Stephen J. D’Agostino

The Ontario Land Tribunal held a Case Management Conference to receive status updates on the remaining appeals to the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The City provided updates on Phase 7 parking regulations appeals, topic-specific appeals including cemeteries, multi-tenant housing, places of worship, propane storage, and school boards, as well as several site-specific appeals.

The Tribunal scheduled a further Case Management Conference for May 7, 2024, to receive additional updates and address potential settlements or motions to dismiss inactive appeals.

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

The Tribunal granted participant status to several individuals and groups.

A nine-day video hearing was scheduled to commence on May 21, 2024, and deadlines were set for the submission of a revised Procedural Order and Issues List.

This was the second Case Management Conference regarding appeals by 1063755 Ontario Limited and the Municipality of West Grey against the County of Grey's adoption of Official Plan Amendment No. 11.

The Tribunal scheduled a 10-day video hearing to commence on May 27, 2024, and approved the revised Procedural Order and Issues List on consent to govern the proceedings.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals of the City of Sarnia's new Official Plan.

The Tribunal adjourned the appeals by the Bright Grove Appellants sine die, pending the outcome of a proposed new Provincial Policy Statement regarding settlement area expansions.

The Tribunal also scheduled a two-day merit hearing for the appeals by the Short-Term Rental Appellants and directed the parties to submit a draft Procedural Order.

At a Case Management Conference regarding appeals of four development charge by-laws, the City of Kawartha Lakes brought motions to dismiss three appellants who had withdrawn or ceased participating, and to consolidate the hearing of all four by-laws.

The Tribunal granted both motions as unopposed.

The appeals of Dunster Investments Inc., Mason Homes Limited, and The Orsi Land Group were dismissed.

The remaining appeal by J. Stollar Construction Limited will proceed to a phased merit hearing, and a procedural order was approved.

The Town of Hanover brought a motion to be added as a non-appellant party to appeals against the County of Grey's Official Plan Amendment 11 (OPA 11).

OPA 11 identifies Future Secondary Plan Areas adjacent to the Town's boundaries to accommodate future growth.

The appellants, 1063755 Ontario Limited and the Municipality of West Grey, opposed the motion, arguing that the Town's participation was unnecessary and would duplicate the County's evidence.

The Tribunal granted the motion, finding that the Town has a direct interest in the policies related to future growth and that procedural fairness favours its addition as a party, as the interests of upper and lower-tier municipalities are distinct.

The Tribunal held a Case Management Conference regarding multiple appeals of the Vaughan Official Plan and related site-specific zoning and subdivision applications.

The Tribunal scheduled a Phase 3 Hearing for the Yonge-Steeles Corridor Secondary Plan and approved a final Procedural Order.

A request by an adjacent landowner to join its appeals to the Phase 3 Hearing was denied due to the advanced stage of the proceedings and the need for proper notice.

The Ontario Land Tribunal issued a Procedural Order following a case management conference regarding appeals of the Town of Plympton-Wyoming's Official Plan Amendments 51 and 54.

The appeals concern a request to permit a surplus farm dwelling severance and the Town's five-year review of its Official Plan.

The Order sets out the hearing schedule, issues list, and procedural requirements for the video hearing scheduled to commence on December 11, 2023.

At a case management conference, the Ontario Land Tribunal addressed two motions regarding appeals of Official Plan Amendments 51 and 54.

On consent, the Tribunal ordered the appeals to be heard together.

The Tribunal also ordered the appellant to provide substantive responses to the Town's request for particulars on a without prejudice basis.

A five-day video hearing was scheduled for December 2023.

At a Case Management Conference regarding appeals of the Town of Plympton-Wyoming Official Plan Amendment No. 54, the Tribunal ordered the separation of the Southside Construction Management Limited appeal from the Venture Group appeal.

The Southside appeal was adjourned sine die on consent to be considered with future site-specific applications.

A second Case Management Conference was scheduled for the Venture Group appeal to allow for ongoing settlement discussions and to be heard together with a related appeal.

Multiple appeals were filed regarding the Yonge Steeles Corridor Secondary Plan (YSCSP) and related site-specific zoning and subdivision applications in the City of Vaughan.

Following extensive study and settlements among the parties, the Tribunal approved modifications to the YSCSP that facilitate a transition from low-density, automobile-oriented commercial uses to a high-density, transit-supportive, mixed-use community.

The approved plan directs the tallest buildings to the Yonge-Steeles intersection, incorporates new street networks, and requires substantial linear parkland.

The Tribunal found the modified YSCSP consistent with the Provincial Policy Statement and in conformity with the Growth Plan and Regional Official Plan.

Two specific policies regarding parking and holding provisions, along with site-specific zoning and subdivision appeals, were deferred to a subsequent hearing phase.

The Tribunal held a Case Management Conference regarding appeals against the City of Kawartha Lakes' Development Charges By-laws.

Several appellants did not appear.

The Tribunal scheduled a further Case Management Conference for October 2022 and a 19-day hearing on the merits for July 2023.

Directions were given for the preparation of a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the City of Kawartha Lakes 2012 Official Plan.

The parties confirmed that a Phase 3 hearing was no longer necessary and scoped the remaining issues for a Phase 4 hearing.

The Tribunal approved the final Procedural Order and Issues List for the Phase 4 hearing, scheduled a six-week hearing for May 2023, and granted party status to Ibrans Developments Ltd. on consent.

A Case Management Conference was held regarding multiple appeals of the City of Toronto's comprehensive Zoning By-law No. 569-2013.

The Tribunal received updates on topic-specific and site-specific appeals, noting ongoing settlement discussions and the impact of a new parking by-law.

The Tribunal scheduled a one-day settlement hearing for the University of Toronto appeal and a further Case Management Conference to address the status of the draft By-law.

A Case Management Conference was held regarding a claim for compensation under the Expropriations Act concerning a property in Toronto.

The parties agreed on the terms of a Procedural Order to govern the hearing.

The Tribunal scheduled a five-day video hearing and issued the agreed Procedural Order.

A Case Management Conference was held regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and related amendments.

The Tribunal addressed a request for an adjournment based on a pending disposition letter, confirmed there were no concerns with certain lands remaining within the Lindsay urban settlement boundary, extended the deadline for the Agreed Statement of Facts, and scheduled a further Case Management Conference for January 2022.

The respondent school board expropriated 18 townhouses to facilitate a school site expansion.

The Tribunal received 15 claims for compensation and convened a Case Management Conference.

The parties agreed to have the claims heard together in a single six-week hearing for efficiency.

The Tribunal scheduled the hearing and a second Case Management Conference, and provided directions for a revised Procedural Order.

The applicant sought costs of $109,056.02 against the Town following successful appeals to amend a zoning by-law and approve a site plan.

The applicant alleged the Town engaged in unreasonable, frivolous, vexatious, and bad faith conduct by delaying its issues list, enacting an interim control by-law to seek adjournments, and failing to present evidence at the hearing.

The Tribunal found no clearly unreasonable conduct, noting the issues list was submitted on time, the adjournment requests were brought with notice and raised substantive issues, and the failure to call witnesses avoided duplication and made for a more efficient hearing.

The motion for costs was denied.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and various Official Plan Amendments.

The Tribunal granted a motion for disclosure, allowing information pertaining to servicing capacity to be entered into evidence at the upcoming hearing.

The Tribunal denied a request by certain appellants to postpone dealing with the Lindsay urban boundary issue, directing that the hearing proceed as originally scheduled.

Finally, the Tribunal approved the modified Official Plan Schedules A-2, A-4, and A-5, and finalized the Procedural Order for the Phase 2 hearing.

At a Case Management Conference regarding appeals of the City of Kawartha Lakes 2012 Official Plan, Bromont Homes Inc. sought clarification on whether the urban settlement boundary for Lindsay remained a live issue for the upcoming Phase 2 Hearing.

The City and other parties argued the issue was settled and Bromont should have appealed to the Divisional Court.

The Tribunal found that previous orders explicitly preserved Bromont's right to argue against the boundary adjustment and ordered that the issue will be adjudicated at the upcoming hearing.