Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 11, 2025
CASE NO(S).: OLT-24-000293, OLT-24-000917
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 27 Henning Avenue Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 34-storey residential building containing 390 dwelling units and 45 vehicular parking spaces.
Reference Number: 23 176474 NNY 08 OZ
Property Address: 17, 19, 21, 23, 25, 27, 29, 31, 33, 37, 39 and 41 Henning Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000293
OLT Lead Case No.: OLT-24-000293
OLT Case Name: 27 Henning Avenue Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 27 Henning Avenue Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 34-storey residential building containing 390 dwelling units and 45 vehicular parking spaces.
Reference Number: 23 176474 NNY 08 OZ
Property Address: 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000294
OLT Lead Case No.: OLT-24-000293
OLT Case Name: 27 Henning Avenue Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the development of two mixed-use buildings consisting of 46- and 58-storeys to a total of 1,206 residential units
Reference Number: 24 135591 NNY 08 OZ
Property Address: 50-90 Eglinton Avenue West and 17-19 Henning Avenue
Municipality/UT: Toronto
OLT Case No: OLT-24-000917
OLT Lead Case No: OLT-24-000917
OLT Case Name: 90 Eglinton West Limited et al. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of two mixed-use buildings consisting of 46- and 58-storeys to a total of 1,206 residential units
Reference Number: 24 135591 NNY 08 OZ
Property Address: 50-90 Eglinton Avenue West and 17-19 Henning Avenue
Municipality/UT: Toronto
OLT Case No: OLT-24-000918
OLT Lead Case No: OLT-24-000917
Heard: March 6, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 27 Henning Avenue Limited 90 Eglington West Limited 60 Eglinton West Limited 2498703 Ontario Inc. 2498704 Ontario Inc. |
D. Bronskill |
| City of Toronto | D. Elmadany Leslie Forder (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason ON march 6, 2025 AND ORDER OF THE TRIBUNAL
1This hearing event was the first for OLT 24-000917 and was convened to consider a settlement with respect to OLT 24-000917 and OLT 24-00293 together ("Settlement Hearing").
2OLT 24-000293 is an appeal by 27 Henning Avenue Limited ("Henning Appellant") arising from the refusal of the City of Toronto ("City") to approve the requested Official Plan Amendment ("Henning OPA"), pursuant to s. 22(7) of the Planning Act ("Act") for the properties Municipally known as 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39 and 41 Henning Avenue ("Henning Lands") and a Zoning By-law Amendment ("Henning ZBA"), pursuant to s. 34(11) of the Act for the properties located at 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue (together, "Henning Appeals").
3OLT 24-000917 is an appeal by 90 Eglington West Limited, 60 Eglington West Limited, 2498703 Ontario Inc. and 248704 Ontario Inc. (together, "Eglington Appellants") arising from the refusal of the City to approve the requested applications for Official Plan Amendment ("Eglington OPA") and Zoning By-Law Amendment ("Eglinton ZBA") for the properties known as 50-90 Eglington Avenue West and 17-19 Henning Avenue ("Eglinton Lands") pursuant to sections 22(7) and 34(11) respectively of the Act ("Eglinton Appeals").
OLT 24-000917 (EGLINTON APPEALS) NOTICE AND PARTICIPANT REQUESTS
4As this was the first hearing event for OLT 24-000917, the Tribunal marked the Affidavit of Service of Notice of Case Management Conference ("CMC") for OLT 24-000293 as Exhibit 1.
5The Tribunal received no Party or Participant Status requests for the matter.
OLT 24-000293 (HENNING APPEALS) PARTY STATUS UPDATE
6In an earlier CMC convened for the Henning Appeals, the Tribunal granted Party Status to the Eglinton Park Residents' Association ("EPRA"), Michael Armstrong, Gordon Floyd, and Kristin Heins. At this Settlement Hearing, the Tribunal received confirmation that each of the named individuals and the EPRA had previously withdrawn their objections to the Henning Appeals and are therefore no longer parties to this matter.
CONSOLIDATION OF EGLINGTON APPEALS AND HENNING APPEALS
7At the outset of the Settlement Hearing, counsel for the Henning Appellant and Eglinton Appellants (together, "Appellants") requested that the Eglinton Appeals and Henning Appeals be consolidated. The rationale for the consolidation was that the development proposal to be proffered at the Settlement Hearing is a unified development concept incorporating both the Eglinton Lands and the Henning Lands and would be presented to the Tribunal in a single set of planning instruments disposing of the Eglinton Appeal and the Henning Appeal comprehensively. Counsel for the City supported the consolidation request and the Tribunal granted same.
RELEVANT BACKGROUND AND HENNING PARKLAND ISSUE
8The history of the Henning Appeals and the Eglinton Appeals is complex and spans 11 years, significant changes to land assemblies, changing development concepts, building heights and supporting applications and appeals. At the outset of the Settlement Hearing, counsel for the Appellants explained the history of the Henning Appeals and Eglington Appeals, as well as a predecessor settlement of appeals for the Eglinton Lands that was withdrawn (see Local Planning Appeal Tribunal, Legacy Case No. PL180217 – 50-60 Eglinton Avenue West).
9Relevant to this Decision, on November 4, 2024, counsel for the Appellants submitted a without prejudice settlement offer to the City ("Settlement Proposal"). The Settlement Proposal considers the consolidation of the redevelopment proposal for the Henning Lands and the Eglinton Lands, including on site parkland dedication for the lands municipally known as 37, 39 and 41 Henning Avenue ("Henning Parkland") (Eglington Lands, Henning Land and Henning Parkland together, "Combined Lands").
10The Settlement Proposal was prepared proposing a single Official Plan Amendment ("Settlement OPA") and single Zoning By-Law Amendment ("Settlement ZBA") for the Combined Lands on the premise that the Henning Appeals and the Eglinton Appeals would be consolidated at this Settlement Hearing, as was granted by the Tribunal and noted above.
11As part of their opening remarks addressing the Settlement Proposal, counsel advised the Tribunal that the Henning Parklands were not part of the Henning ZBA but were part of the Henning OPA. Counsel explained that as part of the comprehensive Settlement Proposal, the Henning Parkland is re-designated as Parks and conveyed to the City in satisfaction of parkland dedication requirements pursuant to s. 42 of the Act.
12Counsel for the Appellants stated that the Parties would be asking the Tribunal to exercise its discretion under s. 34(26)(b) of the Act to approve the proposed Settlement ZBA that includes the Henning Parkland, even though those lands are not part of the underlying Henning ZBA. Counsel further suggested that the addition of the Henning Parklands to the Settlement ZBA was technical in nature only and that "development" was not taking place on those lands. Counsel noted the Tribunal's authority under s. 9(4) of the Ontario Land Tribunal Act, S.O. 2021, to grant relief that is different than the relief applied for and its latitude to adopt practices and procedures to delivery the most fair and just resolution of proceedings under Rule 1.3 and Rule 1.4 of the Tribunal's Rules of Practice and Procedure.
13Since the planning affidavit submission filed with the Tribunal supporting the Settlement Hearing did not explain nor reference counsel's new request to include the Henning Parkland in the Settlement ZBA, and there were no other prior submissions or indication this request would be made at the Settlement Hearing, the Tribunal expressed concern with the request. The Tribunal sought insight into whether the Henning Parkland was properly in front of it for the consideration of the proffered Settlement Proposal and the grounds for the request. As such, the Tribunal stood down for a break and asked the Parties to put their submissions on the request in writing to the Case Coordinator.
14Having reviewed the joint submissions of Counsel provided during the break, the Tribunal determined that there was insufficient explanation or time for the Tribunal to consider the request since it was made during the active Settlement Hearing. Further, the complex history of the Appeals and the technical Settlement Proposal providing a unified single development concept spanning the Henning Land and Eglinton Lands with significant and important on-site and off-site modifications, meant that the Tribunal was not in a position to thoroughly and properly consider the last minute and previously undocumented request. The Tribunal also took into consideration last-minute filing of materials provided to the Tribunal directly before and after the start of the Settlement Hearing. As such, the Tribunal declined to continue the Settlement Hearing and advised the Parties it was converting this Hearing Event to a CMC.
15The Tribunal further directed the Parties as follows:
The Tribunal set a date of Friday, March 21, 2025, for a subsequent CMC at which the Parties shall bring a motion as a preliminary matter to consider whether the request to incorporate the Henning Parkland into the Settlement ZBA should be granted ("Motion") despite it not being part of the Henning ZBA;
The Parties shall provide submissions in support of the Motion seven days in advance by Friday March 14, 2025, such time having been truncated in consideration of the joint nature of the Motion between the Parties and the assurance that the City will not be providing a Reply to Notice of Motion;
The Parties may request the Tribunal convene the next CMC as a Settlement Hearing after hearing the preliminary Motion if the presiding Member is satisfied and consents to same; and
In advance of the next CMC by Friday March 14, 2025, the Parties shall organize and clarify the submissions already before the Tribunal, provide any supplementary affidavit and submissions necessary to correct and fully explain the history of the Appeals and Settlement Proposal to the satisfaction of the Tribunal.
16As the Settlement Hearing was converted to a CMC at the beginning of the Hearing event and before evidence was provided by the witness for the Appellants, this Member is not seized of the matter.
CASE MANAGEMENT CONFERENCE DETAILS
17The Tribunal scheduled a subsequent CMC to commence on Friday, March 21, 2025, at 10:00am by Video Hearing.
18Parties 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/979388733
Access Code: 979-388-733
19Parties and 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 at: https://app.gotomeeting.com/home.html.
20Persons 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 the audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
21Individuals 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 Case Coordinator having carriage of this case.
22The Tribunal scheduled the upcoming appearance as a Video Hearing, however, noted that if the Parties finalize the settlement and wish to convert the video appearance to a Written Hearing, they can submit a request to the Tribunal's Case Coordinator.
ORDER
23THE TRIBUNAL ORDERS THAT:
A CMC shall take place on Friday, March 21, 2025, at which the Parties shall bring a motion as a preliminary matter to consider whether the request to incorporate the Henning Parkland into the Settlement ZBA should be granted despite it not being part of the Henning ZBA;
The Parties shall provide submissions in support of the Motion seven days in advance by Friday March 14, 2025;
The Parties may request the Tribunal convene the next CMC as a Settlement Hearing after hearing the preliminary Motion if the presiding Member is satisfied and consents to same; and
In advance of the next CMC by Friday March 14, 2025, the Parties shall organize and clarify the submissions already before the Tribunal, provide any supplementary affidavit and submissions necessary to correct and fully explain the history of the Appeals and Settlement Proposal to the satisfaction of the Tribunal.
"A. Mason"
A. MASON
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.