Rodney John Gill

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 at 102 Berkeley Street.

Prior to the hearing, the parties reached a settlement for a revised 35-storey building that includes an expanded public park along the street frontage to maintain the low-rise character.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and City Official Plan.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment in principle, withholding its final order until several conditions are met.

The Tribunal convened a second Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law.

The parties submitted a draft Procedural Order and Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a 5-day video hearing on the merits to commence on January 15, 2024.

The Appellants sought approvals for a Zoning By-law Amendment and Draft Plans of Subdivision to facilitate a large residential development.

The central issue was whether a 14-unit portion of the development (Block 1 Stage 5), which required a private roadway through a Natural Heritage Feature and Area (NHFA), should be permitted.

The Tribunal denied the development of Block 1 Stage 5, finding that the roadway would negatively impact the NHFA's ecological functions and wildlife linkages, rendering it inconsistent with the Provincial Policy Statement.

The Tribunal also reviewed various conditions of Draft Plans approval, striking down conditions that unlawfully required the developer to fund non-local services or convey lands for purely environmental purposes without compensation.

The balance of the development was approved in principle, subject to resolving parkland dedication requirements.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by Timbertrin (Guildwood) GP Inc. against the City of Toronto's failure to make a decision on a zoning by-law amendment application for four mixed-use buildings.

The parties reported productive settlement discussions and requested the scheduling of a further Case Management Conference and a 10-day hearing.

The Tribunal scheduled the requested dates.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City of Toronto for failing to make a decision on Official Plan and Zoning By-law amendment applications within the statutory timeframe.

The parties reported ongoing discussions and noted the subject property recently received a heritage designation.

The Tribunal ordered the parties to submit a draft Procedural Order and Issues List and scheduled a third Case Management Conference.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the City of Mississauga for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a 15-storey mixed-use building.

The Tribunal granted participant status to several individuals and the LCBO, noted the withdrawal of the Region of Peel as a party, and approved a Procedural Order for a 10-day video hearing scheduled to commence on October 30, 2023.

The applicant appealed the City of Burlington Committee of Adjustment's decision to deny two of fifteen requested minor variances for a proposed 18-storey mixed-use building.

The City supported the application in full at the hearing.

Based on uncontroverted expert planning evidence, the Tribunal found that the variances, which related to parking, setbacks, floor area ratio, and heritage building preservation, met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and all fifteen variances were authorized subject to the condition that the applicant obtain a Zoning Clearance Certificate and a Building Permit.

This was the second Case Management Conference regarding appeals for the City of Toronto's failure to make a decision on zoning by-law amendment applications for 124 and 136 Broadway Avenue.

The Tribunal granted party status to the Toronto Standard Condominium Corporation No. 1987 and participant status to fourteen individuals.

The Tribunal also set deadlines for the final Procedural Order and Issues List ahead of the scheduled 12-day hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals for the City of Toronto's failure to make a decision on Zoning By-law Amendment applications for 124 and 136 Broadway Avenue.

The Tribunal granted party status to the Toronto Standard Condominium Corporation No. 1987 and participant status to fourteen individuals.

The Tribunal also set deadlines for the final Procedural Order and Issues List.

The appellant appealed the City of Oshawa's failure to make a decision on its zoning by-law amendment and plan of subdivision applications within the statutory timeframes.

The applications proposed the development of 42 townhouse units.

At the first Case Management Conference, the Tribunal granted party status to the Region of Durham and participant status to two individuals.

The parties advised that a settlement was likely and requested a two-day hearing.

The Tribunal scheduled a video hearing for July 4-5, 2023, to either consider the settlement or proceed on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 52-storey mixed-use building.

The Tribunal granted participant status to three entities on consent, scheduled a 10-day hearing on the merits, and approved the Procedural Order.

A Case Management Conference was convened to consider an appeal against the City of Toronto's failure to make a decision on requested Official Plan and Zoning By-law amendments for an 11-storey residential building.

The appellant requested an adjournment to a third Case Management Conference to allow for further discussions and potential design changes.

The other parties consented to the request.

The Tribunal granted the adjournment and scheduled a third Case Management Conference for June 2023.

This was the second Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed mixed-use development.

The parties requested additional time to continue settlement discussions.

The Tribunal scheduled a third Case Management Conference and directed the applicant to submit a revised Procedural Order and Issues List or settlement materials prior to that date.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and a Zoning By-Law Amendment to permit an 8-storey addition to an existing church building.

At the first Case Management Conference, the Tribunal granted party status to a neighbourhood coalition and participant status to two local residents.

Due to the City's imminent heritage designation of the subject property, a second Case Management Conference was scheduled to allow the parties to consider the impact on the applications and narrow the issues.

The applicants appealed the City of Toronto's failure to make a decision on their zoning by-law amendment applications for 53 and 55 Yonge Street.

Prior to the hearing, the parties reached a settlement for a revised 66-storey mixed-use building.

Based on uncontested expert planning and transportation evidence, the Tribunal found the proposal represents an appropriate and desirable redevelopment within the Urban Growth Centre, conforms to provincial policy, and represents good planning.

The Tribunal allowed the appeal in part and approved the settlement proposal in principle, withholding its final order pending the finalization of the by-law and related engineering and transit conditions.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Zonix Group Inc. against the City of Markham's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 533-unit residential development.

The Tribunal granted party status to the City of Toronto and participant status to several local residents.

A five-day video hearing was scheduled for November 2023, and the parties were directed to finalize a Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by LCG 100 Eglinton Square Ltd. for the City of Toronto's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Site Plan applications for a 35-storey mixed-use building.

The Tribunal granted party status on consent to Golden Mile Landowners Group Inc., Mattamy Eglinton Ltd., and Metro Ontario Real Estate Limited.

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

The appellant appealed the City of Toronto's non-decision regarding a zoning by-law amendment application to permit a 20-storey mixed-use building.

At the first Case Management Conference, the Tribunal corrected the appellant's name, granted participant status to an adjacent property owner on consent, and scheduled a second Case Management Conference to allow the City time to receive instructions from Council regarding the draft Procedural Order and Issues List.

The applicant appealed the municipality's failure to make a decision on official plan and zoning by-law amendment applications for a proposed 682-unit mixed-use development.

At the first Case Management Conference, the Tribunal granted party status on consent to a neighbourhood association and a neighbouring condominium corporation.

A second Case Management Conference was scheduled to finalize the issues list and explore potential Tribunal-led mediation.

The Ontario Land Tribunal convened a Case Management Conference regarding appeals by the applicants against the City of Toronto's failure to make a decision on applications to amend the Official Plan and Zoning By-law for a proposed 26-storey residential building.

The Tribunal scheduled a second Case Management Conference and directed the parties to provide a draft Procedural Order and Issues List.