Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 2, 2025
CASE NO.: OLT-24-000128
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 4696 Yonge LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit redevelopment of the property with a 40-storey mixed use building containing 536 residential dwelling units
Reference Number: 24 146352 NNY 18 OZ
Property Address: 4696 Yonge Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000128
OLT Case Name: 4696 Yonge LP v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 4696 Yonge LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit redevelopment of the property with a 40-storey mixed use building containing 536 residential dwelling units
Reference Number: 24 146352 NNY 18 OZ
Property Address: 4696 Yonge Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000129
OLT Lead Case No.: OLT-25-000128
OLT Case Name: 4696 Yonge LP v. Toronto (City)
BEFORE:
S. BRAUN
Wednesday, the 1st
VICE-CHAIR
day of October, 2025
THESE MATTERS, having come before the Tribunal as a written hearing to consider a settlement reached between 4696 Yonge LP (“Appellant”) and the City of Toronto (“City”) of appeals pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”);
AND THE TRIBUNAL having received materials submitted in support of the proposed settlement, on the consent of all Parties, requesting an Interim Order allowing the appeals, in part, and approving the draft Official Plan Amendment and draft Zoning By-law Amendment (collectively, “proposed instruments”) in principle, and withholding a Final Order pending confirmation of the satisfaction of several pre-requisite conditions detailed below;
AND THE TRIBUNAL having considered the aforementioned materials, which include sworn affidavit evidence from David McKay, Registered Professional Planner, whom the Tribunal herein recognizes as qualified to provide opinion evidence in the area of land use planning;
AND THE TRIBUNAL having received and considered the written Participant statement of J. Winter Di Cola in rendering a decision on these matters;
AND THE TRIBUNAL having accepted the uncontroverted evidence of Mr. McKay, which provides a detailed overview of the proposed instruments and the development they would permit on the Subject Lands (4696 Yonge Street), and which addresses the concerns raised by the Participant;
AND THE TRIBUNAL having been satisfied by the evidence of Mr. McKay, that the proposed instruments demonstrate appropriate regard for applicable matters of provincial interest in s. 2 of the Act; consistency with the Provincial Planning Statement, 2024; conformity with the City of Toronto Official Plan including the North York Centre Secondary Plan except as is proposed to be amended and Official Plan Amendment No. 570, and represent good planning in the public interest, in that they:
allow for appropriate intensification of underutilized lands with transit-supportive development that optimizes existing and planned infrastructure within a Mixed-Use Area (as defined in the City of Toronto Official Plan) and a Protected Major Transit Station Area (as delineated in OPA 570);
assist in meeting the housing objectives and contribute to the financial and economic well-being of both the Province and the City;
the formation of a complete community through development which is bicycle- and pedestrian-friendly, offers retail uses at the ground floor and a range of housing types (including a minimum of 45% of units being two-bedroom or larger);
achieve compatibility with adjacent and surrounding land uses and incorporate appropriate transition to Neighbourhoods designated lands in proximity to the Subject Lands; and
Promote sustainability, by incorporating low impact development measures and transportation demand management measures along with other green infrastructure;
AND THE TRIBUNAL having been further satisfied by the evidence that all applicable guidelines have been appropriately addressed, including but not limited to: Tall Building Design Guidelines, Growing Up Guidelines (Planning for Children in New Vertical Communities); Pet Friendly Guidelines and Bird Friendly Design Guidelines and the Retail Design Manual;
AND THE TRIBUNAL having been satisfied by the evidence of Mr. McKay, that the Participant’s concerns relating to the potential for adverse traffic impacts at the intersection of Yonge Street and Florence Avenue, as well as the potential risk of basement sewage flooding in the West Lansing neighbourhood have been appropriately addressed, in that:
Traffic impacts and impacts on basement flooding from wastewater caused by the proposed development have been the subject of comprehensive analysis and reporting reviewed by City Engineering and Construction Services staff, who provided comments of a technical nature but did not disagree with conclusions that the additional traffic generated would have modest impacts and the above noted intersection would continue to operate at acceptable levels of service and within capacity, and that the proposed development can be serviced without the need to upgrade any external sewers; and
through the various conditions of approval detailed below, additional updated work is to be undertaken to address technical comments received from City Engineering and Construction Services staff, with any identified improvements when such updates are made to be undertaken by the Owner as secured through the Site Plan Approval process;
NOW THEREFORE THE TRIBUNAL MAKES THE FOLLOWING INTERIM ORDER:
The appeals by 4696 Yonge LP pursuant to subsections 22(7) and 34(11) of the Planning Act, are allowed, in part, on an interim basis contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraphs 2(a) to (g) below, and the Official Plan Amendment and Zoning By-law Amendment set out in Attachments 1 and 2 respectively to this Interim Order, are hereby approved in principle.
The Tribunal will withhold issuance of a Final Order contingent upon confirmation from the City Solicitor, of the satisfaction of the following pre-requisite matters:
a) The Tribunal has received, and approved the final form and content of the Official Plan Amendment and Zoning By-law Amendment, confirmed to be satisfactory to the City Solicitor and the Executive Director, Development Review;
b) the Owner has submitted revised Landscape and Planting Plans, including a soil volume plan to meet Toronto Green Standard version 4 requirements, inclusive of the Toronto Green Standard requirement to provide 499 cubic metres of soil, to the satisfaction of the Executive Director, Environment and Climate and the Executive Director, Development Review;
c) the Owner has submitted a revised Pedestrian Level Wind Study, including a revised wind tunnel study with the identification of any required mitigation measures to be secured in the Zoning By-law Amendment through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review;
d) the Owner has addressed all outstanding issues raised by Engineering and Construction Services and Transportation Services as they relate to the Official Plan Amendment and Zoning By-law Amendment application as set out in their memorandum dated August 8, 2024, or as may be updated in response to further submission(s) filed by the Applicant, to the satisfaction of the Executive Director, Engineering Review;
e) the Owner, at their sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system, storm sewer system, and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Director, Engineering Review;
f) if the Functional Servicing and Stormwater Management Report accepted and satisfactory from (e) above require any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:
i. the Owner has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review; or
ii. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report in (e) above are constructed and operational, all to the satisfaction to the Director, Engineering Review; and
g) all necessary approvals or permits arising from (f)(i) or (f)(ii) above are obtained, where required, all to the satisfaction of the Director, Engineering Review;
The Panel member will remain seized for the purposes of reviewing and approving the final drafts of the Official Plan Amendment and Zoning By-law Amendment and the Tribunal may be spoken to in the event any matter or matters should arise in connection with the implementation of this Interim Order.
If the Parties do not submit the final drafts of the Official Plan Amendment and Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph 2 above have been satisfied, and do not request the issuance of the Final Order by April 1, 2026, the Parties shall provide a written status report to the Tribunal by that date, as to the expected timing of same.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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.
ATTACHMENT 1
ATTACHMENT 2