Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 11, 2025
CASE NO(S).: OLT-25-000668
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 5799 Yonge Street Limited Partnership
Subject: Zoning By-law
Description: to permit the expansion of the permitted non-residential uses and allow additional non-residential uses above the second storey
Reference Number: 25 134322 NNY 18 OZ
Property Address: 5799-5915 Yonge Street and 46 and 47 Averill Crescent
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000668
OLT Case Name: 5799 Yonge Street Limited Partnership v. Toronto (City)
Heard: December 8, 2025 by video hearing
APPEARANCES:
Parties
5799 Yonge Street Limited Partnership
City of Toronto
Counsel
Michael Foderick
Ray Kallio
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON DECEMBER 8, 2025 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) with respect to an Appeal by 5799 Yonge Street Limited Partnership (“Appellant”). The appeal arises following an approval of their applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) due to Council approving a modified ZBA application and not what was requested. The OPA is not being appealed. The applications are to permit the expansion of the permitted non-residential uses and allow additional non-resident uses above the second story.
2At the CMC the Tribunal failed to mark the Affidavit of Service for this matter as an Exhibit. The Tribunal now will make the Affidavit of Service of Olivia Morris Exhibit 1.
3The Tribunal did not receive any Participant Status requests nor Party Status requests to consider.
4The Tribunal informed the Parties of the availability of Tribunal-led mediation and advised them to contact the Case Coordinator if they wish to pursue that option. The Appellant advised that they are not confident settlement discussions would be fruitful.
5The Appellant stated that they intend to call one witness and the City stated that they also intent to call one witness. The Appellant asked for the Tribunal to set aside one day for a merit hearing while the City asked for two days. The Tribunal was told that the only issue will be regarding the change to the ZBA application that council made before it’s approval. As this matter is contentious the Tribunal believes that setting aside two days for a merit hearing is best. The Tribunal secured Thursday, January 22 and Friday, January 23, 2026 for a two day merit hearing by way of video.
6No Procedural Order and Issues List (“PO”) was submitted prior to this CMC. The Parties will submit a PO to the Tribunal at least 30 days prior to the merit hearing. The Parties put forward that there would be no exchange of witness statements prior to the merit hearing.
7Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/344779885
Access Code: 344-779-885
8Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
10Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
11THE TRIBUNAL ORDERS that a merit hearing shall proceed on Thursday, January 22, 2026 to Friday, January 23, 2026, for a two day hearing at 10 a.m. by video.
12THE TRIBUNAL ORDERS that the Parties shall submit a Procedural Order and Issues List to the Tribunal at least 30 days prior to the merit hearing.
13There shall be no further notice.
14This Member is not seized.
“A. Sauve”
A. SAUVE
Member
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.