Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 22, 2025
CASE NO(S).: OLT-22-002465 (Formerly PL130592)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant(s): Multiple Appellants
Subject: By-law No. 569-2013
Municipality: City of Toronto
OLT Case No.: OLT-22-002465
Legacy Case No.: PL130592
OLT Lead Case No.: OLT-22-002465
Legacy Lead Case No.: PL130592
OLT Case Name: Bahardoust v. Toronto (City)
Heard: December 3, 2025 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Toronto
M. Hardiejowski A. Lo-Wong A. Sandhu G. Szobel (in absentia)
Multiple Appellants
Refer to Schedule 1
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON DECEMBER 3, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision relates to a Case Management Conference (“CMC”) held by the Tribunal to obtain status updates regarding the remaining appeals brought pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), relating to the passing of comprehensive Zoning By-law No. 569-2013 by the City of Toronto (“City”).
2There was a total of 309 appeals filed and the proceedings have had a long history, with a number of prior hearing events held by Tribunal panels differently constituted.
3Prior to the commencement of the CMC, the City provided the Tribunal with an updated Appeal Tracking Chart and a proposed agenda to organize the status updates.
STATUS UPDATES
Issues / Topic-Specific Appeals
Propane Storage
4The City advised that the Parties continue to have without prejudice settlement discussions.
School Boards
5The City advised that settlement discussions between City staff and the Appellants are ongoing regarding the remaining appeals.
Parking
6The City and Mondelez Canada Inc. have exchanged materials relating to Appeal No. 272 and continue to be engaged in discussions.
7The City advised that it has not heard from the remaining parking Appellants, but is open to further settlement discussions. In response to the Tribunal’s inquiry regarding how to progress the appeals, the City committed to contacting counsel for the parking Appellants and providing an update at the next CMC.
8There were a number of appeals related to Tribunal File No. OLT-22-002810 included in the Appeal Tracking Chart. In response to the Tribunal’s inquiry, the City advised that it intended to consolidate those appeals with the herein appeals. At the next CMC, the City will either make a formal consolidation request or provide a status update on the intention to consolidate.
Cemeteries
9The City advised that it continues to engage in settlement discussions with Mount Pleasant Group of Cemeteries (Appeal No. 76) and Memorial Gardens Canada Ltd. (Appeal No. 291) and remains open to having settlement discussions with the remaining Appellants.
Site-Specific Appeals
Appeal No. 247 – Brovi Investments Ltd. (3875 Keele Street)
10Prior to the CMC, the Tribunal received an email from counsel for Brovi Investments Ltd. (“Brovi”) indicating that a request would be made at the CMC to schedule a one- to two-day merit hearing. Counsel for Brovi advised that its issues are limited to three discrete planning issues requiring one planning witness and it was requesting hearing dates to ensure that the matter progresses. In response to the City’s request for additional time to discuss the required number of witnesses and hearing dates, counsel for Brovi agreed to delay the scheduling of hearing dates for a short period of time.
11The Tribunal directed the City and Brovi to provide a written update to the Tribunal by Wednesday, December 17, 2025, setting out the required number of hearing days and preferred timing for the scheduling of the merit hearing. The Parties agreed to prepare a Procedural Order, and the Tribunal directed the Parties to file a draft Procedural Order for review and approval by Friday, January 16, 2026.
Appeal No. 70 – Lawrence Square (700 Lawrence Avenue West)
12Counsel for the City and Lawrence Square jointly advised that they are engaged in settlement discussions and will provide a more detailed update at the next CMC.
Appeal No. 24 – The International Group, Inc.
13At the request of The International Group, Inc., the City advised that the Parties intend to engage in discussions following the CMC.
Appeal No. 211 - Unity Health Toronto and Appeals Nos. 276 and 276 – York University
14Prior to the CMC, counsel for Unity Health Toronto and York University wrote to the City requesting that the City re-visit its settlement offer, which the City is open to.
Appeal No. 84 – Greenhill Community Association
15The City and the representatives for Greenhill Community Association intend to engage in discussions following the CMC.
Next Steps
Motion to Dismiss
16The City intends to bring forward a motion to dismiss any inactive appeals. In order to assist with this process, counsel for the City requested that the Tribunal direct Appellants to confirm the status of the appeal within 30 days of issuance of this CMC Decision. Following the 30-day period, the City will file a motion to dismiss the appeals related to those Appellants who fail to respond to the Tribunal’s direction.
17Following some discussion at the CMC, the Tribunal determined that all Appellants would be required to provide the City with a written update in order to avoid any confusion.
18The Tribunal directs all Appellants to provide a written update to the City, advising the City if they wish to continue/commence settlement discussions, and if not, provide the City with an issues list, within 30 days of the issuance of the Tribunal’s Decision. To be clear, Appellants are directed to provide the update only to the City. The update does not need to be circulated to the other Parties or the Tribunal.
Case Management Conference
19The City requested a further one-day CMC in six months to provide the Tribunal with a status update. The Tribunal scheduled a one-day CMC to proceed by video on Monday, June 8, 2026 at 10 a.m.
20Parties 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/656004293
Access code: 656-004-293
21Parties 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
22Persons 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: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 656-004-293.
23Individuals 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.
24In advance of the upcoming CMC, the City is directed to provide the Tribunal with an updated Appeal Tracking Chart and an agenda by Monday, June 1, 2026.
ORDER
25The Tribunal so orders and provides the foregoing directives for the purposes of the case management of these appeals.
“C. Hardy”
c. hardy
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.
Schedule 1
Appellant
Counsel/Representative*
Morguard Investments Limited 60 Bloor Equities Inc. (appeal 85) Revenue Properties Company Limited (appeal 86)
M. Murugesu J. Shapira (in absentia)
Morguard Corporation (Appeal 2) Suncor Energy Products Inc. (Appeal 77) Torgan Management Inc.(Appeal 99)
P. Pinho K. Sutton (in absentia) M. Flynn-Guglietti (in absentia)
Brovi Investments Limited (Appeal 247)
J. Fraser P. Harrington (in absentia)
Mondelez Canada Inc. (Appeal 272)
M. Murugesu K. Mullin (in absentia)
Toronto District School Board (Appeal 13) 1030552 Ontario Limited (Appeal 255) Providence Healthcare (Appeal 256)
B. Engell
The Governing Council of the Salvation Army in Canada (Appeal 165 & 166) Karis Disability Services (formerly Christian Horizons) (Appeal 167)
M. Reedijk J. Debono (in absentia)
Atlantic Packaging Products Ltd. (Appeal 17, 18, 19, 21, 22) The International Group, Inc. (Appeal 24, 25) 217 Adelaide Holding Limited (Appeal 303) Canadian Propane Association (non-appellant party sheltering under Appeal 77)
C. Lantz J. Cheng (in absentia)
GWL Realty Advisors Inc. (Appeal 8) Arsandco Investments Limited (Appeal 158) The Goldman Group (Appeal 161) Burnac Holdings Limited (Appeal 170) Sun Life Assurance Company (Appeal 184) H&R Reit (Appeal 216) GWL Realty Advisors Inc. (Appeal 230)
J. Park
Unity Health Toronto (Appeal 211) York University (Appeal 275 & 276)
M. Schuman J. Cole (in absentia) C. MacDougall (in absentia)
Toronto Catholic District School Board (Appeal 265)
S. O’Melia
Mount Pleasant Group of Cemeteries (Appeal 76)
S. D’Agostino
Roman Catholic Episcopal Corporation for the Diocese of Toronto in Canada (Appeal 50)
J. White T. Piurko (in absentia)
Catholic Cemeteries – Archdiocese of Toronto (Appeal 242)
J. White D. Tang (in absentia)
Greenhill Community Association (Appeal 84)
L. Crane* F. DiGiorgio*
Samuel Sarick Limited (Appeal 182) Midland Corporate Centre Ltd. (Appeal 150)
J. Jakubowski K. Sliwa (in absentia) I. Banach (in absentia)
Riocan Holdings Inc. (Lawrence Square) (Appeal 70)
M. Rutledge J. Farber (in absentia)