Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 2025
CASE NO.: OLT-24-000629
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1294511 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit three new residential apartment towers at heights of 46, 41, and 30 storeys
Reference Number: 21 239141 NNY 15 OZ
Property Address: 7 and 11 Rochefort Drive
Municipality/UT: Toronto
OLT Case No.: OLT-24-000629
OLT Case Name: 1294511 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit three new residential apartment towers at heights of 46, 41, and 30 storeys
Reference Number: 21 239142 NNY 15 SB
Property Address: 7 and 11 Rochefort Drive
Municipality/UT: Toronto
OLT Case No.: OLT-24-000630
OLT Lead Case No.: OLT-24-000629
OLT Case Name: 1294511 Ontario Inc. v. Toronto (City)
BEFORE:
William R. Middleton VICE-CHAIR Wednesday, the 17th day of December, 2025
THE APPEALS of the zoning by-law amendment application (the “Zoning Appeal”) and plan of subdivision application (the “Subdivision Appeal”) filed by 1294511 Ontario Inc. in respect of the lands known municipally in the City of Toronto as 7 and 11 Rochefort Drive (the “Lands”) having come on for a written hearing regarding a proposed settlement with the consent of the Parties, in accordance with Rule 12 of the Ontario Land Tribunal Rules of Practice and Procedure;
AND THE TRIBUNAL having received uncontradicted expert opinion evidence in the area of land use planning from Scott Walker, a Registered Professional Planner, a member of the Canadian Institute of Planners, and a Professional Land Economist which was delivered through his Affidavit sworn on July 22, 2025, in support of a settlement of the Zoning Appeal agreed upon by the Parties; and
AND THE TRIBUNAL being satisfied that the development proposed by the zoning by-law amendment application to the City of Toronto By-Law 569-2013, as revised, has appropriate regard for matters of provincial interest as set out in Section 2 of the Planning Act, is consistent with the Provincial Planning Statement (2024), conforms with the City of Toronto Official Plan, and represents good planning, is fair and reasonable and in the public interest;
THE TRIBUNAL ORDERS ON AN INTERIM BASIS THAT:
The Zoning Appeal is allowed in part, and the development proposed by the zoning by-law amendment application, as described in detail in the affidavit of Scott Walker sworn July 22, 2025 (“Zoning By-law Amendment”) is approved in principle only;
The Subdivision Appeal is adjourned sine die;
The Tribunal’s final Order on the Zoning Appeal shall not be considered until the satisfaction of the prerequisite matters described below in this paragraph 3, requiring written confirmation from the Parties that:
a. The complete form and content of the Zoning By-law Amendment, including a holding (H) symbol, is finalized to the satisfaction of the City Solicitor and the Executive Director, Development Review;
b. The Applicant/Appellant has provided an updated Functional Servicing Report, Stormwater Management Report and Hydrogeological Review, including Foundation Drainage Report, to the satisfaction of the Director, Engineering Review, and the Executive Director, Development Review; and
c. Council for the City of Toronto has approved the Rental Housing Demolition Application (File 21 239145 NNY RH) under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing 128 rental dwelling units on the Lands, and the Applicant has entered into, and registered in priority on title to the subject site, one or more agreements with the City, to the satisfaction of the Chief Planner, City Planning Division, and the City Solicitor, securing all rental housing-related matters required to implement City Council’s decision, including:
i. Replacement of the existing 128 rental housing units, including the same number of units and bedroom type, and similar size and rents; and
ii. An acceptable Tenant Relocation and Assistance Plan addressing the right of existing tenants to return to a replacement rental unit.
The Parties shall endeavour to satisfy the conditions described in paragraph 3 above and to seek a final Order from the Tribunal by June 1, 2026 failing which they shall provide a written status report to the Tribunal by that date;
This Vice Chair shall remain available to consider any issues which may arise concerning the matters set out in paragraph 3 and paragraph 4 above.
“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.