Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 05, 2025
CASE NO.: OLT-22-002547 (Formerly PL210135)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1386073 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested
Description: To permit a new road to be developed as a private road
Reference Number: 20 196724 WET 05 OZ
Property Address: 2650 St. Clair Avenue West
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-002547
Legacy Case No.: PL210135
OLT Lead Case No.: OLT-22-002547
Legacy Lead Case No.: PL210135
OLT Case Name: 1386073 Ontario Inc. 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: 1386073 Ontario Inc.
Subject: Application to amend Zoning By-law No. 569- 2013 - Refusal or neglect of the City of Toronto to make a decision
Description: To permit the construction of 98, 4-storey back-to back townhouse units to the rear of the existing 2- storey commercial building
Reference Number: 18 208427 WET 11 OZ
Property Address: 2650-2672 St. Clair Avenue West
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-002548
Legacy Case No.: PL200157
OLT Lead Case No.: OLT-22-002547
Legacy Lead Case No.: PL210135
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1386073 Ontario Inc.
Subject: Proposed Plan of Subdivision - Failure of the City of Toronto to make a decision
Description: To permit the creation of 4 Blocks to facilitate a road widening along St. Clair Avenue West, a widening of the public lane, to create 2 development parcels, and a new public street
Reference Number: 18 208431 WET 11 SB
Property Address: 2650-2672 St. Clair Avenue West
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-002550
Legacy Case No.: PL210158
OLT Lead Case No.: OLT-22-002547
Legacy Lead Case No.: PL210135
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, S.O. 2006, c. P.11, Sched. A, as amended
Applicant and Appellant: 1386073 Ontario Inc.
Subject: Site Plan – Failure to make a decision
Description: To permit the development of 98, 4-storey back-to-back townhouse units
Reference Number: 22 142181 WET 05 SA
Property Address: 2650-2672 St. Clair Avenue West
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000054
OLT Lead Case No.: OLT-22-002547
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: 1386073 Ontario Inc.
Request for: Request for Directions
BEFORE:
STEVEN COOKE
Friday, the 17th
VICE CHAIR
day of May, 2024
ORDER
UPON HEARING THIS MOTION for direction in writing (the “Motion”) brought by the Applicant/Appellant, 1386073 Ontario Inc., and having approved of the site plan prepared by 1386073 Ontario Inc. in its Order issued on August 1, 2023 in case file no. OLT-23-000054 (the “Order”) subject to the conditions set out in Attachment 2 of the Order,
THE TRIBUNAL ORDERS that:
the Motion is hereby granted and issues 6 a., b., d. to h. and 7 are struck from the issues list attached as Appendix A of Dunpar’s motion record dated March 18, 2024 (the “Issues List”);
the City is prohibited from raising additional issues regarding the imposition of pre-approval conditions that deal with matters or seek relief which is outside the City’s jurisdiction under section 114 of the City of Toronto Act or section 41 of the Planning Act;
the City may add post-approval conditions to the Notice of Approval Conditions that were not included in Attachment 2 of the Site Plan Approval Decision, provided that the imposition of these conditions would not prohibit Dunpar from proceeding with the development of the subject lands in accordance with the approved site plan;
the Parties are to file a revised copy of the Issues List consistent with this Order with the Tribunal within 10 days of the issuance of this Order; and
the Parties shall bear their own costs of the Motion.
“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.