Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 13, 2024

CASE NO(S).: OLT-24-000290

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 2559261 Ontario Inc.

Appellant: 389 Cleveland Street LP

Appellant: Abraham J. Green (225 Davisville Avenue) Ltd.

Appellant: Brosko Investments Limited

And others

Subject: Zoning By-law

Description: Purpose of these amendments is to implement the policies of the Yonge-Eglinton Secondary Plan (Official Plan Amendment 405)

Reference Number: ZBL 63-2024

Property Address: Yonge-Eglinton Secondary Plan Area

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-24-000290

OLT Lead Case No: OLT-24-000290

OLT Case Name: 2559261 Ontario Inc. et al. v Toronto (City)

BEFORE:

C. HARDY, VICE CHAIR

Friday, the 13th day of December, 2024

THE TRIBUNAL ORDERS that the Procedural Order, attached hereto as Appendix "1" shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing scheduled to commence at 10 AM on Monday October 6th 2025 by Videoconference. The length of the hearing will be 10 days; and

THE TRIBUNAL ORDERS that "OEF 77 Davisville L.P. (Ontario)" is substituted as an Appellant in place of "Greenrock Investments (77 Davisville Avenue) Ltd. (Appellant No. 8)".

The Tribunal accepts the withdrawal of the appeal of Abraham J. Green (225 Davisville Avenue) Ltd. (Appellant No. 9);

"Euken Lui"

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Appendix "1"

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the Parties' request or its own motion.

Organization of the Hearing

2. The hearing will begin on Monday October 6th 2025 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be about 10 (Ten) days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues, where possible. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence is set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties' consent, subject to the Tribunal's approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative's name, address, email address and the phone number.

8. If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website (https://olt.gov.on.ca/guides/).

Requirements Before the Hearing

9. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered at least one hundred and twenty one (121) calendar days before the hearing (on or before Monday June 9 , 2025). For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal's Rules and notice of same must be served on the other Parties (on or before Monday June 30, 2025) (102 days before the hearing is scheduled to commence).

10. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal at least fourteen days (14) days prior to date for Expert Witness Statements as stated in Section 14 (on or before Monday July 21st , 202), if agreement is reached.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 14. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal's Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same as the delivery of expert witness statements, as in Section 14.

12. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before Monday, August 4th*, 2025 (sixty-seven (67) calendar days prior to the scheduled commencement of the hearing) or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the Party calling them must file a brief outline of the expert's evidence, as in Section 14.

14. On or before Tuesday August 5th, , 2025 (sixty-eight (67) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

15. On or before Friday, August 22nd, 2025 (forty-five (45) calendar days prior to the scheduled commencement of the hearing) the Parties may provide to all other Parties a written response to any written evidence.

16. On or before Wednesday August 27th , 2025 (forty (40) calendar days prior to the scheduled commencement of the hearing), the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

17. On or before Monday September 8th , 2025 (thirty (32) calendar days prior to the scheduled commencement of the hearing), the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal's Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.

19. A Party who provides a witness' written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

20. On or before Monday, September 22nd, 2025* ( fourteen (14) days before the commencement of the hearing), the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the "Work Plan"). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

21. The Parties shall prepare a Joint Document Book on or before Tuesday September 16 , 2025 (20 days before the hearing is scheduled to commence), and which one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 22.

22. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal's Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 22 applies regardless if the hearing event is in-person or electronic.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness The Tribunal's Rule 17 applies to such requests.

24. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

25. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member ) Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
June 9th , 2025 (120 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
June 30, 2025* (100 days prior to hearing)	Last date to challenge identification of expert witness
July 14th 2025* (83 days prior to hearing)	Experts meeting prior to this date
July 14, 2025* (83 days prior to hearing)	Agreed Statement of Facts
August 5, 2025* (68 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
August 22nd , 2025* (45 days prior to hearing)	Exchange of Reply Witness Statements (if any)
August 27th, 2025* (40 days prior to hearing)	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
September 8th, 2025* (32 days prior to hearing)	Exchange of visual evidence (if any)
September 22nd , 2025* (14 days prior to hearing)	Final Work Plan filed with the Tribunal
September 16, 2025* (20 days prior to hearing)	Finalize Joint Document Book
October 6, 2025*	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

*Counsel/Agent

1. City of Toronto Gabe Szobel/Jessica Braun City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 E-mail: gabe.szobel@toronto.ca jessica.braun@toronoto.ca Tel: (416) 338-1889/392-7237 Fax: 416-397-5624

2. GR Feldman Investments Ltd. Maggie Bassani Aird and Berlis LLP 181 Bay Street, #1800 Toronto, ON M5J 2T9 E-mail: mbassani@airdberlis.com Tel.: (416) 865-3401 Fax: (416) 863-1515

3. OEF 77 Davisville L.P. (Ontario) Mark Flowers Davies Howe Partners LLP 425 Adelaide Street W. 10th Floor Toronto, ON M5V 3C1 E-mail: markf@davieshowe.com Tel.: (416) 977-7088 Fax: (416) 977-8931

4. ZWD Developments Limited Marc Kemerer McMillan 181 Bay Street #4400 Toronto, ON M5J 2T3 E-mail: marc.kemerer@mcmillan.ca Tel: (416) 865-7222 Fax: (416) 865-7048

5. 389 Cleveland Street LP Max Laskin Goodmans LLP 333 Bay Street #3400 Toronto, ON M5H 2S7 E-mail: mlaskin@goodmans.ca Tel: (416) 849-6938

6. RW 124 Development Corporation, RW 136 Development Corporation, RW 77 Land Corporation, Brosko Investments Limited Joe Hoffman Goodmans LLP 333 Bay Street #3400 Toronto, ON M5H 2S7 E-mail: jhoffman@goodmans.ca Tel:: (416) 597-5168

7. MOD Developments (Redpath) Limited Partnership Eileen P.K. Costello Aird and Berlis LLP Brookfield Place, 181 Bay St. #1800 Toronto, ON M5J 2T9 E-mail: ecostello@airdberlis.com Tel: (416) 865-2740

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party's intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

Issues List Calmo Inc. – City of Toronto By-law 63-2024

Provincial Legislation and Policy

1. Does By-law 63-2024 have regard to the matters of provincial interest set out in section 2 of the Planning Act, including subsections (e), (f), (h), (j), (k), (m), (n), (p), (q) and (r)?

Is By-law 63-2024 consistent with the Provincial Policy Statement (2024), including policies 2.1.1, 2.1.2, 2.1,3, 2.1.4, 2.1.5, 2.1.6, 2.2.1, 2.3.1, 2.4.1, 2.4.2, 2.9, 3.1, 3.2, 6.1.5, 6.1.7, 6.1.12 and 6.2.1?

2. Does the Planning Act provide the necessary statutory authority to impose minimum unit size requirements through a zoning by-law?

City of Toronto Official Plan Policies

3. Does By-law 63-2024 conform to and/or maintain the intent and purpose of the City of Toronto Official Plan, including the following policies:

a. Chapter 2 – Shaping the City: 2.2.1, 2.3.1.2, 2.3.1.3, 2.4.4

b. Chapter 3 – Building a Successful City: 3.1.3.1, 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.4.7,3.1.4.8, 3.1.4.9, 3.1.4.10, 3.1.4.11, 3.2.1.1, 3.5.1.3

c. Chapter 4 – Land Use Designations: 4.2.2, 4.2.3

d. Chapter 5 – Implementation: Making Things Happen: 5.2.1.1, 5.2.1.2, 5.2.1.3, 5.2.1.4, 5.2.1.5, 5.3.1.1

4. Does By-law 63-2024 conform to and/or maintain the intent and purpose of the City of Toronto Yonge-Eglinton Secondary Plan?

5. Does By-law 63-2024 conform to and/or maintain the intent and purpose of Council-adopted Official Plan Amendment 570, and in particular, Site and Area Specific Policies 680, 722 and 723?

Non-Statutory Planning Documents

6. Does By-law 63-2024 appropriately respond to and contribute towards achieving the strategies outlined in the 2041 Regional Transportation Plan for the Greater Toronto and Hamilton Area?

7. Do the performance standards in By-law 63-2024 have adequate regard to the City of Toronto Tall Building Design Guidelines?

8. Are the development standards with respect to the following matters appropriate and do they represent good planning:

a. maximum building heights;

b. minimum densities;

c. minimum landscaping requirements;

d. minimum setback and stepback requirements;

e. maximum floor plate size;

f. maximum encroachment of balconies into building setbacks;

g. minimum separation distances between main walls; and

h. minimum unit sizes?

9. Do the built form standards in the By-law have appropriate regard for the existing and planned context?

Good Planning and Public Interest

10. Does By-law 63-2024 represent good planning and is it in the public interest?

11. Is the By-law drafted with sufficient clarity to allow for consistent interpretation and application?

12. Are the transition clauses in the By-law appropriate?

APPEALS OF ZONING BY-LAW NO. 595-2022

ISSUES LIST OF CSG YONGE MANOR LIMITED AND CSG HILLSDALE LIMITED

1. Does Zoning By-law No. 595-2022 represent good planning as it would apply to 2079-2111 Yonge Street, 12-20 Manor Road East and 9-11, 31, 35-41 Hillsdale East (the "Properties").? In particular, does Zoning By-law No. 595-2022 inappropriately limit intensification of the properties?

2. Should zoning permissions for the Properties be determined through a site-specific rezoning process? If the Tribunal approves a site-specific zoning by-law amendment for the Properties, should that approval be incorporated into, or otherwise reflected in, Zoning By-law No. 595-2022?

3. Is Zoning By-law No. 595-2022, as it would apply to the Properties, consistent with the Provincial Planning Statement (2024), and in particular policies 2.1.6, 2.2.1, 2.3.1.2, 2.3.1.3, 2.4.1.2, 2.4.1.3, 2.4.2.3, 2.4.2.6, 3.1.2 and 3.2.2?

4. Does Zoning By-law No. 595-2022, as it would apply to the properties, conform to the City of Toronto Official Plan, and in particular policies 2.2.2, 2.2.2.1, 2.2.2.2, 2.4.4, and 4.5.2?

5. Does Zoning By-law No. 595-2022, as it would apply to the Properties, conform to the Yonge-Eglinton Secondary Plan (OPA 405), and in particular policies 1.2.1, 1.3.5, 2.1.1, 2.4, 2.5, 5.1, 5.3, 5.4, 5.6, and 7.1, and Maps 21-2, 21-3 and 21-4?

6. Should the eastern boundary of Diagram 1E in Zoning By-law 595-2022 be revised to include the Properties in their entirety? Should Diagram 3E be amended to remove the proposed zoning of a portion of the Properties as OR (x39)?

7. Is the maximum height in Zoning By-law No. 595-2022 proposed for the Properties appropriate and good planning or does it inappropriately restrict the intensification potential of the Properties in accordance with the above-noted policy documents?

8. Are the setbacks, stepbacks, tower separation and floor plate sizes in Zoning By-law No. 595-2022 proposed for the Properties appropriate and good planning or do they inappropriately restrict the intensification potential of the Properties in accordance with the above-noted policy documents? Do these zoning provisions recognize the potential for a hybrid built form typology?

9. Is a 5.0 metre setback required from lands zoned as Open Space?

10. Is it appropriate and good planning to require 15% of the total number of dwelling units to provide a minimum interior floor area of 90 square metres?

11. Are limitations on at-grade residential uses in Zoning By-law No 595-2022 proposed for the Properties appropriate and good planning?

Draft Issues List of Brosko Investment Limited

City of Toronto By-law 63-2024

1. Does By-law 63-2024 (the "By-law") have regard to the matters of provincial interest set out in section 2 of the Planning Act, including subsections (e), (f), (h), (j), (k), (m), (n), (p), (q) and (r)?

2. Is the By-law consistent with the Provincial Policy Statement (2020), including policies 2.2, 2.3.1, 2.4.1, 2.4.2, 2.9, 3.1, 3.2, 6.1.5, 6.1.6, 6.1.7, 6.1.12 and 6.2.1?

3. Does the By-law conform with the City of Toronto Official Plan, including the following sections/policies:

a. Chapter 2 – Shaping the City: 2.2, 2.2.1, 2.2.2, 2.3.1, 2.4.4

b. Chapter 3 – Building a Successful City: 3.1.3, 3.1.4, 3.2.1, 3.5

c. Chapter 4 – Land Use Designations: 4.2.2

d. Chapter 5 – Implementation: Making Things Happen: 5.2.1, 5.3.1.1

4. Does the By-law conform with the Yonge-Eglinton Secondary Plan?

5. Does the By-law conform with Official Plan Amendment 570, and in particular, Site and Area Specific Policy 680?

6. Are the By-law's non-residential use permissions appropriate and do they represent good planning? Should the range of non-residential uses permitted be expanded?

7. Are the development standards with respect to the following matters appropriate and do they represent good planning:

a. maximum building heights;

b. minimum densities;

c. minimum landscaping requirements;

d. minimum setback and stepback requirements;

e. maximum floor plate size;

f. maximum encroachment of balconies into building setbacks;

g. minimum separation distances between main walls; and

h. minimum unit sizes?

8. Do the built form standards in the By-law have appropriate regard for the existing and planned context?

9. Does the By-law provide sufficient flexibility to support as-of-right development in accordance with the Secondary Plan?

10. Does the Planning Act provide the necessary statutory authority to impose minimum unit size requirements through a zoning by-law?

11. Is the By-law drafted with sufficient clarity to allow for consistent interpretation and application?

Draft Issues List of The RW 124 Development Corporation, The RW 136 Development Corporation and The RW 77 Land Corporation

City of Toronto By-law 63-2024

12. Does By-law 63-2024 (the "By-law") have regard to the matters of provincial interest set out in section 2 of the Planning Act, including subsections (e), (f), (h), (j), (k), (m), (n), (p), (q) and (r)?

13. Is the By-law consistent with the Provincial Policy Statement (2020), including policies 2.2, 2.3.1, 2.4.1, 2.4.2, 2.9, 3.1, 3.2, 6.1.5, 6.1.6, 6.1.7, 6.1.12 and 6.2.1?

14. Does the By-law conform to the City of Toronto Official Plan, including the following sections/policies:

a. Chapter 2 – Shaping the City: 2.2, 2.2.1, 2.2.2, 2.3.1, 2.4.4

b. Chapter 3 – Building a Successful City: 3.1.3, 3.1.4, 3.2.1, 3.5

c. Chapter 4 – Land Use Designations: 4.2.2

d. Chapter 5 – Implementation: Making Things Happen: 5.2.1, 5.3.1.1

15. Does the By-law conform to the Yonge-Eglinton Secondary Plan?

16. Does the By-law conform to Official Plan Amendment 570, and in particular, Site and Area Specific Policy 680 and 723?

17. Are the development standards with respect to the following matters appropriate and do they represent good planning:

a. maximum building heights;

b. minimum densities;

c. minimum landscaping requirements;

d. minimum setback and stepback requirements;

e. maximum floor plate size;

f. maximum encroachment of balconies into building setbacks;

g. minimum separation distances between main walls; and

h. minimum unit sizes?

18. Do the built form standards in the By-law have appropriate regard for the existing and planned context?

19. Does the Planning Act provide the necessary statutory authority to impose minimum unit size requirements through a zoning by-law?

20. Is the By-law drafted with sufficient clarity to allow for consistent interpretation and application?

21. Are the transition clauses in the By-law appropriate?

22. Does the By-law require modification to reflect the redevelopment approvals of zoning by-law amendments for the lands known municipally as 124 and 136 Broadway Avenue and 77 Roehampton Avenue?

OLT-24-000290

ZWD Issues List

25 Davisville Avenue

Updated 2 December 2024

Provincial Legislation and Policy

1. Does By-law 63-2024 have regard to the matters of provincial interest set out in section 2 of the Planning Act, including subsections (e), (f), (h), (j), (k), (m), (n), (p), (q) and (r)?

2. Is By-law 63-2024 consistent with the Provincial Planning Statement, 2024, including policies 2.1.4, 2.1.6, 2.2.1, 2.3.1.1, 2.3.1.2, 2.3.1.3, 2.3.1.4, 2.3.1.5, 2.4.1.1, 2.4.1.2, 2.4.1.3, 2.4.2.2, 2.4.2.3, 2.4.2.6, 2.4.3.1, 2.9.1, 3.1.1, 3.2.2, 6.1.5, 6.1.6, 6.1.12 and 6.2.1.

City of Toronto Official Plan Policies

3. Does By-law 63-2024 conform to and/or maintain the intent and purpose of the City of Toronto Official Plan, including the following policies:

a. Chapter 2 – Shaping the City: 2.2.1, 2.3.1.2, 2.3.1.3, 2.4.4

b. Chapter 3 – Building a Successful City: 3.1.3.1, 3.1.3.3, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.4.9, 3.1.4.10, 3.1.4.11, 3.2.1.1, 3.5.1.3

c. Chapter 4 – Land Use Designations: 4.2.2

d. Chapter 5 – Implementation: Making Things Happen: 5.2.1.1, 5.2.1.2, 5.2.1.3, 5.2.1.4, 5.2.1.5, 5.3.1.1

4. Does By-law 63-2024 conform to and/or maintain the intent and purpose of the City of Toronto Yonge-Eglinton Secondary Plan, including the following policies:

a. Chapter 1 – Vision: 1.2.1.e, 1.3.3

b. Chapter 2 – Area Structure: 2.1.1, 2.4.1, 2.4.1.1, 2.4.1.2, 2.4.1.3, 2.4.2, 2.4.4

c. Chapter 3 – Parks and Public Realm: 3.2.8

d. Chapter 5 – Built Form: 5.1.1, 5.3.1, 5.3.4, 5.3.5, 5.3.31, 5.3.33, 5.3.34, 5.3.35, 5.3.36, 5.3.38, 5.3.41, 5.3.45, 5.4.3.h

e. Chapter 7 – Housing: 7.1

5. Does By-law 63-2024 conform to and/or maintain the intent and purpose of Council-adopted Official Plan Amendment 570, and in particular, Site and Area Specific Policy 722?

Non-Statutory Planning Documents

6. Does By-law 63-2024 appropriately respond to and contribute towards achieving the strategies outlined in the 2041 Regional Transportation Plan for the Greater Toronto and Hamilton Area?

7. Do the performance standards in By-law 63-2024 have adequate regard to the City of Toronto Tall Building Design Guidelines?

Appeals of City of Toronto Zoning By-law No. 63-2024 OLT Case No.: OLT-24-000290

Issues List of OEF 77 Davisville L.P. (Ontario)

1. Does By-law No. 63-2024 include development standards that would inappropriately limit redevelopment potential within the area subject to the by-law and thereby limit opportunities for increasing housing supply?

2. Does By-law No. 63-2024 seek to regulate matters that are more appropriately addressed in a guideline document and should therefore be removed from the by-law?

3. Does By-law No. 63-2024 seek to impose requirements that are more restrictive than existing City guideline documents and, if so, is this appropriate?

4. Is By-law No. 63-2024 inconsistent with the 2024 Provincial Planning Statement, including policies 2.2, 2.3.1, 2.4.1, 2.4.2, 2.9, 3.1, 3.2, 6.1.5, 6.1.6, 6.1.7, 6.1.12 and 6.2.1?

5. Does By-law No. 63-2024 fail to conform with the City of Toronto Official Plan, including policies 2.2.2.1, 2.3.1.2, 2.4.4, 3.1.3, 3.1.4.7 through 3.1.4.12, 3.2.1.1. 3.2.1.2, 3.5.1.3, 4.2.2 and 4.2.3?

6. Does By-law No. 63-2024 fail to conform with the Yonge-Eglinton Secondary Plan, including policies 1.2.1, 1.3.3, 2.4.1 through 2.4.1.3, 2.4.2, 2.4.3, 2.4.4, 2.5.1, 2.5.2, 2.5.10, 3.1.7, 3.1.8, 3.1.9, 3.2.8, 3.3.2, 3.3.5, 4.13 through 4.16, 4.32, 5.1.1, 5.3.1, 5.3.4, 5.3.5, 5.3.31, 5.3.33, 5.3.34, 5.3.35, 5.3.36, 5.3.38, 5.3.41, 5.3.44, 5.3.45, 5.3.48, 5.3.49, 5.3.53, 5.4.3, 6.3 and 7.1?

7. Should the lands municipally known as 77 Davisville Avenue be subject to any site-specific provisions within By-law No. 63-2024?

8. If an exception or site-specific provision is appropriate for the lands municipally known as 77 Davisville Avenue, should By-law No. 22535 continue to prevail?

Draft Issues List of 389 Cleveland Street LP

City of Toronto By-law 63-2024

23. Does By-law 63-2024 (the "By-law") have regard to the matters of provincial interest set out in section 2 of the Planning Act, including subsections (e), (f), (h), (j), (k), (m), (n), (p), (q) and (r)?

24. Is the By-law consistent with the Provincial Policy Statement (2024), including sections 2.1.4, 2.1.6, 2.2, 2.3.1.1-2.3.1.4, 2.4, 3.2.2, 6.1 and 6.2.1?

25. Does the By-law conform to the City of Toronto Official Plan, including the following sections/policies:

a. Chapter 2 – Shaping the City: 2.2, 2.2.1, 2.2.2, 2.3.1, 2.4.4

b. Chapter 3 – Building a Successful City: 3.1.3, 3.1.4, 3.2.1, 3.5

c. Chapter 4 – Land Use Designations: 4.2.2

d. Chapter 5 – Implementation: Making Things Happen: 5.2.1, 5.3.1.1

26. Does the By-law conform to the Yonge-Eglinton Secondary Plan?

27. Does the By-law conform to Official Plan Amendment 570, and in particular, Site and Area Specific Policy 681?

28. Are the By-law's non-residential use permissions appropriate and do they represent good planning? Should the range of permitted non-residential uses be expanded?

29. Are the development standards with respect to the following matters appropriate and do they represent good planning:

a. maximum building heights;

b. minimum densities;

c. minimum landscaping requirements;

d. minimum setback and stepback requirements;

e. maximum floor plate size;

f. maximum encroachment of balconies into building setbacks;

g. minimum separation distances between main walls; and

h. minimum unit sizes?

30. Is the maximum floor plate size in the By-law appropriate as it applies to mid-rise buildings?

31. Do the built form standards in the By-law have appropriate regard for the existing and planned context?

32. Does the Planning Act provide the necessary statutory authority to impose minimum unit size requirements through a zoning by-law?

33. Is the By-law drafted with sufficient clarity to allow for consistent interpretation and application?

34. Are the transition clauses in the By-law appropriate?

35. Does the By-law require modification to reflect City Council's approval of zoning by-law amendments for the lands known municipally as 501-503 Eglinton Avenue East and 383-389 Cleveland Street?

Issues List of MOD Developments (Redpath) Limited Partnership

1. Is ZBL 63-2024 consistent with the Provincial Policy Statement, 2020, including but not limited to Section 1.4 (Housing)?

2. Does ZBL 63-2024 conform with A Place to Grow: The Growth Plan for the Greater Golden Horseshoe, 2019, as amended, including but not limited to Section 2.2.6(Housing)?

3. Does ZBL 63-2024 conform to the in-force City of Toronto Official Plan Amendment 405 as approved by the Minister of Municipal Affairs and Housing, including but not limited to Section 7 (Housing)?

4. Should Regulation (BB)(iii) under Clause 10 of ZBL 63-2024 be revised to delete the words "an additional" for clarity?

5. Does Regulation (BB)(iii) under Clause 10 of ZBL 63-2024 have the effect of requiring that new units sought through future variances on sites with transitioned approvals would be subject to the 15% requirement of minimum unit sizes of 87m2? If so, should Regulation (BB)(iii) under Clause 10 be revised to remove the minimum unit size requirement and replace it with "combination of 2-bedroom and 3-bedroom units, or units that can be converted to 2-bedroom and 3-bedroom units through the use of adaptable design measures"

6 Does ZBL 63-2024 represent good planning?

Issues List of G.R. Feldman Investments Ltd.

OLT Case No. OLT-24-000290 (Appeal of City of Toronto Zoning By-law 63-2024)

1. Does Zoning By-law 63-2024 appropriately reflect the development approved for 45 and 57-93 Balliol Street through site-specific By-law 983-2023?

2. Do Diagrams 1D, 3E and 4D of Zoning By-law 63-2024 maintain a consistent approach to the depiction and treatment of parkland dedications?

ATTACHMENT 4

ORDER OF EVIDENCE

NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.

A. City of Toronto

B. Appellants

C. City of Toronto - Reply

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other Parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a Party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a Party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorization from the Party.

NOTE that a person who wishes to become a Party before or at the hearing, and who did not request this at the Case Management Conference, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal's Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence: Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a Party intends to present as evidence at the hearing.

Witness Statements: A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which the witness will discuss and the witness' opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert's (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the Party presenting the witness;
• direct examination by any Party of similar interest, in the manner determined by the Tribunal;
• cross-examination by Parties of opposite interest;
• re-examination by the Party presenting the witness; or
• another order of examination mutually agreed among the Parties or directed by the Tribunal.