Signe Leisk

The Ontario Land Tribunal held a first Case Management Conference regarding 16 appeals against the newly adopted 2023 City of Brampton Official Plan.

The Tribunal granted party status to five requesting entities, including conservation authorities and railway companies, finding they had a direct interest.

The Tribunal deferred the issue of consolidating the appeals with a related Major Transit Station Area case to a subsequent joint CMC, and established a schedule for the appellants to provide modification letters to the City.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use development with 35-storey and 55-storey towers.

The parties reached a settlement on a revised proposal.

Based on uncontested expert land use planning evidence, the Tribunal found the revised proposal had regard for matters of provincial interest, was consistent with the Provincial Policy Statement, and conformed to the Growth Plan and City Official Plan.

The Tribunal allowed the appeals in part, approving the Official Plan Amendment and Zoning By-law Amendment in principle, and withheld its final order pending satisfaction of conditions.

The appellants appealed the City of Toronto's refusal of Official Plan and Zoning By-law amendments to permit a 50-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted party status to Metrolinx, which is expropriating the subject lands for a subway extension.

The Tribunal deferred a request to consolidate the appeals with a related site-specific appeal and scheduled a second Case Management Conference.

This was the second Case Management Conference regarding appeals of the Township of Clearview's approval of two Zoning By-law Amendments to permit a change to the maximum required setback for a proposed single-detached dwelling and an on-farm diversified use.

The Tribunal approved the draft Procedural Order on consent and scheduled a three-day Hearing of the Merits.

The Tribunal also noted that the appeal by two of the appellants had been settled, with the settlement to be presented at the merits hearing.

The Ontario Land Tribunal held a third Case Management Conference regarding an appeal by Mattamy (Eglinton) Limited for the City of Toronto's failure to make a decision on a proposed Plan of Subdivision.

The parties requested a further CMC in the fall to allow time for an ongoing Environmental Assessment in the Golden Mile area to unfold.

The Tribunal agreed and scheduled a fourth CMC for October 31, 2024.

The applicant appealed the City of Toronto's failure to make a decision on applications for a zoning by-law amendment and site plan approval to permit a 33-storey mixed-use building.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the proceedings leading up to a 10-day hearing scheduled to commence on May 26, 2025.

The Tribunal held a Case Management Conference regarding appeals of two Zoning By-law Amendments that would permit an additional single-detached dwelling and an on-farm diversified use on the subject lands.

The parties requested additional time to finalize a Procedural Order and Issues List due to ongoing settlement discussions.

The Tribunal scheduled a second Case Management Conference and directed the remaining party to submit the draft Procedural Order and Issues List.

At a third Case Management Conference regarding appeals for a proposed 60-storey mixed-use development at 295 Jarvis Street, the Tribunal considered a late request for party status from a tenant of the subject property.

Given extenuating circumstances and the consent of the parties, the Tribunal granted the tenant party status.

The Tribunal also scheduled a hearing in writing to consider a settlement agreement reached between the parties.

The City of Toronto brought a request for directions before the Ontario Land Tribunal.

The Tribunal issued an amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in the Appearances section of its previous decision issued on April 18, 2024.

The decision was amended to accurately reflect the counsel who appeared for the parties.

At a Case Management Conference for appeals of the City of Burlington's Official Plan Amendment No. 130, the City requested an amendment to the Procedural Order to change the order of argument so it could present first.

The Tribunal dismissed the request, finding the City failed to demonstrate undue prejudice to justify altering the previously ordered procedure, especially since evidence would be submitted in writing.

The Tribunal granted a joint request to adjourn the merit hearing to allow the parties to consider impending provincial legislation.

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 Ontario Land Tribunal initiated a motion to dismiss an appeal of a zoning by-law amendment that facilitated the multi-phase redevelopment of the Regent Park affordable housing project.

The appellant argued the amendment violated an Official Plan Amendment and the Provincial Policy Statement.

The Tribunal found the notice of appeal contained only bare assertions without explaining how or why the by-law failed to conform to planning policies.

Preferring the detailed expert evidence of the applicant's planner over the appellant's expert, the Tribunal concluded the appeal did not disclose any genuine, legitimate, and authentic land use planning grounds and dismissed the appeal without a hearing.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the municipality for failing to make a decision on a Zoning By-law Amendment application.

The application seeks to permit a 38-storey mixed-use building.

The Tribunal received an update on settlement discussions and approved the Procedural Order on consent of the parties, maintaining a 10-day hearing schedule.

The City of Burlington brought an uncontested motion for partial approval of its new Official Plan.

The motion sought approval for policies that were either not subject to appeal or modified to reflect existing site-specific approvals from the 1997 Official Plan.

Relying on the uncontested expert planning evidence of the City's Senior Planner, the Tribunal found that the policies satisfied all statutory tests, were consistent with provincial policies, represented good planning, and were in the public interest.

The motion for partial approval was granted.

The Tribunal held a first Case Management Conference regarding appeals by Jacob's Tent Inc. against the City of Toronto for failing to make a decision on a Zoning By-law Amendment and Site Plan Approval within statutory timeframes.

The appeals relate to a proposed mixed-use development on Danforth Avenue.

The Tribunal granted party status to several entities on consent, granted participant status to a daycare centre, approved a Procedural Order, and scheduled a 10-day hearing on the merits for February 2025.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals against the City of Toronto's Official Plan Amendment 688, which added a new complete application requirement for Site Plan Control.

The Tribunal deferred two requests for party status to a second CMC on consent.

The Tribunal directed the parties to submit a draft Procedural Order and Issues List and scheduled a second CMC for April 23, 2024.

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

The Tribunal granted party status to five adjacent or nearby landowners on consent.

The Tribunal also approved the Procedural Order and Issues List and scheduled a ten-day video hearing.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the Building Industry and Land Development Association and Burlington Healthcare Centre Inc. & Carriage Gate Inc. against the City of Burlington's Official Plan Amendment 130.

The amendment updated policies in response to Bill 109 regarding pre-consultation processes and complete planning application submissions.

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

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 2941 Eglinton East Limited Partnership concerning the City of Toronto's failure to make decisions on zoning by-law amendment and site plan control applications within the statutory timeframes.

The order establishes the issues list, order of evidence, and procedural dates leading up to a 15-day hearing scheduled to commence on August 12, 2024.