Sarah J. O’Connor

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Toronto for failing to make decisions on Zoning By-law Amendment and Site Plan Control applications for a 23-storey mixed-use building.

The Tribunal granted party status to a neighbourhood association and participant status to three individuals.

Other party status requests were deferred to a second Case Management Conference scheduled for April 25, 2024.

The parties were directed to submit a draft Procedural Order and Issues List prior to the next conference.

The Ontario Land Tribunal held a case management conference regarding appeals by 295 Jarvis LP against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 60-storey mixed-use building.

On consent, the Tribunal granted party status to the Toronto Community Housing Corporation and approved the Procedural Order and Issues List for the upcoming hearing.

At a second Case Management Conference regarding appeals for a zoning by-law amendment and site plan control for a proposed mixed-use development, the Tribunal granted party status to an adjacent landowner, 1956565 Ontario Inc. The Tribunal directed the parties to submit a draft Procedural Order and Issues List and scheduled a three-week merit hearing to commence in February 2025.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant regarding a proposed development consisting of two 45-storey residential towers and one 35-storey residential tower in the City of Toronto.

The order sets out the schedule of events, issues list, and order of evidence for a 10-day video hearing scheduled to commence on November 12, 2024.

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 to permit a mixed-use development with 32- and 38-storey residential towers.

The parties reached a settlement agreement.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal represents good planning, optimizes the use of the site, and supports growth along the Sheppard East Subway Corridor.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order until certain conditions are satisfied.

The applicant appealed the City of Toronto's failure to make a decision on zoning by-law amendment and site plan control applications for a proposed mixed-use development.

At the first Case Management Conference, the Tribunal granted party status on consent to an adjacent landowner, 115 Saulter South LP.

The Tribunal also granted participant status to Hydro One Networks Inc. and Tepfam Holdings Inc., with leave to renew requests for party status at the next conference.

A second Case Management Conference was scheduled.

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

The parties reached a settlement for a revised 80-storey tower with a 17-storey podium.

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 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.

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 three buildings, including a 46-storey tower.

The City opposed the 46-storey height, arguing it should be reduced to 24 storeys due to shadow impacts and lack of conformity with the Official Plan.

The Tribunal found that the proposed development, including the 46-storey tower, was consistent with the Provincial Policy Statement, conformed to the Growth Plan, and fit harmoniously within the existing and planned context.

The Tribunal held that the shadow impacts were adequately limited and approved the Zoning By-law Amendment in principle.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by First Capital Realty Inc. for the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications.

The applications seek to facilitate a 24-storey residential building.

The Tribunal granted party status to a local coalition without objection.

A nine-day hearing was scheduled, and directions were given for finalizing the procedural order and issues list.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 295 Jarvis LP against the City of Toronto's failure to make a decision on official plan and zoning by-law amendment applications for a 60-storey mixed-use building.

The Tribunal granted party status to Infrastructure Ontario and The Hospital for Sick Children, and participant status to a local resident.

A 12-day hearing on the merits was scheduled for May 2024.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by Cheong Family Holdings Ltd. regarding official plan and zoning by-law amendments for a proposed 29-storey building at 69 Yorkville Avenue in Toronto.

The order establishes the hearing schedule, procedural deadlines, and the consolidated issues list for the 13-day hearing scheduled to commence in December 2024.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by NHD Developments Limited against the City of Toronto for failing to make decisions on Official Plan and Zoning By-law Amendment applications.

The Tribunal received status updates, noted the potential for a settlement, and issued procedural directions including deadlines for finalizing the Issues List, Procedural Order, and exchanging witness statements ahead of the scheduled 10-day hearing.

The appellant appealed the City of Toronto's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan Approval within the statutory timeframes.

At the first Case Management Conference, the Tribunal addressed procedural matters, noted there were no requests for party or participant status, and directed the parties to continue discussions.

The Tribunal scheduled a second Case Management Conference for January 12, 2024, and a 10-day merit hearing commencing November 12, 2024.

The plaintiffs, who operate a specialized First Nations Specific Claims insurance business, brought a motion for an interlocutory and permanent injunction against former employees and independent contractors who started a competing brokerage.

The plaintiffs sought to prohibit the defendants from competing, soliciting clients, and using confidential information.

The court dismissed the motion, finding no non-competition or non-solicitation agreements existed, and the plaintiffs failed to establish a strong prima facie case that the defendants misused proprietary information.

The court ordered the defendants to return and delete any of the plaintiffs' confidential information in their possession, as proposed by the defendants.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Sanderling Developments Limited against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Application for a 32-storey mixed-use building.

The Tribunal approved the draft Procedural Order to govern the phased merits hearing, with the zoning by-law amendment to be heard first.

A third Case Management Conference was scheduled to finalize the Issues List.

The Ontario Land Tribunal held a case management conference regarding appeals by the applicant against the City of Toronto's failure to make decisions on applications for Official Plan and Zoning By-law amendments to permit 48-storey and 59-storey mixed-use buildings.

The Tribunal issued a Procedural Order and Issues List on consent, scheduling a 10-day video hearing to commence on February 6, 2024.

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

The Tribunal approved the Procedural Order and Issues List and scheduled a nine-day merits hearing to commence in February 2024.

The applicant appealed the City of Toronto's failure to make a decision on an Official Plan Amendment and Zoning By-law Amendment for a proposed mixed-use development.

At the second Case Management Conference, the Tribunal was informed that the applicant intends to submit a revised proposal and a site plan application, which will also be appealed.

The Tribunal scheduled a further Case Management Conference to consolidate the appeals and finalize the Procedural Order.

The appellants appealed the City of Toronto Committee of Adjustment's approval of minor variances to facilitate the development of a three-storey, 10-unit apartment building.

Prior to the hearing, the parties reached a settlement that included revisions to the proposal, such as reduced height, increased setbacks, and enhanced privacy screening and landscaping.

Based on uncontroverted expert planning evidence, the Tribunal found that the revised proposal represented gentle intensification, met the four tests under section 45(1) of the Planning Act, and was consistent with provincial policies.

The appeal was allowed in part to authorize the amended variances subject to conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by 545 Eglinton LP Inc. against the City of Toronto's refusal of an Official Plan Amendment and neglect to decide on a Zoning By-law Amendment for a 21-storey residential building.

Akelius Ltd. was granted party status on consent.

The Tribunal directed the parties to refine their issues list and scheduled a further one-day Case Management Conference to finalize the Procedural Order.