Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 21, 2025
CASE NO.: OLT-24-000829
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellants: 3625 Dufferin Street Portfolio Inc., Costco Wholesale Canada Ltd., First Long Weekend Developments Inc., and Home Depot Holdings Inc.
Subject: Proposed Official Plan Amendment No. 716
Description: To permit the adoption of Official Plan Amendment 716
Reference Number: OPA 716
Property Address: lands generally bounded by Keele Street, Sheppard A venue West, Banting A venue, Reiner Road, Wilson Heights Boulevard, Allen Road, Highway 401, Dufferin Street, Beffort Road, Hanover Road, Ancaster Road, Home Road, Gilley Road, Garratt Boulevard, Plewes Road, Murray Road, Wilson A venue, GO Transit Barrie Line Rail Corridor, and Downsview Park Boulevard.
Municipality: Toronto
OLT Case No.: OLT-24-000829
OLT Lead Case No.: OLT-24-000829
OLT Case Name: 3625 Dufferin Street Portfolio Inc et al v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Toronto
Motion for: Directions
BEFORE:
A. MASON
Wednesday, the 21st
MEMBER
day of November, 2025
THIS MATTER, having come before the Tribunal as a written Hearing to consider a Motion seeking an Order pursuant to s. 17(50) of the Planning Act modifying and approving City of Toronto Official Plan Amendment No. 716 (“OPA 716”) that established a comprehensive planning framework for the Downsview Secondary Plan and was appealed by Costco Wholesale Canada Ltd., Home Depot Holdings Inc., First Long Weekend Developments Inc., and 3625 Dufferin Street Portfolio Inc., pursuant to a settlement reached between the Parties and proffered to the Tribunal;
AND THE TRIBUNAL, having confirmed at an earlier case management conference that, by operation of subsections 17(27) of the Planning Act, OPA 716 is in force and effect as of August 9, 2024, being the day after the last day for filing an appeal, for lands within the Downsview Secondary Plan north of Wilson Avenue as these are not the subject of the appeals filed by the Appellants;
AND THE TRIBUNAL, having received the affidavit and exhibits in support of the approval of OPA 716 for the lands south of Wilson Avenue, of Jessica Krushnisky, a Registered Professional Planner and full member of the Ontario Professional Planner’s Institute and Canadian Institute of Planners, affirmed and dated November 7, 2025, whom the Tribunal recognizes as qualified to assist in its deliberations through opinion evidence in the area of land use planning;
AND THE TRIBUNAL, having accepted the uncontroverted affidavit evidence of Jessica Krushnisky, attesting to the terms of settlement accepted by Council for the City of Toronto at its meeting on July 23-24, 2025, which facilitated the proffered settlement by adding four policies in the Downsview Secondary Plan applying to the lands south of Wilson Avenue in s. 12.4 that clarify the application of specific policies, generally characterized as follows:
Maximum Permitted Gross Density is to be applied on a development site by development site basis in specific maps;
Existing large-scale, stand-alone retail stores and their associated surface parking and ancillary uses are permitted to continue;
New buildings, additions or expansions of buildings are permitted if they do not exceed 10 percent of gross floor area of the existing building or structure subject to further specifics; and
Details applicable to the compatibility/mitigation studies for sensitive land uses are further set out.
AND THE TRIBUNAL, having accepted the uncontroverted affidavit evidence of Jessica Krushnisky that, should the Tribunal approve the proffered settlement, the appeals of Costco Wholesale Canada Ltd., Home Depot Holdings Inc., First Long Weekend Developments Inc. would be resolved and the area-specific appeal by 3625 Dufferin Street Portfolio Inc. would be adjourned sine die by the Tribunal;
AND THE TRIBUNAL, having reviewed and considered the uncontroverted affidavit evidence of Jessica Krushnisky that the proffered settlement modifying and clarifying specific policies in OPA 716 for the lands south of Wilson Avenue is consistent with s. 2 of the Planning Act and the Provincial Planning Statement, 2024, conforms to the relevant policies of the City of Toronto Official Plan, maintains the intent of the Downsview Secondary Plan, and does so in a manner that constitutes good planning and is in the public interest, by:
Providing greater clarity to density permissions for the area south of Wilson Avenue that is characterized by multiple owners of significant development sites with indeterminate development timelines;
Providing recognition of ongoing standalone retail permissions on the Appellant’s lands and assurances around moderate expansions;
Providing clarity to compatibility and mitigation policies for sensitive uses introduced near large scale standalone retail.
AND THE TRIBUNAL, being satisfied that the non-appellant parties of PSPIB Downsview Investments Inc. and Parc Downsview Park do not object to the proffered settlement and relief sought in this Motion as set out herein;
AND THE TRIBUNAL, being satisfied that there are no other appeals with respect to OPA 716, and that allowing the Appeals in part and confirming the coming into force and effect of OPA 716 for the lands south of Wilson Avenue pursuant to s. 17(27) of the Planning Act as of the date of August 9, 2024, being the day after the last day for filing an appeal, save and except for the new policies set out in the proffered settlement and attached to this Order, is appropriate and desirable.
NOW THEREFORE:
THE TRIBUNAL ORDERS THAT;
- The appeals of the City of Toronto Official Plan Amendment No. 716 by First Long Weekend Developments Inc., Costco Wholesale Canada Ltd, and Home Depot Holdings Inc., pursuant to subsection 17(24) of the Planning Act in OLT-24-000829 are allowed in part, as follows:
a. The policies included in Attachment 1 to this Order being new policies 12.4.4, 12.4.5, 12.4.6, and 12.4.7 of OPA 716 are in force by operation of subsection 17(50) of the Planning Act and are approved as modified as of November 21, 2025; and
b. Save and except the policies set out in subsection (a) above and Attachment 1, the remaining parts of OPA 716 for all lands south of Wilson Avenue are in force by operation of subsection 17(27) and 17(30) of the Planning Act as of August 9, 2024 subject to paragraph 2 below;
The appeal by 3625 Dufferin Street Portfolio Inc. of policy 3.3.4 of OPA 716 for the lands municipally known as 3625 Dufferin Street is adjourned sine die on a site and policy specific basis:
The appeals by First Long Weekend Developments Inc., Costco Wholesale Canada Ltd., and Home Depot Holdings Inc., pursuant to subsection 17(24) of the Planning Act in OLT-24-000829 are finally disposed of by this Order.
AND THE TRIBUNAL ORDERS that it may be spoken to in the event that any issues should arise in connection with the implementation of this Order.
“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”
Section 12.4 of the Downsview Secondary Plan is amended to include the following policies after policy 12.4.3:
12.4.4. Notwithstanding 7.1.1 and 7.1.3, the Maximum Permitted Gross Density of 3.5 FSI shown on Map 7-6 for Wilson South shall be applied on a development site by development site basis.
12.4.5. Notwithstanding Policy 6.2.2 and any other policy of this Plan, the existing large scale, stand alone retail stores and their associated surface parking and ancillary uses within Wilson South shall continue to be permitted.
12.4.6. New buildings, addition or expansion of a building and/or structure are permitted provided they do not exceed 10 percent of the gross floor area of the existing buildings and structures on the lot as they existed on the date of adoption of this Plan.
12.4.7. Complete applications to introduce sensitive land uses, including residential uses, will be required to submit a Compatibility/Mitigation Study in accordance with the Compatibility/Mitigation Policies set out in Section 2.2.4 of the Official Plan. In addition to the requirements identified in the Official Plan, the Compatibility/Mitigation Study will include identifying and evaluating options to achieve appropriate design, buffering and/or separation distances between the proposed sensitive land uses and large scale, stand alone retail uses in Wilson South and ensure the liveability of the proposed residential living units or occupancy of other sensitive land uses will not be adversely impacted with respect to noise, odour, vibration and air quality.