1322104 Ontario Inc. v. Toronto (City), 2025 CanLII 121094

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 21, 2025

CASE NO.: OLT-24-000609

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: 1322104 Ontario Inc.

Subject: Site Plan

Description: To permit development of 14 back-to-back, three (3)-bedroom townhouse units within a three (3)-storey built form

Reference Number: 24 124733 WET 03 SA

Property Address: 80 Thirtieth Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000609

OLT Lead Case No.: OLT-24-000609

OLT Case Name: 1322104 Ontario Inc. v. Toronto (City)

BEFORE:

J. INNIS

Friday, the 21^st^

MEMBER

day of November, 2025

THE TRIBUNAL ORDERS that further to the Order issued on June 23, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on March 9, 2026. The Tribunal has set aside 7 days for the hearing.

“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.

SCHEDULE A

PROCEDURAL ORDER

ISSUE DATE: CASE NO(S).: OLT-24-000609

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.

Applicant(s)/Appellant(s): 1322104 Ontario Inc.

Subject: Site Plan

Property Address: 80 Thirtieth Street

Description: To permit development of 14 back-to-back, three (3)-bedroom townhouse units within a three (3)-storey built form

Municipality: Toronto

Municipal File No.: 24 124733 WET 03 SA

OLT Case No.: OLT-24-000609

OLT Lead File No.: OLT-24-000609

OLT Case Name: 1322104 Ontario Inc. v Toronto (City)

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 video hearing will begin on Monday, March 9, 2026 at 10 a.m. via video conference with the link provided by the Tribunal: https://global.gotomeeting.com/join/719383509. The procedural order deadlines are found in Attachment 1.

3. The parties’ initial estimation for the length of the hearing is seven (7) 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.

4. The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as 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 should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. 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.

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 and the order in which they will be called. This list must be delivered on or before December 9, 2025 (at least 90 days prior to the start of the hearing) and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before November 10, 2025 (at least 120 days prior to the start of the hearing). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing.

11. Expert witnesses in the same field shall have a meeting on or before December 24, 2025 (at least 75 days prior to start of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before February 23, 2026 (at least 15 days prior to the start of the hearing).

12. 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. Copies of this must be provided as in paragraph 14 below. 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.

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 paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before January 8, 2026 (at least 60 days prior to the start of the hearing), the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.

15. On or before January 8, 2026 (at least 60 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before January 23, 2026 (at least 45 days prior to the start of the hearing) after the evidence is received and in accordance with paragraph 24 below.

17. On or before February 2, 2026 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before February 9, 2026 (at least 30 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fifteen (15) days after the evidence is received and in accordance with paragraph 24 below.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before February 27, 2026 (at least 10 days prior to the start of the hearing).

21. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

22. A party who provides written evidence of a witness 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.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before March 2, 2026 (at least 7 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

24. All filings shall be submitted electronically unless otherwise directed. 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.

25. 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.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 – Summary of Dates

November 10, 2025 (at least 120 days before the hearing)

Deadline to submit a revised proposal without consent

December 9, 2025 (at least 90 days before the hearing)

Exchange of Witness Lists

December 24, 2025 (at least 75 days before the hearing)

Expert Meeting

January 8, 2026 (at least 60 days before the hearing)

Exchange of Witness and Expert Witness Statements

January 23, 2026 (at least 45 days before the hearing)

Exchange of Reply Witness and Expert Witness Statements

February 2, 2026 (at least 35 days before the hearing)

Confirm with the Tribunal if all hearing dates are required

February 9, 2026 (at least 30 days before the hearing)

Exchange of Visual Evidence

February 23, 2026 (at least 15 days before the hearing)

File the Statement of Agreed Facts and Issues

February 27, 2026 (at least 10 days before the hearing)

File the Joint Document Book

March 2, 2026 (at least 7 days before the hearing)

File the Preliminary Hearing Plan

Monday March 9, 2026 to Wednesday March 18, 2026 (7 days)

Merits Hearing

ATTACHMENT 2 – Parties and Participants

1. 1322104 ONTARIO INC. (DUNPAR HOMES)

Luke Johnston Legal Counsel T: 416.236.9800, ext. 256 E: l.johnston@dunpar.ca

Giouzelin Mutlu Legal Counsel T: 416.236.9800, ext. 237 E: g.mutlu@dunpar.ca

1. CITY OF TORONTO

Ray Kallio Legal Counsel T: 416-397-4063 E: ray.kallio@toronto.ca

Adam Ward Legal Counsel T: 416-394-2787 E: adam.ward@toronto.ca

1. METROLINX

Adrianna Pilkington Legal Counsel T: 416-860-6453 E: apilkington@cassels.com

ATTACHMENT 3 – Draft Issues List

NOTE 1: This issues list is a product of collaboration among the Appellant, the City, and Metrolinx based on comments and issues received from City and Metrolinx staff.

NOTE 2: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing.

CITY OF TORONTO

1. Are the safety specifications of the proposed crash wall to the satisfaction of the City's peer reviewer?

Implementation:

1. Should the site plan be approved by the Tribunal, what are the appropriate conditions for the issuance of the final order?

2. What conditions should be secured in a site plan agreement to be registered on title?

METROLINX

1. Does the proposed Site Plan Approval application (the “Proposal”) have appropriate regard to Section 2 of the Planning Act, including but not limited to subsections 2(f), (h), (m), (n), (o), and (q)?

2. Is the proposed SPA consistent with the Provincial Planning Statement, 2024, as required by section 3(5) of the Planning Act, including but not limited to the following sections: 2.3.1.2b); 2.3.1.3; 2.4.1.3a); 2.4.3.1; 2.9.1.b); 3.2.1; 3.3; 3.4.1; 3.5; and 6.2.1a) and d)?

3. Does the Proposal conform to the City of Toronto Official Plan, including but not limited to the following policies: 3.4.2; and 3.6?

4. Does the Proposal sufficiently ensure public safety and allow for the protection of the subject property and adjacent properties, particularly, the physical integrity, existing operation, and planned function of the Metrolinx rail corridor?

5. Are the Proposal’s crash wall and fencing designs, landscaping and facilities appropriate for the protection of the subject property and adjoining lands, particularly, the Metrolinx rail corridor?

6. Is the Proposal’s proposed grading and elevation appropriate for the disposal of storm and surface water from the land and from any buildings or structures thereon, particularly in relation to the Metrolinx rail corridor?

7. Does the Proposal adequately address all outstanding comments set out in the Metrolinx letter dated April 12, 2024 pertaining to the Proposal?

8. If the Proposal is approved in whole or in part, should the Tribunal Order be withheld until the following condition is satisfied and the Tribunal receives confirmation from Metrolinx that:

   1. The owner has addressed all outstanding issues raised by Metrolinx noted in correspondence dated April 12, 2024, including the need for a technical review and required revisions, to the satisfaction of Metrolinx.

Metrolinx reserves its rights to adopt any issues submitted by the appellant and parties to this proceeding and to add any additional issues arising as a result of issues submitted by the appellant and other parties to this proceeding.

ATTACHMENT 4 – Order of Evidence

1. 1322104 Ontario Inc. (Dunpar Homes)

2. City of Toronto

3. Metrolinx

4. 1322104 Ontario Inc. (Dunpar Homes) (in reply if necessary)