Rodney John Gill

The applicants, who are neighbours of the respondent property owner, sought judicial review of a Committee of Adjustment decision approving minor variances.

Following legislative amendments that removed third-party appeal rights to the local appeal body, the applicants argued they had public interest standing to seek judicial review and alleged procedural unfairness and inadequate reasons.

The Divisional Court dismissed the application, finding the applicants lacked public interest standing, were afforded adequate procedural fairness, and that the Committee's reasons were sufficient when read in context.

The appellants appealed the property classification of two midrise multifamily residential apartment towers in Ajax, arguing they should be classified as New Multi-Residential (NT) rather than Multi-Residential (MT).

The issue turned on whether the units were built pursuant to a building permit issued on or after April 20, 2017, as required by section 10(2) of O. Reg. 282/98.

While initial partial permits were issued before this date, the full building permits required to complete the units were issued after April 20, 2017.

The Assessment Review Board found that the regulation's language was clear and unambiguous, and that the units were built pursuant to permits issued after the key date.

The Board ordered the properties to be classified as New Multi-Residential (NT).

The parties requested a Case Management Conference to address an issue regarding a condition of a previously granted provisional consent.

At the hearing, the parties indicated they had made substantial progress in resolving the issue and requested an adjournment to finalize an agreement.

The Tribunal granted the adjournment and scheduled a new hearing date in the event an agreement could not be reached.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal from the City of Toronto's failure to make a decision on a draft plan of subdivision for a mixed-use development.

The parties reported ongoing positive discussions and requested a further Case Management Conference to continue settlement efforts.

The Tribunal scheduled a further Case Management Conference and directed the parties to provide an update on their progress five days prior.

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 applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 50-storey residential building.

At the first Case Management Conference, the Tribunal granted Party status to three adjacent landowners and Participant status to a local coalition.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The Tribunal held a second Case Management Conference regarding appeals from the City of Mississauga's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed five-tower mixed-use development.

The Tribunal approved the finalized Procedural Order and Issues List, scheduled a 14-day merit hearing for September 2024, and set dates for a further teleconference update.

The Ontario Land Tribunal held a third Case Management Conference regarding an appeal of a zoning by-law amendment application to permit four mixed-use buildings.

The applicant and the City of Toronto had reached a settlement, but negotiations with Metrolinx regarding road network alterations and the operation of the Guildwood GO Station were ongoing.

The Tribunal scheduled a fourth Case Management Conference to allow the parties to finalize a settlement or, alternatively, to finalize the Procedural Order and Issues List for a merit hearing.

The appellant appealed the City of Hamilton's failure to render a decision on a site plan application for a 106-unit townhouse development.

The parties reached a settlement and presented a revised Settlement Plan and Conditions.

Based on uncontested expert planning evidence, the Tribunal found that the settlement conformed to the Mount Hope Secondary Plan, implemented the site-specific zoning provisions, and represented good land use planning.

The appeal was allowed in part to approve the settlement.

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.

Following a Case Management Conference, the parties submitted a final Procedural Order and Issues List on consent.

The Tribunal issued the Procedural Order to govern the upcoming hearing.

The Tribunal also considered a late request for party status from a residents association, but granted participant status instead because the request lacked sufficient content to assess its merits.

The Ontario Land Tribunal held a first Case Management Conference regarding a claim for land compensation arising from the expropriation of leasehold interests by the City of Toronto.

The Tribunal approved the parties' consent Procedural Order, scheduled a second Case Management Conference for July 2024, and set a 20-day video hearing to commence in September 2024.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Dundeal Canada (GP) Inc. from the City of Toronto's failure to make a decision on a Draft Plan of Subdivision application.

The parties advised that they have developed a plan to reduce issues and potentially resolve their disputes.

The Tribunal scheduled a further Case Management Conference for November 20, 2023, to allow the parties to continue settlement and scoping discussions.

The City of Toronto brought a motion for directions seeking an adjournment sine die of site-specific appeals by 955 Weston and CP REIT regarding Official Plan Amendment 571 (Mount Dennis Secondary Plan).

The appellants consented to the adjournment subject to agreed terms.

The Tribunal granted the adjournment, finding it efficient and without prejudice.

A request to consolidate Trolleybus's appeal with its other site-specific appeals was deferred to a future case management conference.

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 Ontario Land Tribunal held a third Case Management Conference regarding appeals by Toronto (Scarborough Junction) LP against the City of Toronto's failure to make decisions on applications for Official Plan Amendments, Zoning By-Law Amendments, and a draft plan of subdivision.

The Tribunal approved the draft Procedural Order submitted by the parties and scheduled an 18-day video hearing to commence on March 5, 2024.

The applicant appealed the City of Oshawa's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a townhouse development.

Prior to the hearing, the parties reached a settlement on a revised proposal for 42 townhouse units.

Based on the uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and applicable official plans.

The Tribunal allowed the appeals in part and approved the planning instruments to implement the settlement.

The appellant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 45 The Esplanade.

The parties reached a settlement for a revised proposal consisting of a 39-storey tower with retail, hotel, and residential uses.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good planning.

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

This was the third Case Management Conference regarding appeals by 415 Broadview GP Inc. against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendment applications.

The applicant proposes a 10-storey mixed-use building.

The Tribunal reviewed and approved the draft Procedural Order and Issues List on consent of the parties, and scheduled a 10-day video hearing on the merits for June 2024.

This was the second Case Management Conference regarding appeals against the City of Toronto's adoption of Official Plan Amendment No. 571, which adds the Mount Dennis Secondary Plan.

The Tribunal rescheduled a mediation and scheduled further CMCs to consider a potential motion by the City to adjourn related development applications.

On consent, the Tribunal granted Metrolinx party status, noting it must shelter under existing issues.

A request for party status by FortyTwo Communities Fund LP II GP Inc. was withdrawn after the City opposed it.