Sarah J. O’Connor

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant 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 granted participant status to two residents' associations, approved a phased hearing process starting with the Zoning By-law Amendment, and scheduled a second Case Management Conference and a seven-day hearing on the merits.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant concerning the City's failure to adopt a requested official plan amendment and neglect to make a decision on a zoning by-law amendment.

The appeals relate to a proposal to construct three residential towers.

The order sets out the organization of the hearing, requirements before the hearing, the list of parties and participants, and the issues list.

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 the applicant for non-decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision.

The Tribunal granted participant status to four entities.

On consent, the Tribunal consolidated these appeals with an existing appeal relating to a site and area specific policy.

The consolidated proceedings were held in abeyance to allow the parties to pursue private mediation and settlement discussions.

The applicant appealed the City of Toronto's refusal of a Zoning By-law Amendment application to permit a mixed-use development at 36-44 Eglinton Avenue West.

Following mediation, the parties reached a settlement for a revised 59-storey mixed-use building.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good land use planning.

The appeal was allowed in part, with the final order withheld pending the fulfillment of conditions.

The appellants appealed the City of Toronto's Official Plan Amendment 450 and the failure to make a decision on zoning by-law amendment applications for properties on Laird Drive.

The parties reached a settlement regarding the zoning by-law amendments and the appeal of OPA 450.

Based on the uncontradicted expert planning evidence, the Tribunal found that the settlement proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan and the City's Official Plan, and represented good planning.

The Tribunal allowed the appeals in part and approved the zoning by-law amendments and modifications to OPA 450.

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.

At the first Case Management Conference, the Tribunal noted that the applicant intended to submit a revised application to address City staff concerns.

The Tribunal scheduled a second Case Management Conference for February 2023 and a nine-day hearing for October 2023.

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 32-storey mixed-use building.

At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the proposed development optimizes land use in a major transit area and conforms to provincial and municipal planning policies.

The Tribunal allowed the appeals in part, approving the amendments in principle, and withheld its final order pending the execution of a section 37 agreement securing community benefits and parkland dedication.

The applicants appealed the City of Toronto's failure to make a decision on their zoning by-law amendment applications for a mixed-use development in the Port Lands.

At a Case Management Conference, the parties agreed that the appeals should proceed now that the Port Lands Official Plan Modification is largely in force.

The Tribunal scheduled a further Case Management Conference for March 2023 to allow the applicants to provide updated materials to the City for review.

The appellants appealed the City of Toronto's Official Plan Amendment 450 and the failure to make a decision on zoning by-law amendment applications for properties on Laird Drive.

The parties reached a settlement regarding the zoning by-law amendments and the OPA 450 appeal.

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

The Tribunal approved the zoning by-law amendments and modified OPA 450 accordingly.

The appellants 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 10-storey and 32-storey residential development.

The parties reached a settlement, which included the extension of a public road and a new public park.

Based on uncontested expert planning evidence, the Tribunal found the proposed settlement 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 to approve the revised planning instruments.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant from the City of Toronto's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed 32-storey mixed-use building.

The parties reported ongoing settlement discussions and requested the scheduling of an eight-day hearing to establish dates for the exchange of materials.

The Tribunal scheduled the hearing to commence by video on May 30, 2022, and directed the parties to submit a finalized Draft Procedural Order.

The applicants appealed the City of Toronto's failure to make a decision on their respective zoning by-law amendment applications to permit office building developments on neighbouring properties.

The parties reached a settlement for a combined 13-storey office building that conserves two listed heritage buildings on the site.

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

The appeals were allowed in part and the zoning by-law amendment was approved in principle, with the final order withheld pending the fulfillment of agreed conditions.

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 32-storey mixed-use residential building.

At the first Case Management Conference, the Tribunal granted participant status to a local resident, discussed the potential for mediation, and scheduled a second Case Management Conference to finalize the Procedural Order and Issues List.

The applicant appealed the City of Toronto's refusal of a zoning by-law amendment application to permit a 65-storey mixed-use building.

At the first Case Management Conference, the Ontario Land Tribunal granted party and participant status to several entities on consent.

The Tribunal also approved the draft Procedural Order and scheduled a 15-day video hearing for September 2022.

The parties were directed to contact the Tribunal's Strategic Resolutions Advisor to explore mediation.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment application for an 8-storey mixed-use building.

The Applicant withdrew a motion for a draft Procedural Order.

The Tribunal granted party status to the Parkdale Neighbourhood Land Trust and participant status to several individuals, while denying participant status to two individuals who were on the Board of Directors of the newly added party.

A 13-day hearing was scheduled for May 2022.

The plaintiffs sought leave to register a Certificate of Pending Litigation (CPL) on a property, claiming an equitable interest based on resulting trust or an oral trust agreement.

The court dismissed the motion, finding no triable issue regarding the plaintiffs' claim to an interest in the property and that the equities did not favour granting the CPL.

The court found insufficient credible evidence to support either a gratuitous transfer for a resulting trust or the alleged oral trust agreement, noting inconsistencies in the plaintiffs' evidence and an adverse inference drawn from refusal to disclose electronic files.