Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 31, 2025 CASE NO.: 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

BEFORE: SHARON L. DIONNE MEMBER Monday, the 31st day of March, 2025

THESE MATTERS having come before the Ontario Land Tribunal (the “Tribunal”) for a Case Management Conference on March 7, 2025;

AND THE TRIBUNAL having scheduled a hearing of this appeal to commence on Monday, November 3, 2025, at 10 a.m. by video conference;

AND THE TRIBUNAL having considered the draft Procedural Order from the Parties;

THE TRIBUNAL ORDERS THAT the Procedural Order attached hereto shall govern the conduct of this proceeding.

“Euken Lui” EUKEN LUI ACTING REGISTRAR

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.

ISSUE DATE: March 31, 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

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.

The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own initiative.

Organization of the Hearing

The video hearing will begin on Monday, November 3, 2025, at 10:00a.m. a.m./p.m. at https://global.gotomeeting.com/join/692665589.
The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

If the applicant / appellant intends to seek approval of a revised proposal at the hearing, the applicant / appellant shall provide a copy of the proposed modifications to the other parties on or before Friday, June 6, 2025. The applicant / appellant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, July 4, 2025 and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before Friday, July 25, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Tuesday, August 5, 2025.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.
On or before Thursday, September 4, 2025, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before Thursday, September 4, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Tuesday, September 9, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before Tuesday, October 14, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Friday, October 3, 2025 after the evidence is received and in accordance with paragraph 23 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, October 25, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, October 24, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment 1

List of Parties and Participants

PARTIES

K2 GP Inc. Kagan Shastri DeMelo Winer Park LLP 188 Avenue Road Toronto, ON., M5R 2J1 Jason Park / Kristie Stitt T: 416-645-4572 / 437-781-9574 E: jpark@ksllp.ca / kstitt@ksllp.ca

City of Toronto Metro Hall 26th Floor, 55 John Street Toronto, ON., M5V 3C6 Adam Ward/ Sara Amini T: 416-394-2787 / 416-392-2723 E: adam.ward@toronto.ca / sara.amini@toronto.ca

Attachment 2

Issues List

Note 1: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination at the hearing will be a matter of evidence and/or argument at the hearing.

CITY OF TORONTO ISSUES

Planning Act

Does the proposed development and Zoning By-law have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, in particular subsections (f), (h), (h.1), (i), (j), (k), (p), (q), (r) and (s)?

Provincial Planning Statement (2024)

Is the proposed development and Zoning By-law consistent with the Provincial Planning Statement (2024) pursuant to Section 3(5) of the Planning Act, including Policies 2.1.6., 2.2.1.b)2., 2.3.1.3, 2.4.1.3.b), 2.4.1.3.c), 2.8.1.1.a), b) and d), and 2.9.1.a) and d)?

City of Toronto Official Plan

Does the proposed development and Zoning By-law conform with the policies of the City of Toronto Official Plan with respect to:
1. Structuring Growth in the City: Integrating Land Use and Transportation (Chapter 2.2)
2. Avenues: Reurbanizing Arterial Corridors (Chapter 2.2.3)
3. Healthy Neighbourhoods (Chapter 2.3.1)
4. Bringing the City Together: A Progressive Agenda of Transportation Change (Chapter 2.4)
5. The Public Realm (Chapter 3.1.1)
6. Built Form (Chapter 3.1.3)
7. Built Form – Building Types (Chapter 3.1.4)
8. Housing (Chapter 3.2.1)
9. Community Services and Facilities (Chapter 3.2.2)
10. The Natural Environment (Chapter 3.4)
11. Creating a Strong and Diverse Civic Economy (Chapter 3.5.1)
12. The Future of Retailing (Chapter 3.5.3)
13. Mixed Use Areas (Chapter 4.5)?

Kingston Road Revitalization Study

Does the proposed development have appropriate regard for Site and Area Specific Policy 325 and the former City of Scarborough’s Birchcliff Community Zoning By-law No. 8786, as amended, which implement the Kingston Road Revitalization Study?

Guidelines and Standards for the City of Toronto

Does the proposed development meet the intent and purpose of the following City of Toronto design guidelines:
1. Complete Streets Guidelines
2. Growing Up: Planning for Children in New Vertical Communities
3. Guidelines for the Design and Management of Bicycle Parking Facilities
4. Kingston Road Birch Cliff Urban Design Guidelines and Concept Plan
5. Mid-Rise Building Design Guidelines
6. Pet Friendly Design Guidelines for High Density Communities
7. Retail Design Manual
8. Streetscape Manual?
Does the proposed development meet the intent and purpose of the following City of Toronto guidelines for the planting and preservation of trees:
1. Every Tree Counts – A Portrait of Toronto’s Urban Forest
2. Assessing Urban Forest Effects and Values: Toronto’s Urban Forest
3. City of Toronto 2018 Tree Canopy Study
Can the proposed development be implemented to achieve the requirements of the Toronto Green Standard at Site Plan Control?

Site Specific Issues

Are the proposed mix of land uses sufficient to meet the needs of the local community, support the development of sustainable, economically vibrant and complete communities?
Are the proposed unit mix and sizes appropriate and do they meet the intent and purpose of the Growing Up guidelines?
Are the proposed site organization and built form appropriate, do they conform with applicable policies and do they have appropriate regard to relevant guidelines? More particularly, but without limiting the generality of the foregoing:
1. Are the proposed building height, massing, setbacks, step-backs and street wall height appropriate?
2. Does the proposal achieve an appropriate relationship with the existing and planned context for the site?
3. Is the indoor and outdoor amenity space sufficient in size and appropriate in location?
4. Have the driveway accesses been appropriately located and designed to limit pedestrian and vehicle interactions and minimize the impacts on the public realm?
5. Has the loading space and its function been appropriately located and designed to minimize its impact on the public realm, site and surroundings?
6. Have public sidewalks been provided to City standards?
7. Are the shadow impacts from the proposed development acceptable?
8. Are the wind impacts from the proposed development acceptable?
9. Do the proposed built form and setbacks along Kingston Road ensure new street tree plantings will have a sufficient amount of space and soil volume to reach maturity?
Have the proposed bicycle parking facilities been provided in such a way to encourage their use and reduce vehicle demand?
Does the proposed development maintain any existing large, healthy and significant trees on or immediately adjacent to the subject site?
Are the removal or injury of trees, impact on the tree canopy, and the loss of growing space on and off site appropriate?
Does the proposed development provide a suitable growing environment for the planting of new trees with adequate space and soil volume to reach maturity?
Does the proposed development represent principles of good planning and urban design?
Are the proposed Zoning By-law Amendments good planning and in the public interest?

Implementation

If the proposed development is approved, in whole or in part, should the Tribunal Order be withheld until the following conditions are satisfied and the Tribunal receives confirmation from the City Solicitor that:
1. The final form and content of the Zoning By-law is satisfactory to the Executive Director, Development Review, and the City Solicitor;
2. The owner makes satisfactory arrangements with Engineering and Construction Services and enters into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure to support this development, according to the Functional Servicing and Stormwater Management Report accepted by the Chief Engineering and Executive Director, Engineering and Construction Services;
3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and/or the Transportation Impact Study, a Holding Provision be included in the final form of the Zoning By-law Amendment, and the Holding Provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services.
4. The owner has submitted a community services and facilities study to the satisfaction of the Chief Planner and Executive Director, City Planning;
5. The owner has provided a revised Pedestrian Level Wind Study, to the satisfaction of the Executive Director, Development Review;
6. The owner has provided a revised Sun and Shadow Study, to the satisfaction of the Executive Director, Development Review;
7. The owner has submitted a revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Foundation Drainage Summary Form, Foundation Drainage Report or addendums (“Engineering Reports”) and Hydrological Review Summary, including all requested revisions, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
8. The owner has submitted a revised Transportation Impact Study and Transportation Demand Management Plan, including all requested revisions, to the satisfaction of the General Manager, Transportation Services;
9. The owner has submitted a revised Arborist Report, Landscape and Planting Plans, Soil Volume Plans and Tree Preservation Plans, including all requested revisions, to the satisfaction of the Executive Director, Environment, Climate and Forestry; and
10. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review.

Attachment 3

Order of Evidence

K2 GP Inc.
City of Toronto
K2 GP Inc. in reply

Attachment 4

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.

Attachment 5

Summary of Filing Deadlines

EVENT	DATE
First Case Management Conference	Friday, March 7, 2025
Delivery and filing of revised proposal, if applicable	Friday, June 6, 2025
Parties to exchange their List of Witnesses	Friday, July 4, 2025
Deadline for Meeting of Like Experts	Friday, July 25, 2025
Deadline to file Statement of Agreed Facts and Issues	Tuesday, August 5, 2025
Parties to exchange their Witness and Expert Witness Statements Participants to provide their Participant Statements	Thursday, September 4, 2025
Parties to confirm if all the reserved hearing dates are still required	Tuesday, September 9, 2025
Parties to exchange their Reply Witness Statements	Friday, October 3, 2025
Parties to exchange their Visual Evidence	Tuesday, October 14, 2025
Parties to File Joint Document Book Parties to File Preliminary Hearing Plan	Friday, October 24, 2025
Hearing commences	November 3, 2025

K2 GP Inc. v. Toronto (City), 2025 CanLII 29967

Case Summary