Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 17, 2025

CASE NO(S).: OLT-24-000910

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Microbjo Properties Inc.

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the development of a 39, 33, and 14-storey buildings on top of a shared five-storey

Reference Number: 20 213392 NNY 06 OZ

Property Address: 1875 Steeles Avenue W

Municipality/UT: City of Toronto

OLT Case No.: OLT-24-000910

OLT Lead Case No.: OLT-24-000910

OLT Case Name: Microbjo Properties Inc. v. Toronto (City)

Heard: March 11, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
Microbjo Properties Inc.	A. Benedetti
City of Toronto	N. Muscat
Sanofi Pasteur Limited	C. Barnett
The Governing Council of the University of Toronto	A. Pilkington S. Leisk (in absentia)
Dufferin and Steeles Corporation	E. Costello

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON MARCH 11, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on an appeal by Microbjo Properties Inc. (“Applicant”) in respect of the refusal of the Council of the City of Toronto (“City”) to approve a proposed Zoning By-law Amendment to permit the re-development of the lands known municipally as 1875 Steeles Avenue West (“Subject Property”).

2The Subject Property, which is located on the south side of Steeles Avenue West, one property east of the intersection of Dufferin Street and Steeles Avenue West, is currently developed with a four-storey building containing 120 rental units. The application proposes to rezone the Subject Property to permit a re-development consisting of three buildings (a 39-storey, a 33-storey, and a 14-storey) sitting on top of a five-storey podium building and having a six-storey element along Steeles Avenue West. The proposal also includes an on-site park, a POPS (privately owned public space), and conveyance of land to Toronto and Region Conservation Authority. It is proposed that the rental units will be relocated into the new buildings.

3The Tribunal received an Affidavit of Service, sworn on February 14, 2025, confirming that proper notice of this CMC was given, and marked same as Exhibit 1.

REQUESTS FOR STATUS

4Three requests for Party status were considered by the Tribunal. After having heard submissions from Counsel for each, and there being no objection on the part of the Statutory Parties, the Tribunal granted Party status to the following:

1. Sanofi Pasteur Limited (“Sanofi”);
2. The Governing Council of the University of Toronto (“The University”); and
3. Dufferin and Steeles Corporation (“DSC”).

5Sanofi is the owner of 1755 Steeles Avenue West, where it operates a 21 hectare (“ha”) biopharmaceutical manufacturing and research campus located East of the Subject Property. The Tribunal heard that Sanofi is a “specified person” for purposes of the Planning Act, being the holder of Environmental Compliance Approvals in an employment area located within 100 metres, and Sanofi made submissions to the City prior to its decision on the application. Sanofi’s concerns are set out in a July 8, 2024 letter to the City attached to their Request for Party status, and include the potential impact of the proposed residential development from a land use compatibility and security perspective, and implications for Sanofi’s long-term economic viability.

6The University is the registered owner of a 12 ha site located on the east side of Dufferin Street, municipally known as 4925, 4961, and 5201 Dufferin Street (“University Lands”). The Tribunal heard that The University is generally supportive of the application, however, it has a long-term interest in the University Lands as well, so it has an interest in what happens with the application and how issues may be resolved. The University made submissions to the City prior to Council making its decision.

7DSC is the owner of lands municipally known as 1881 Steeles Avenue West, located on the southeast corner on Dufferin Street and Steeles Avenue West, and to the immediate west of the Subject Property (“DSC Lands”). The DSC Lands are the subject of planning applications filed with the City proposing the re-development of an existing retail plaza with mixed use buildings ranging from 12 to 30 storeys in height. The Tribunal heard that the DSC proposal contemplates the coordination and delivery of certain infrastructure such as road(s), access, and open space with the Subject Property. The Tribunal also heard that DSC is generally supportive of the application, can bring some perspective and evidence, and has an interest in continued engagement and coordination. The City advised the Tribunal that there has been coordination on the public realm and integration of the DSC and the Applicant’s re-development proposals, and that it would be informative to have DSC as a Party in this matter.

8The Tribunal also received two requests for Participant status from Allan Glube, a Director of Ridgegate Ratepayers Association (“RRA”), and Joseph Brunaccioni, a Director of Glen Shields Ratepayers Association (“GSRA”). In the case of both requestors, the Tribunal sought clarifications as to on whose behalf they were seeking status.

9The Tribunal granted Participant status to Allan Glube as an individual and received his Participant Statement. However, the Tribunal directed that, should written confirmation of RRA being an incorporated entity be provided to the Tribunal, along with a written authorization for Mr. Glube to make submission on behalf of the RRA in this matter, the Tribunal is prepared to swap the Participant status from that of an individual person to the RRA, on consent of the Statutory Parties.

10In the case of Joseph Brunaccioni, the Tribunal granted Participant status to him as an individual and received his Participant Statement. Additionally, Mr. Brunaccioni advised the Tribunal that he may also want to seek Participant status on behalf of one or more of the Condominiums located at 1, 2, and 8 Maison Parc Court, in the district of Thornhill, where he is a resident. Further, he noted that he has been in contact with Four Elms Retirement Residence, located at 1500 Steeles Avenue West, located between Dufferin Street and Bathurst Street. Consistent with the approach taken with the other Participant, the Tribunal directed that, should written confirmation of GSRA being an incorporated entity be provided to the Tribunal, along with a written authorization for Mr. Brunaccioni to make submission on behalf of the GSRA in this matter, the Tribunal is prepared to swap the Participant status from that of an individual person to the GSRA.

11The Tribunal directed that the Participants submit the necessary documentation to the Tribunal by no later than end of day on Friday, March 14, 2025. Having received and reviewed the requested documents clarifying the status requests made, the Tribunal hereby confirms that Participant status is granted to the GSRA and to Allan Glube as an individual.

12The Tribunal will consider any other requests for Participant status at a second CMC, should the Tribunal receive completed Participant Status Request Form(s) in advance of the second CMC. This ruling is on consent of the Statutory Parties.

PROCEDURAL MATTERS

13Counsel for the Applicant advised the Tribunal that discussions are ongoing amongst the Parties and that there is a desire to undertake a process of dispute resolution or mediation in an effort to resolve the concerns/issues between the Parties. Further, the Parties agreed on procedural matters and were seeking the scheduling of a second CMC, preferably in the month of September 2025.

14The Parties are aware that there are opportunities for Tribunal-led mediation available and may contact the Case Coordinator should they have an interest.

15The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.

NEXT STEPS

16The second CMC is scheduled to proceed by Video Hearing on Friday, September 12, 2025 at 10 a.m. The second CMC will provide a touchpoint with the Tribunal as to the progress of discussions between the Parties, to identify the remaining issues, and to finalize a procedural order.

17Parties, Participants, and Observers 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

18Parties 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: https://app.gotomeeting.com/home.html

19Persons 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.

20Individuals 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

21THE TRIBUNAL ORDERS:

a. The directions and rulings on Party status and Participant status, as set out above; and,

b. That a second Case Management Conference is scheduled, as set out above.

22There will be no further notice.

23This Member is not seized.

“Sharon L. Dionne”

SHARON L. DIONNE 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.