A-O Bayview Inc. v. Toronto (City), 2025 CanLII 121109

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

November 20, 2025

CASE NO(S).:

OLT-25-000068

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant

A-O Bayview Inc.

Appellant

Amexon Development Inc.

Appellant

Autumn Peak Developments Inc.

Appellant

Bayview Village Holdings Inc.

and others

Subject:

Official Plan Amendment 777

Description:

Sheppard East Secondary Plan

Reference Number:

19 254260 NNY 17 OZ

Property Address:

City Wide (Sheppard Ave. East)

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-25-000068

OLT Lead Case No.:

OLT-25-000068

OLT Case Name:

A-O Bayview Inc. v. Toronto (City)

Heard:

November 14, 2025 by video hearing

APPEARANCES:

Parties

Counsel

City of Toronto

L. Bisset J. Dexter

Appellants and Added Parties

See Attachment 1

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON NOVEMBER 14, 2025 AND ORDER OF THE TRIBUNAL

Introduction

1This second Case Management Conference (“CMC”) was held for some 17 appeals to the City of Toronto (“City”) Official Plan Amendment 777 (“OPA 777”), being the Sheppard East Secondary Plan (“SESP”).

2The new SESP replaces and renews a portion of the Sheppard Avenue East Subway Corridor Secondary Plan that was established 25 years ago. The area covered by the new SESP includes three Subway stations, one GO station, anticipated Major Transit Station Areas, and includes seven character areas, each with its own policies to guide growth and development.

3The City maintains a list of Appellants, Added Parties and Participants, attached hereto as Attachment 1. Persons seeking corrections or changes to the list should contact the City. At this CMC, a few absent counsel were represented by other counsel who are not listed in Attachment 1. Should a Party wish more than one counsel to always appear on the list, please advise the City for future updates of Attachment 1.

Added Party

4The Tribunal granted Added Party status to Lencroft Holdings Inc. (“Lencroft”) pertaining to 2818 Bayview Avenue (“site”), located within the area subject to OPA 777.

5The Tribunal agrees that Lencroft has a clear and direct interest in this proceeding, given its pre-consultation meeting with the City on applications for a high-rise residential building on its site. This status is granted pursuant to s. 17(44.2) of the Planning Act, on the basis of “reasonable grounds” to add the Party. Under Rule 8.3 of the Tribunal’s Rules of Practice and Procedure, Lencroft will shelter under the appeal of A-O Bayview Inc., owner of lands abutting Lencroft’s site and which appeal included this site, albeit under different ownership at that time. As requested by the City, should issues arise on the validity or scope of Lencroft’s Added Party status, Motion(s) may be advanced for the Tribunal’s adjudication.

Adjournment of Appeals A6 and A17

6At the City and affected Parties’ request, the Tribunal acknowledges that two appeals – A6: YMCA of Greater Toronto; and A17: Amir Charmchi / 1837537 Ontario Inc. – are adjourned while the Appellants pursue site-specific applications. Attachment 2 to this Decision is the Parties’ agreement, included in the record at their request.

Next Steps

7The Parties are engaged in the exchange of materials for Tribunal-led mediation. The Tribunal granted the Parties’ request to establish the following due dates, which allow for mediation in the interim:

Appellants and Added Parties to confirm their scope of appeals (geography and policy) to the City by Friday, April 10, 2026;
Appellants to file their Issues Lists to the City by Friday, April 17, 2026;
Non-appellant Parties to provide the City with their List of Issues under which they will shelter by Friday, April 24, 2026; and
The City to file a draft Procedural Order with Issues List to the Tribunal by Friday, May 1, 2026.

8The third CMC will be held on Friday, May 15, 2026 at 10 a.m. by video hearing. No further Notice will be given.

9Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/709076365

Access code: 709-076-365

10Parties and/or Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is: 709-076-365.

12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

ORDER

13The Tribunal Orders its rulings and directions as set out above.

“S. Tousaw”

S. tousaw

VICE-CHAIR

Ontario Land Tribunal

Website: www.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

Appellant Name

Contact Information

Address

Wycliffe Square Limited

Goodmans LLP Bay Adelaide Centre, West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 Joe Hoffman 416-597-5168 jhoffman@goodmans.ca

794-806 Sheppard Avenue East

JFJ Development Inc., 2393678 Ontario Inc., and 2594025 Ontario Inc.

Goodmans LLP Bay Adelaide Centre, West Tower 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 Max Laskin 416-597-6938 mlaskin@goodmans.ca

589 Sheppard Avenue East and 7-11 Barberry Place

A-O Bayview Inc.

Davies Howe LLP 425 Adelaide Street, 10th Floor Toronto, ON M5V 3C1 Mark Flowers 416-263-4513 markf@davieshowe.com

2810-2816 and 2818 Bayview Avenue

Maziar Moini

Municipal Law Chambers Royal Building 277 Lakeshore Road East, Suite 211 Oakville, ON L6J 1H9 Russell Cheeseman / Stephanie Fleming 416-955-9529 / 416-955-9533 ext. 106 rdcheese@aol.com / SFleming@mlawc.com

27 Barberry Place

SangWoo Bae and Lee Soonok Bae

Realty Care Law LLP 6321 Yonge Street Toronto, ON M2M 3X7 Peter Choe / Bo Heum Park 647-293-3940 peter.choe@realtycarelaw.com / bopark@realtycarelaw.com

25 Barberry Place

YMCA of Greater Toronto

Kagan Shastri DeMelo Winer Park LLP 250 Yonge Street Suite 2302, PO Box 65 Toronto, ON M5B 2L7 Jason Park / Adrian Frank 416-645-4572 / 416-645-4582 jpark@ksllp.ca / afrank@ksllp.ca

567 Sheppard Avenue East

Toronto Catholic District School Board

Miller Thomson LLP Scotia Plaza 40 King Street West, Suite 5800 PO Box 1011 Toronto, ON M5H 3S1 Tara Piurko / Jesse White 416-595-2647 / 416-597-4371 tpiurko@millerthomson.com / tjwhite@millerthomson.com

396 Spring Garden Avenue (St. Gabriel Catholic School)

Canadian Tire Corporation, Limited and Canadian Tire Properties Inc.

Cassels Brock & Blackwell LLP Suite 3200, Bay Adelaide Centre – North Tower, 40 Temperance Street Toronto, ON M5H 0B4 Signe Leisk / Adrianna Pilkington 416-859-5411 / 416-860-6453 sleisk@cassels.com / apilkington@cassels.com

1009, 1015, and 1019 Sheppard Avenue East

Concord Adex Corporation, Concord Adex Investments Limited, 2624879 Ontario Inc., and 2768831 Ontario Inc.

Davies Howe LLP 425 Adelaide Street, 10th Floor Toronto, ON M5V 3C1 Mark Flowers 416-263-4513 markf@davieshowe.com

68 and 75 Esther Shiner Boulevard; 25, 27, 85, 95, 115, 117, and 121 McMahon Drive; 18 and 75 Billes Heights; 15, 19, 25, 29, and 33 Singer Court; 75 Ethennonnhawahstihnen’ Lane (formerly part of 1001 Sheppard Avenue East); and 1001, 1125, and 1181 Sheppard Avenue East

A10

Burbank Heights Development Inc.

690-720 Sheppard Avenue East

A11

Autumn Peak Developments Inc.

680 and 688 Sheppard Avenue East

A12

Rockbrook Developments Inc.

71 Talara Drive

A13

Amexon Developments Inc. and Heritage York Holdings Inc.

McMillan LLP Brookfield Place, 181 Bay Street, Suite 4400 Toronto, ON M5J 2T3 Mary Flynn-Guglietti 416-865-7256 mary.flynn@mcmillan.ca

1200, 1210, and 1220 Sheppard Avenue East

A14

bcIMC Realty Corporation

McCarthy Tetrault LLP PO Box 48, Suite 5300 Toronto-Dominion Bank Tower Toronto, ON M5K 1E6 Cynthia MacDougall 416-601-7643 cmacdoug@mccarthy.ca

2911 Bayview Avenue

A15

Bayview Village Holdings Inc.

McCarthy Tetrault LLP PO Box 48, Suite 5300 Toronto-Dominion Bank Tower Toronto, ON M5K 1E6 Cynthia MacDougall 416-601-7643 cmacdoug@mccarthy.ca

2901 Bayview Avenue and 630 Sheppard Avenue East

A16

BLOCK (GREENBRIAR) DEVELOPMENTS LIMITED

Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Sidonia Tomasella / Naomi Mares 416-865-7763 / 647-426-2842 stomasella@airdberlis.com / nmares@airdberlis.com

"The properties located along Greenbriar Road" (22-36 Greenbriar Road, plus additional lands)

A17

Amir Charmchi and 1837537 Ontario Inc.

Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Matthew Helfand 416-865-4624 mhelfand@airdberlis.com

635 Sheppard Avenue East and 1 Greenbriar Road

Parties

Party Name

Contact Information

Address

Toronto Lands Corporation

Borden Ladner Gervais LLP 22 Adelaide Street West, Suite 3400 Bay Adelaide Centre, East Tower Toronto, ON M5H 4E3 Pitman Patterson / Jule Lesage 416-367-6109 / 416-367-6276 ppatterson@blg.com / jlesage@blg.com

50 Ethennonnhawahstihnen’ Lane

Lencroft Holdings Inc.

Davies Howe LLP 425 Adelaide Street, 10th Floor Toronto, ON M5V 3C1 Mark Flowers 416-263-4513 markf@davieshowe.com

2818 Bayview Avenue

Participants

Participant Name

Contact Information

Address

Sheppard Avenue east Community Group (SAECG) (Incorporated Not-for-Profit)

David Reid 416-755-4862 saecgus@gmail.com / davidareidhome@gmail.com

“The members are in buildings located beside and to the north of 680/688 Sheppard East and near other developments being pursued by appellants in this Tribunal Case.”

Attachment 2

TERMS OF ADJOURNMENT

Amir Charmchi and 1837537 Ontario Inc. (“AC and 1837537”), and YMCA of Greater Toronto (“YMCA”) (collectively, the “Adjourned Appellants”, and singularly, an “Adjourned Appellant”), whose appeals of Official Plan Amendment 777 (“OPA 777”) are adjourned sine die in accordance with the terms 3 – 11 below, shall scope their appeal geographically to the lands that are the subject of their complete development application.
AC and 1837537 reserve the right to maintain a watching brief over the OPA 777 proceedings, including the right to participate in multi-party mediation sessions as an observer only, provided AC and 1837537 execute the OLT’s Mediation Agreement first.

If an Adjourned Appellant’s Site-Specific Zoning By-law Amendment is not Appealed

Within 31 days of the Date of Final Approval of the site-specific zoning by-law, the applicable Adjourned Appellant will withdraw their appeal of OPA 777. If the Adjourned Appellant does not withdraw their appeal of OPA 777 within 31 days, the City will ask the Ontario Land Tribunal (the “OLT”) to dismiss the appeal and the Adjourned Appellant shall not object.

If an Adjourned Appellant’s Site-Specific Zoning By-law Amendment is Appealed

If City Council refuses the site-specific zoning by-law amendment application or neglects to make a decision and the applicable Adjourned Appellant appeals the refusal or neglect to the OLT, the Adjourned Appellant is at liberty to raise issues with respect to OPA 777, and to make an argument about the relevance of and weight to be given to OPA 777 at the OLT hearing of the site-specific appeal as may be appropriate.
In the hearing of the site-specific appeal, the City and the Adjourned Appellant may jointly request a disposition from the OLT as to whether relief from the provisions of OPA 777 would be necessary and/or appropriate for the proposal.
Within 31 days of the Date of Final Approval of the site-specific zoning by-law, the Adjourned Appellant will withdraw their appeal of OPA 777. If the Adjourned Appellant does not withdraw their appeal of OPA 777 within 31 days, the City will ask the OLT to dismiss the appeal and the Adjourned Appellant shall not object.
In the event the Adjourned Appellant’s site-specific zoning by-law amendment appeal is dismissed by the OLT, and the OLT makes a finding in the hearing of the site-specific appeal as to whether relief from the provisions of OPA 777 would be appropriate as it relates to the proposal before the OLT, and all appeal periods have expired without appeal, neither the Adjourned Appellant nor the City will attempt to relitigate such a finding in subsequent proceedings, including at the general hearing of OPA 777. The Adjourned Appellant will withdraw their appeal of OPA 777 within 31 days of the OLT's final order dismissing the site-specific appeal. If the Adjourned Appellant does not withdraw their appeal of OPA 777 within 31 days, the City will ask the OLT to dismiss the appeal and the Adjourned Appellant shall not object.
In the event the Adjourned Appellant site-specific zoning by-law amendment appeal is dismissed by the OLT, and the OLT does not make a finding with respect to whether relief from the provisions of OPA 777 would be appropriate as it relates to the proposal before the OLT:
1. if a Procedural Order identifying the parties, issues, and order of evidence for the hearing of the general OPA 777 appeals has been issued, the Adjourned Appellant will withdraw their site-specific appeal of OPA 777; or
2. if no Procedural Order identifying the parties, issues, and order of evidence for the hearing of the OPA 777 appeals has been issued, the Adjourned Appellant may elect to participate in the general OPA 777 hearing.
At any point prior to the issuance of a Procedural Order identifying the parties, issues, and order of evidence for the hearing of the OPA 777 appeals, the Adjourned Appellants may choose to participate in the hearing, provided that the hearing of their site-specific application appeal is deferred until the OPA 777 hearing has concluded and the OLT has issued a decision in respect of the appeal of OPA 777. In the event that an Adjourned Appellant participates in the hearing and the OLT makes a finding in the hearing as to whether the provisions of OPA 777 are appropriate for the area to which OPA 777 applies generally, or to the Adjourned Appellant’s site specifically, neither the Adjourned Appellant nor the City will attempt to relitigate such a finding in the hearing of the Adjourned Appellant’s site-specific appeal.
Any decision made or partial approval granted with respect to OPA 777 in the OPA 777 proceedings shall be without prejudice to an Adjourned Appellant’s deferred site-specific appeal (where the Adjourned Appellant did not participate in the hearing) and shall not have the effect of limiting the Adjourned Appellant’s rights to litigate OPA 777 as they relate to the Adjourned Appellant’s site in the context of the site-specific proceedings.
“Date of Final Approval" means the first day upon which all of the provisions of the site-specific zoning by-law amendment have come into force and effect, with all applicable appeal periods having lapsed with no appeals nor rehearing requests to the OLT, and/or application to court having been commenced with respect thereto or with any such appeal or rehearing requests to the OLT and/or application to court having been finally determined such that a building permit could be issued by the Chief Building Official permitting the construction contemplated by the site-specific zoning by-law amendment, upon the owner obtaining all requisite approvals, submitting the appropriate applications for a building permit, and paying the requisite application fees.