Ray Kallio

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal under s. 34(11) of the Planning Act for the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The application seeks to permit a 17-storey mixed-use building.

The Tribunal granted participant status to five individuals without objection from the parties.

The Tribunal scheduled a five-day video hearing for March 2025 and approved the final draft Procedural Order submitted on consent by the parties.

The applicant appealed the City's non-decision on a site plan application for a townhouse development adjacent to a Metrolinx rail corridor.

A related zoning by-law amendment appeal had an outstanding condition requiring Metrolinx's satisfaction regarding rail safety and building setbacks.

Metrolinx had expressed rail-safety concerns but was not a party to the proceedings.

The Tribunal found it necessary to compel Metrolinx's involvement due to the life-or-death nature of rail safety.

The Tribunal summoned a Metrolinx representative to a Special Hearing to provide evidence on their concerns and requested Metrolinx's counsel to attend to address party status.

The appellants appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a high-rise residential development.

Following mediation, the parties reached a settlement for a revised 39-storey building.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and Official Plan, and represents good planning.

The Tribunal allowed the appeals in part and approved the instruments in principle, withholding its final order pending the satisfaction of several conditions.

The applicants appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit a 44-storey residential building.

Following mediation, the parties reached a settlement for a revised 43-storey proposal.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and City Official Plan, and represents good planning by providing appropriate intensification near a major transit station area.

The appeals were allowed in part on an interim basis, with the final order withheld pending satisfaction of several conditions.

The Tribunal held a second Case Management Conference regarding appeals from the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential redevelopment.

The Tribunal granted participant status to a neighboring resident, scheduled a ten-day merit hearing, and approved the Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Chilocco Building Corporation and Mattamy (Monarch) Partnership due to the City of Toronto's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications seek to permit a low-rise residential neighbourhood with condominium elements.

During the conference, the Tribunal granted Party status to Brimley Properties Ltd., an adjacent industrial landowner.

A second Case Management Conference was scheduled to allow the parties to continue discussions and finalize a draft Procedural Order.

The applicants appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a 16-storey mixed-use building.

Prior to the hearing, the parties reached a settlement based on a revised proposal that incorporated an adjacent property and modified the building's built form.

Relying on uncontradicted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with the Official Plan.

The Tribunal allowed the appeal in part, approving the amendment in principle, and withheld its final order pending the satisfaction of technical conditions.

The applicants appealed the City of Toronto's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 58-storey residential building.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontroverted expert planning evidence that the settlement proposal represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and City Official Plan.

The Tribunal allowed the appeals in part, approving the amendments in principle subject to the fulfillment of conditions, and adjourned the site plan appeal sine die.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the hearing of an appeal by 1728 Bloor West Dev Inc. against the City of Toronto.

The appeal concerns a proposed Zoning By-law Amendment and Site Plan to permit a 19-storey mixed-use building with 99 residential units at 1728 Bloor Street West.

The order sets out the issues list, order of evidence, and deadlines for the exchange of witness statements and other materials leading up to a 10-day hearing scheduled to commence on August 12, 2024.

The appellant appealed a non-decision of the Committee of Adjustment regarding 11 minor variances required to facilitate a six-storey mixed-use building at 8 De Grassi Street.

The proposed development includes 15 residential units and a commercial unit at grade, located near a planned subway station.

Based on uncontested expert planning evidence, the Tribunal found that the variances meet the four tests under the Planning Act, being consistent with provincial policies promoting transit-supportive intensification.

The appeal was allowed in part and the variances were authorized subject to a condition regarding street tree planting.

The applicant appealed the City of Toronto's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit two 14-storey mixed-use buildings.

The parties reached a settlement proposal, which the City Council approved in principle.

The Tribunal reviewed the settlement, supported by uncontroverted expert planning evidence, and found it consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part and approved the settlement proposal in principle, withholding its final order pending the fulfillment of several conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal under section 34(11) of the Planning Act for the City of Toronto's failure to render a decision on a Zoning By-law Amendment application.

The applicant proposes a 29-storey residential building.

The Tribunal scheduled a 10-day hearing on the merits for March 2025 and approved the finalized Procedural Order and Issues List.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 13-storey hotel development.

The parties reached a settlement involving revisions to the built form, including increased setbacks and reshaped mechanical penthouses.

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

The appeals were allowed in part, and the amendments were approved in principle, with the final order withheld pending the submission of final instruments and servicing reports.

Casey House Inc. requested to remove its Participant status and be granted Party status in an appeal regarding development applications for a 58-storey residential building.

Casey House argued that an agreement between the appellant and an adjacent developer regarding setbacks would negatively impact its own property's redevelopment potential.

The Tribunal granted the request, finding that Casey House raised genuine land use planning concerns and that its inclusion as a Party was necessary to effectively adjudicate the issues without causing substantial prejudice to the other parties.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment, as well as the refusal of a Heritage Permit, to permit a 20-storey student residence building.

At a settlement hearing, the Tribunal accepted uncontested expert planning evidence that the revised proposal, which incorporates an on-site heritage resource, is consistent with the Provincial Policy Statement and conforms with the Growth Plan and the City's Official Plan.

The Tribunal allowed the appeals in part on an interim basis, approving the planning instruments in principle subject to conditions, and adjourned the heritage appeal sine die.

This was the second Case Management Conference regarding appeals by Jarvis & Earl Inc. and Jarvis & Earl 2 Inc. concerning a proposed 58-storey residential building in Toronto.

The parties submitted an updated Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a 10-day video hearing.

The applicant appealed the City of Toronto's failure to make a decision on an Official Plan Amendment and Zoning By-law Amendment to permit a 227-unit residential development.

At the second Case Management Conference, the Ontario Land Tribunal granted participant status to two individuals and approved the draft Procedural Order.

A nine-day merit hearing was scheduled to commence by video on June 10, 2024.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to facilitate a 29-storey residential building.

At the first Case Management Conference, the Tribunal granted participant status to a local residents' group and party status to an adjacent property owner on consent.

A second Case Management Conference was scheduled to review the draft procedural order and issues list.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential development consisting of 40-storey and 44-storey towers.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontroverted expert planning evidence that the settlement proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the Region of York Official Plan, and represents appropriate transit-oriented intensification within a Major Transit Station Area.

The Tribunal allowed the appeals in part on an interim basis, approving the amendments in principle subject to the finalization of the instruments and satisfaction of conditions.