Rodney John Gill

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated June 7, 2024.

The amendment corrected the overall height of the proposed 91-storey mixed-use building from 338.3 m to 328.4 m.

In all other respects, the original decision remains unchanged.

The appellant appealed the City of Brampton's refusal of Official Plan and Zoning By-law Amendment applications to permit the development of two multi-storey residential apartment buildings.

Prior to the hearing, the appellant submitted a revised proposal reducing the height of the north building from 14 to 10 storeys and making other design changes.

The Tribunal found that the revised proposal, subject to a 2.5-metre stepback on the north building, was consistent with the Provincial Policy Statement, conformed to the Growth Plan and local official plans, and represented good planning.

The Tribunal allowed the appeals in part on an interim basis, withholding its final order until the final form of the zoning by-law is submitted and the Region of Peel approves an updated functional servicing report.

The applicant appealed the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a 35-storey residential building.

The City opposed the development, arguing it was an overdevelopment with insufficient setbacks and separation distances that would negatively impact future land assembly.

The Tribunal preferred the applicant's evidence, finding that land assembly on adjacent properties was unlikely due to constraints such as the City's rental replacement policy.

The Tribunal concluded the proposal was consistent with the PPS, conformed to the Growth Plan and Official Plan, and represented good planning.

The appeals were allowed in part on an interim basis, contingent on the satisfaction of final conditions.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to increase the permitted height of a mixed-use building from 85 to 94 storeys.

Prior to the hearing, the parties reached a settlement to permit a 91-storey building.

Based on uncontested planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan, noting it would provide additional housing and serve as a landmark without creating unacceptable adverse impacts.

The appeal was allowed in part and the amendments were approved in principle.

The parties requested an adjournment of the third Case Management Conference on consent to continue mediation discussions regarding appeals for the failure of the City of Toronto to make decisions on Official Plan and Zoning By-law Amendment and Site Plan Approval applications.

The Tribunal scheduled a fourth Case Management Conference for September 18, 2024, to allow the parties to determine whether a resolution could be attained.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by 280 Viewmount Limited Partnership against the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 33-storey mixed-use development.

The Tribunal scheduled a 10-day hearing for February 2025 and approved the final Procedural Order and Issues List.

The applicant appealed the city's refusal of its official plan and zoning by-law amendment applications for a 38-storey residential building.

During a case management conference, the city opposed the applicant's request to proceed to the scheduled merit hearing with a revised development proposal, arguing the deadline for revisions in the procedural order had passed.

The tribunal allowed the applicant to proceed with a revised proposal, finding that the prejudice to the applicant of being forced to proceed on an abandoned proposal outweighed the prejudice to the city.

The tribunal limited the permitted revisions to a decrease in storeys and height, and granted a short adjournment to allow the city to respond.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals from the City of Toronto's failure to make decisions on a Zoning By-law Amendment and Site Plan Application for a 23-storey mixed-use building.

The Tribunal granted party status to the Draper Street Residents Association Inc. and participant status to a local resident.

The Tribunal also scheduled a third Case Management Conference and a nine-day merit hearing for March 2025, and approved the updated draft Procedural Order and Issues List on consent of the parties.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal scheduled a 20-day merit hearing for March and April 2025, and a third Case Management Conference for October 2024.

The parties were directed to finalize and submit the Procedural Order and Issues List by May 31, 2024.

The Tribunal held a second Case Management Conference regarding appeals by Concen Development Limited concerning a proposed mixed-use development in the City of Vaughan.

The Tribunal granted party status to Protect Thornhill and the Beverley Glen Ratepayers’ Association.

A third Case Management Conference was scheduled to allow the City time to review revised plans and finalize the Draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the appellant against the City of Toronto's designation by-law, which designated the subject property as having cultural heritage value.

The Tribunal granted Party status to the adjacent property owner and Participant status to a local community group.

The Tribunal also directed the parties to finalize the Procedural Order and Issues List and scheduled a three-day merit hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 17 Elm GP Inc. against the City of Toronto for failing to make decisions on Zoning By-law Amendment and Site Plan Approval applications within statutory timeframes.

The Tribunal granted party status to Toronto Community Housing Corporation, Westerkirk Capital Inc., and The Hospital for Sick Children, and participant status to TSCC2920.

The Tribunal directed the parties to finalize a Procedural Order and Issues List and scheduled a 10-day merit hearing to commence by video on January 13, 2025.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development with four buildings.

The parties reached a settlement proposing 1,029 residential units, retail space, and new public streets adjacent to the Guildwood GO Transit Station.

Based on uncontroverted expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and in the public interest.

The appeal was allowed in part, and the draft Zoning By-law Amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions.

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 applicants appealed the Town of Caledon's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit the development of two one-storey industrial buildings.

The parties reached a settlement that relocated a planned public road to the perimeter of the subject property and adjacent lands, allowing for greater flexibility in building sizes.

The Tribunal accepted the uncontested planning evidence that the revised proposal was consistent with provincial policies and represented good land use planning, allowing the appeals in part to implement the settlement.

At a Case Management Conference regarding an appeal of the City's failure to make a decision on a Zoning By-law Amendment, the Tribunal reviewed the Issues List proposed by a community coalition.

After directing the coalition to revise its issues to use neutral language appropriate for a zoning appeal, the Tribunal accepted the revised Issues List and approved the final Procedural Order to govern the upcoming hearing.

The appellant appealed the City of Toronto's failure to make a decision on a draft plan of subdivision application within the statutory timeframe.

At the fourth Case Management Conference, the parties reported ongoing discussions to resolve the appeal but requested a fifth conference to continue providing structure to their communication.

The Tribunal scheduled a fifth Case Management Conference and issued procedural directions requiring the City to identify outstanding issues and provide draft conditions, and the appellant to confirm if Tribunal assistance is required.

The Tribunal held a case management conference regarding appeals by the applicant against the municipality's failure to make decisions on official plan and zoning by-law amendment applications for a 975-unit residential development.

The Tribunal granted participant status to 13 local residents without objection.

A 10-day hearing on the merits was scheduled for September 2024, and a procedural order was issued to govern the proceedings.

At a Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment for a 50-storey residential building, the Tribunal considered a request for party status from a local community coalition.

The coalition, previously granted participant status, retained an expert planner and sought party status to fully participate.

With no objections from the other parties, the Tribunal granted the coalition party status, scheduled a telephone conference call to finalize the issues list, and set a nine-day hearing for September 2024.

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

The Tribunal considered 22 party status requests and four participant status requests from local residents.

With the consent of the parties, the Tribunal converted all party status requests to participant status requests and granted participant status to 27 individuals.

A second Case Management Conference was scheduled to allow the municipality time to receive instructions from its council.