Zachary Fleisher

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against Official Plan Amendment 49 of the District of Muskoka and Official Plan Amendment 56 of the Township of Muskoka Lakes.

The Tribunal approved a revised Procedural Order submitted on consent and scheduled a seven-day video hearing on the merits.

A Case Management Conference was held regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law amendment applications for a mixed-use development.

The Toronto Region Conservation Authority and an adjacent landowner sought and were granted party status.

The Tribunal scheduled a 15-day video hearing and set deadlines for the submission of an updated Issues List and Procedural Order.

The appellant appealed a Committee of Adjustment decision refusing minor variances for maximum lot coverage, exterior main wall height, and floor space index (FSI) to permit the construction of a new two-storey detached dwelling.

The Toronto Local Appeal Body allowed the appeal, finding that the variances met the four tests under section 45(1) of the Planning Act.

The Tribunal preferred the evidence of the appellant's land use planning expert, concluding that the proposed FSI was reasonably deployed within the zoning by-law's performance standards and that the development would respect the character of the neighbourhood.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 16-storey residential building.

Prior to the hearing, the parties reached a settlement for a revised 14-storey development.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policy and the City's Official Plan, representing good planning and transit-oriented infill development.

The appeal was allowed in part, and the zoning by-law amendment was approved in principle, with the final order withheld pending the satisfaction of several conditions.

The applicant brought a motion to dismiss the appellant's appeal of a zoning by-law amendment that permitted a residential development.

The appellant failed to appear at the motion hearing.

The Tribunal found that the notice of appeal did not disclose any apparent land use planning grounds, as it relied solely on unsupported apprehensions regarding infrastructure capacity.

Given the lack of planning grounds and the appellant's failure to participate, the Tribunal concluded the appeal was frivolous, made for the purpose of delay, and had no reasonable prospect of success.

The motion was granted and the appeal was dismissed without a hearing.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 16-storey residential building.

At the second Case Management Conference, the parties advised they were close to a settlement and requested a further CMC date to provide a status update or convert the event to a settlement hearing.

The Tribunal scheduled a further CMC for January 19, 2023.

The applicant appealed to the Ontario Land Tribunal under s. 34(11) of the Planning Act due to the City's failure to make a decision on a zoning by-law amendment application for a 16-storey apartment building.

At the first Case Management Conference, the Tribunal granted party status to the Toronto Lands Corporation and participant status to three others without objection.

The Tribunal scheduled a 10-day video hearing and directed the parties to submit a finalized Procedural Order and Issues List.

A Case Management Conference was held regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law amendment applications for a mixed-use development.

The Tribunal granted party status to an abutting property owner on consent.

As the parties were engaged in settlement discussions, a second Case Management Conference was scheduled.

The appellant appealed the Town's Committee of Adjustment decision refusing minor variances to permit a cottage rental use on the subject property.

The variances sought reductions in on-site amenity area, parking stalls, and parking area setbacks.

The parties reached a settlement restricting the use to a two-bedroom cottage rental and requiring an encroachment agreement.

Based on uncontested expert planning evidence, the Tribunal found the variances met the four tests under s. 45(1) of the Planning Act and allowed the appeal, authorizing the variances subject to conditions.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for an appeal regarding a zoning by-law amendment application for a 644-unit mixed-use development in the City of Toronto.

The order sets out the hearing dates, issues list, and procedural deadlines for the exchange of evidence and witness statements.

The applicant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit a 15-storey residential apartment building.

Following a Case Management Conference, the Ontario Land Tribunal issued a Procedural Order on consent to govern the organization and conduct of the upcoming 5-day video hearing.

The Tribunal held a Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on Official Plan and Zoning By-law amendments for a proposed 80-storey mixed-use development.

The Tribunal granted party status to BentallGreenOak and participant status to two others on consent.

A 10-day hearing was scheduled for April 2023, and the parties were directed to submit a Procedural Order and Issues List.

The appellant appealed the City's approval of an Official Plan Amendment that permitted redevelopment and increased heights, arguing it failed to provide sufficient affordable housing and violated the Charter and Human Rights Code.

The applicant brought a motion to dismiss the appeal without a hearing under s. 17(45) of the Planning Act.

The Tribunal granted the motion, finding that the appeal failed to disclose any legitimate land use planning grounds, as the City's Official Plan only encouraged a target for affordable housing and the City had not enacted inclusionary zoning.

The appellant also failed to provide evidence to support its Charter and Human Rights Code claims.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 15-storey residential apartment building.

At the first Case Management Conference, the Tribunal scheduled a five-day video hearing for October 24, 2022, and directed the City to submit its Issues List by May 31, 2022.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 27-storey mixed-use building.

Prior to the hearing, the parties reached a settlement for a revised 23-storey building.

Based on the uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies, in conformity with the City's Official Plan, and representative of good planning.

The appeal was allowed and the zoning by-law amended subject to conditions, including a Section 37 community benefits contribution.

The applicant appealed the City of Hamilton's failure to make a decision on a zoning by-law amendment application to permit a student residence development.

The parties reached a settlement.

The Tribunal allowed the appeal in part, finding that the proposed development, which includes 10 and 15-storey buildings with student residences and accessory commercial uses, is consistent with the Provincial Policy Statement, conforms to the Growth Plan and local official plans, and represents good land use planning.

The Tribunal held a Case Management Conference regarding appeals of the City of Toronto's refusal to amend the Official Plan and Zoning By-law to permit an infill residential development.

The parties advised that a settlement in principle had been reached between the applicant, the City, and the TRCA, but issues remained with an added party.

The Tribunal established a timetable for the circulation of settlement materials and scheduled a further Case Management Conference to finalize the procedural order and hearing dates.

The Ontario Land Tribunal issued a procedural order for an upcoming hearing regarding an appeal by Phantom Developments Teagarden Limited.

The appeal concerns the City of Toronto's failure to adopt requested Official Plan and Zoning By-law Amendments to permit a density and height increase for a residential building.

The order establishes the hearing dates, issues list, order of evidence, and deadlines for the exchange of witness statements and documents.