Signe Leisk

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings leading up to and including a 21-day hearing scheduled to commence on June 3, 2024.

The hearing concerns appeals of the City of Toronto's Proposed Official Plan Amendment No. 183 and By-law No. 235-2-16, which designates the Historic Yonge Street Heritage Conservation District and Plan.

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.

This was the second Case Management Conference regarding appeals of the City of Burlington's Official Plan Amendment No. 130, which implemented changes related to Bill 109.

The Tribunal accepted the parties' jointly proposed approach for a draft Procedural Order, noting the hearing would be based primarily on legal arguments.

The Tribunal ordered the parties to exchange issues and file a final draft Procedural Order with an Issues List by early February 2024.

The Tribunal held a second Case Management Conference regarding an appeal by the appellant against the respondent's Official Plan Amendment No. 232, which implements changes related to Bill 109.

The parties requested additional time to advance settlement discussions.

The Tribunal adjourned the matter sine die and directed the parties to provide a status update by March 29, 2024.

The Ontario Land Tribunal held a Case Management Conference regarding appeals to the City of Toronto's Official Plan Amendment 615 (Yonge Street North Secondary Plan).

Morguard Investments Ltd. and Revenue Properties Company Ltd. brought a motion to have their Site and Area Specific Policy (SASP) appeal heard together with the OPA 615 appeals.

The Toronto Catholic District School Board (TCDSB) requested party status.

With no objections, the Tribunal granted the TCDSB non-appellant party status and ordered that the SASP appeal be heard together with the OPA 615 appeals to ensure procedural efficiency.

The appellant appealed the City's failure to make a decision on a Zoning By-law Amendment application to permit a 66-storey mixed-use building.

The parties reached a settlement proposing a 66-storey tower with a seven-storey podium, retail uses, and a public park dedication.

Based on uncontroverted 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 on an interim basis, approving the Zoning By-law Amendment in principle and withholding its final order pending satisfaction of conditions.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

The Building Industry and Land Development Association appealed the Town of Oakville's adoption of Official Plan Amendments 53 and 329, which updated policies in response to Bill 109.

The parties reached a settlement modifying the amendments to direct that applicants should host Public Information Meetings prior to submitting development applications.

Based on uncontested planning evidence, the Tribunal found the modifications represented good planning by formalizing a process for early public engagement.

The appeal was allowed in part to approve the modified amendments.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development at 1891 Eglinton Avenue East in Toronto.

The applicant submitted a revised application, and the parties agreed to a revised Procedural Order and a new 14-day Merit Hearing date.

The Tribunal approved the revised Procedural Order, scheduled the Merit Hearing for March 11, 2024, and directed the parties' planning experts to provide an agreed Statement of Facts.

The appellant appealed the City's failure to make a decision on a proposed Plan of Subdivision and requested that a merit hearing be scheduled.

The City opposed the request, arguing it was premature to schedule the hearing before a related Official Plan Amendment appeal decision was released.

The Tribunal agreed with the City, finding it premature to schedule a merit hearing because the parties had not yet submitted a draft Procedural Order and Issues List.

The Tribunal scheduled a further Case Management Conference.

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 31-storey mixed-use building.

The parties reached a settlement agreement, which was supported by uncontested expert planning evidence.

The Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan, and allowed the appeals in part on an interim basis, withholding the final order until specified conditions are met.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of an Official Plan Amendment and Zoning By-law Amendments to permit a 22-storey residential building.

The Tribunal granted participant status to a local resident, scheduled a three-day merit hearing, and approved the parties' Draft Procedural Order.

The Building Industry and Land Development Association appealed the Town of Ajax's Official Plan Amendment No. 71, which updated policies in response to Bill 13 and Bill 109.

At the first Case Management Conference, the parties indicated a reasonable prospect of settlement.

The Tribunal directed the parties to provide a written status update by January 10, 2024, rather than scheduling a hearing immediately.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the respondent for failing to make decisions on Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision applications.

The applications seek to permit two mixed-use residential buildings of 40 and 42 storeys.

The Tribunal finalized the Procedural Order and Issues List and scheduled a 15-day hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Pickering's Official Plan Amendment No. 46.

The Tribunal granted party status to PTC Ownership LP on consent.

The parties indicated an openness to mediation and settlement discussions.

A second Case Management Conference was scheduled for December 6, 2023, and the parties were directed to submit a draft Procedural Order prior to that date.

The Tribunal held a first Case Management Conference regarding an appeal by the Building Industry and Land Development Association against the City of Brampton's Official Plan Amendment No. 232.

The parties requested time to continue settlement discussions and identify issues.

The Tribunal scheduled a second Case Management Conference and directed the parties to submit a draft Procedural Order and Issues List by December 15, 2023.

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 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 Ontario Land Tribunal issued a Procedural Order to govern the required procedures leading up to and including the hearing for appeals concerning an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to permit a mixed-use development consisting of 35-storey and 55-storey towers at 2721 Danforth Avenue in Toronto.

The hearing is scheduled to commence on September 23, 2024, for 15 days.