Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 17, 2025
CASE NO(S).: OLT-24-001214
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: K2 GP Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit development of a 12-storey mixed use building with at-grade commercial uses for a total of 168 residential units Reference Number: 21 191601 ESC 20 OZ Property Address: 1552-1572 Kingston Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001214 OLT Lead Case No.: OLT-24-001214 OLT Case Name: K2 GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Applicant/Appellant: K2 GP Inc. Subject: City of Toronto Site Plan Approval Description: To permit development of a 12-storey mixed use building with at-grade commercial uses for a total of 168 residential units Reference Number: 21 191601 20 SA Property Address: 1552-1572 Kingston Road Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-001215 OLT Lead Case No.: OLT-24-001214
Heard: March 7, 2025 by Video Hearing
APPEARANCES:
Parties K2 GP Inc.
Counsel Kristie Stitt Jason Park (in absentia)
Parties City of Toronto (“City”)
Counsel Adam Ward Sara Amini (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON MARCH 7, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on the appeals of K2 GP Inc., in respect of the failure of the Council of the City of Toronto to make a decision on applications for a Zoning By-law Amendment pursuant to s.34(11) of the Planning Act (“Zoning Appeal”) and Site Plan Approval pursuant to s.114(15) of the City of Toronto Act (“SPA Appeal”). The applications seek permission for a proposed 12 storey mixed-use building, with at-grade commercial uses and a total of 168 residential units. The affected lands are municipally known as 1552 – 1572 Kingston Road, in the City of Toronto.
2The Tribunal received an Affidavit of Service, sworn on February 25, 2025, confirming that proper notice of this CMC was given, and marked same as Exhibit 1.
REQUESTS FOR STATUS
3The Tribunal received a letter of concern from a neighbouring landowner, Paul Ryan, outlining his concerns with the proposed development, and indicating that he would not be able to attend the CMC due to a previously scheduled medical appointment. Counsel for K2 GP Inc. advised the Tribunal that contact with Mr. Ryan had been made, however it was unclear as to whether he was seeking status on the matter(s) before the Tribunal. On consent of the Parties, the Tribunal granted conditional Participant status to Paul Ryan, subject to receiving the Tribunal’s standard Request for Participant status form completed by Mr. Ryan. On March 13, 2025, the Tribunal received a completed form by Paul Ryan requesting Participant status, and the Tribunal accepted his Participant Statement.
PROCEDURAL MATTERS
4The Parties agreed on procedural matters and were seeking the scheduling of a Hearing on the merits of the Zoning Appeal, of 10 days in length preferably in the month of November 2025. Additionally, the Tribunal was asked to hold the SPA Appeal in abeyance pending the outcome of the Zoning Appeal.
5The Tribunal received and reviewed a draft Procedural Order (“PO”) and Issues List (“IL”). The City requested additional time to finalize their list of issues.
6The Tribunal made the Parties aware that, should they have an interest, there are opportunities for Tribunal-led mediation available.
7The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.
NEXT STEPS
8A Hearing on the merits of the Zoning Appeal is scheduled for a period of 10 days, commencing on Monday, November 3, 2025, at 10 a.m. by video conference. The dates of the Hearing are November 3 – 7, 10, 12 - 14, and 18, 2025.
9The Tribunal directed the Parties to finalize the IL and update the PO to align with the date set for the Hearing, and to submit same by no later than 4:30 p.m. on Monday, March 24, 2025.
10Additionally, the Parties are directed to provide the Tribunal with a status update, on Tuesday, September 9, 2025, as to the progress of discussions between the Parties, to identify the remaining issues, and to advise if there is any change in the number of days required for the Hearing. The scheduling for a second CMC was discussed, however the Tribunal is satisfied that the status update can be provided in writing.
11Parties and/or Participants 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:
GoTo Meeting: https://global.gotomeeting.com/join/692665589 Access Code: 692-655-589
12Persons 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 as indicated above.
13Individuals 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
14THE TRIBUNAL ORDERS:
a. The above directives, and holds the s.114(15) of the City of Toronto Act appeal in abeyance pending a resolution of the s.34(11) of the Planning Act appeal and/or a future request by the Applicant/Appellant; and,
b. That Paul Ryan is granted Participant status, as set out above.
15The Member shall remain seized for the purposes of reviewing and finalizing the Procedural Order and Issues List for issuance.
16No further notice is required.
“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.