritage, and constituted good planning.

The appeals were allowed in part to implement the settlement.

This decision arises from a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and Secondary Plans.

The Tribunal noted the withdrawal of several appeals and directed the merging of the Phase 5 and Phase 7 hearings.

The Tribunal scheduled a further Case Management Conference and set dates for the merged five-week hearing.

The appellant appealed a municipally initiated zoning by-law amendment intended to regulate cannabis cultivation and production facilities in the Township of Clearview.

The parties reached a settlement and presented a revised amendment to the Tribunal.

Relying on uncontested expert planning evidence, the Tribunal found the revised amendment consistent with provincial policies and representative of good land use planning.

The appeal was allowed in part, with the final order withheld pending the submission of a final site plan application and the final form of the zoning by-law amendment.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Airfield Developments Inc. and Airfield II Developments Inc. for an Official Plan Amendment and a Zoning By-law Amendment due to the Town of Caledon's failure to make a decision within statutory timeframes.

The Tribunal granted party status to the Region of Peel and participant status to two individuals.

The parties agreed to explore mediation, and a second Case Management Conference was scheduled via telephone to discuss a draft Procedural Order and potential hearing dates.

The applicant appealed to the Ontario Land Tribunal under section 22(7) of the Planning Act due to the municipality's failure to make a decision on an official plan amendment application within the statutory timeframe.

The proposed amendment sought to facilitate a residential development of approximately 1,282 units.

At the first case management conference, the Tribunal granted party and participant status to several requesting entities on consent.

The Tribunal also directed the parties to file a draft procedural order and scheduled a second case management conference.

A case management conference was held regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and its Secondary Plans.

The Tribunal received status updates on the remaining phases of the appeals, noting the withdrawal of certain appeals and the closure of the Phase 6 hearing file.

The Tribunal directed the parties to work collaboratively to prepare a final procedural order and issues list for the Phase 5 hearing, and scheduled a further case management conference to set hearing dates and address outstanding matters.

The Tribunal convened a second Case Management Conference regarding appeals against the City of Mississauga's Community Benefits Charge By-law.

The Tribunal confirmed that a previous consolidation order only applied to the jurisdictional question of varying the 4% charge prescribed by regulation, and that any decision on that motion would be without prejudice to the other appellants' issues.

The Tribunal ordered that further proceedings be suspended until the decision on the consolidated motion is final and binding.

The applicant appealed to the Ontario Land Tribunal under s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the City's failure to make a decision on zoning by-law amendment and site plan applications.

At the first Case Management Conference, the Tribunal granted party status to three neighbourhood groups without opposition.

The Tribunal scheduled a second Case Management Conference and a three-day merit hearing, noting that the applicant and the City had reached a settlement and discussions with the other parties were ongoing.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of conditions imposed by the Toronto and Region Conservation Authority on a permission to construct a residential dwelling.

The Tribunal set deadlines for the production of a refined Issues List and a final Procedural Order.

A four-day video hearing was scheduled to commence on March 11, 2024.

The applicant appealed the City's refusal of a minor variance application and the failure to make a decision on site plan and draft plan of subdivision applications for a proposed 53-unit townhouse development.

At the second Case Management Conference, the Tribunal granted participant status to four individuals, adjourned the subdivision appeal pending mediation, scheduled a five-day hearing on the merits for the remaining appeals, and approved the procedural order and issues list.

The City of Kawartha Lakes brought a motion for partial approval of Phase 4 appeals concerning Official Plan Amendments 13 and 16, which implement the Lindsay Secondary Plan.

The parties reached a settlement on the proposed policy and mapping modifications.

The Tribunal accepted uncontroverted expert planning evidence that the modifications are consistent with the Provincial Policy Statement and represent good planning.

To avoid potential policy conflicts between the new Secondary Plan and the existing Town of Lindsay Official Plan, the Tribunal ordered that its final approval be withheld until the Minister formally repeals the existing plan.

The applicant appealed the City's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a proposed residential development.

The parties reached a settlement for a 12 and 14 storey residential building connected by a seven-storey central element.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the City's Official Plan.

The Tribunal allowed the appeals in part, approving the draft planning instruments in principle, and withheld its final order pending the satisfaction of several prerequisite conditions.

The City of Mississauga brought a motion to dismiss Dunpar Homes' appeal of the City's Parkland Conveyance By-law without a hearing, arguing the notice of appeal failed to set out sufficient objections and reasons as required by s. 42(4.9) of the Planning Act.

Dunpar argued that an earlier draft of its appeal letter was inadvertently filed electronically, but that it still contained sufficient planning grounds, and that a correct hard copy was also served.

The Tribunal dismissed the City's motion, finding that the electronic notice of appeal provided a sufficient 'originating core' of planning grounds, specifically that the by-law failed to conform with provincial and municipal policies, and that the appeal should not be dismissed on an overly technical basis.

The applicants appealed the Town of Caledon's failure to make a decision on applications for a Zoning By-law Amendment, Draft Plan of Condominium, and Site Plan Approval to permit a 30-unit townhouse development.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert planning and transportation evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with applicable provincial and municipal plans.

The Tribunal approved the draft instruments in principle, withholding final orders until all conditions, including securing vehicular access and addressing heritage and noise matters, are satisfied.