Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 22, 2025
CASE NO(S).: OLT-25-000664
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: First Capital Holdings (Ontario) Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: Development of a 33-storey residential building and a 43-storey mixed use building
Reference Number: 22 234848 ESC 21 OZ
Property Address: 2640-2650 Lawrence Avenue East and 1451 Midland Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000664
OLT Lead Case No: OLT-25-000664
OLT Case Name: First Capital Holdings (Ontario) Corporation v. Toronto (City)
Heard: December 11, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| First Capital Holdings (Ontario) Corporation | A. Benedetti |
| City of Toronto | R. Kallio |
MEMORANDUM OF ORAL DECISION DELIVERED ON DECEMBER 11, 2025, BY S. deBOER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for the appeals by First Capital Holdings (Ontario) Corporation (“Appellant”) pursuant to s. 34(11) of the Planning Act due to the City of Toronto’s (“City”) failure to make a decision on the Zoning By-law Application (“ZBA”) within the statutory timelines. The municipal address pertaining to the Application is 2640-2650 Lawrence Avenue East and 1451 Midland Avenue in the City of Toronto (“Subject Lands”).
2The purpose of the CMC was to consider requests for Party or Participant status, review the proposed Procedural Order, and to set a date for the next Hearing events.
BACKGROUND
3The purpose of the ZBA would be to permit the redevelopment of the Subject Lands with a 33-storey residential building on the northern portion and a 43-storey mixed-use building on the southern portion of the Subject Lands. The proposed total of dwelling units for the Application is 1,001 and a total of 506 parking spaces.
AFFIDAVIT OF SERVICE
4At the commencement of the Hearing, the Tribunal reviewed, approved, and marked the Affidavit of Service by Isabella Longo, dated October 29, 2025, as Exhibit 1 to the Hearing. As the Tribunal was satisfied with the Affidavit of Service, the Tribunal ruled that no further Notice would be necessary.
STATUS REQUESTS
5The Tribunal did not receive any Party or Participant requests prior to nor during the CMC.
PROCEDURAL ORDER
6The Tribunal received a draft Procedural Order (“PO”) from the Appellant prior to the CMC. The Tribunal reviewed the PO with the Parties and noted that an Issues List (“IL”) had not been included with the PO. The Parties stated that there was going to be another appeal filed with the Tribunal pertaining to an Official Plan Amendment Application (“OPA”) appeal for the Subject Lands. The Parties stated that the Tribunal will be receiving the OPA appeal within the next week to ten days. Due to this pending appeal, the Parties requested that a further CMC be held in the spring of 2026. Once the OPA is received by the Tribunal, the Parties would make a request of hearing the appeals together, and if the Tribunal ruled that hearing the appeals together would be appropriate, then a finalized PO with an IL would be presented to the Tribunal for approval at the next CMC. The Parties requested that a Hearing date be scheduled in the late fall of 2026 to hear the appeals, if the Tribunal approved that the appeals were approved to be heard together.
7After the Parties answered further questions pertaining to these requests, the Tribunal ruled that a second CMC in spring of 2026 was the best course of action and would allow enough time for the Tribunal to receive the OPA appeal and have the Tribunal decide on the request of hearing the appeals together.
8Concerning the Hearing of the appeals, the Tribunal agreed with the Parties’ request to set a Hearing date in the late fall of 2026. The Parties stated that seven days would be sufficient to hear the OPA and ZBA appeals, if the Tribunal ruled to hear the appeals together. If the Tribunal ruled that the appeals would not be heard together, then the amount of Hearing days could be reduced at the next CMC.
OPPORTUNITIES FOR RESOLUTION
9As the Parties had not finalized an IL, the Tribunal directed the Parties to be prepared to discuss the opportunity for Tribunal-led mediation at the next Hearing event.
SCHEDULING OF HEARINGS
10The Tribunal has scheduled a second CMC to occur on Thursday, April 2, 2026, at 10 a.m., by video conference.
11The Tribunal has scheduled a seven-day Hearing to occur commencing on Tuesday, November 17, 2026, at 10a.m., by video conference.
12The second CMC and Hearing are scheduled to proceed by video as follows:
Thursday, April 2, 2026, at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 979-388-733
Tuesday, November 17, 2026, at 10 a.m. (seven-day Hearing) GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889 Audio-only access code: 914-098-901
13Parties and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.
14Parties 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
15Persons 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.
16Individuals 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
17THE TRIBUNAL ORDERS it’s directions above.
18The Member is not seized but may be spoken to if procedural issues arise, schedule permitting.
“S. deBoer”
S. deBOER MEMBER
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.