Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2025
CASE NO(S).: OLT-25-000121
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Osmington Gerofsky Development Corp., PM Viewmount 1 Inc., PM Stayner 1 Inc., 1000563224 Ontario Inc., and 1000670323 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Proposed development of two towers that are 35 and 39 storeys
Reference Number: 24 171220 NNY 08 OZ
Property Address: 253–263 Viewmount Avenue and 12-18 Romar Crescent
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000121
OLT Lead Case No: OLT-25-000121
OLT Case Name: 1000563224 Ontario Inc. et al. v Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Osmington Gerofsky Development Corp., PM Viewmount 1 Inc., PM Stayner 1 Inc., 1000563224 Ontario Inc., and 1000670323 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: 24 171220 NNY 08 OZ
Property Address: 253–263 Viewmount Avenue and 12-18 Romar Crescent
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000122
OLT Lead Case No: OLT-25-000121
Heard: May 2, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Osmington Gerofsky Development Corp., PM Viewmount 1 Inc., PM Stayner 1 Inc., 1000563224 Ontario Inc., and 1000670323 Ontario Inc. (collectively, the “Applicant” / “Appellant”) | J. Park, S. Kagan |
| Zvi Halpern-Shavim and Michelle Landy-Shavim | R. Kehar |
| Mark Nitz and Julie Saunders | R. Kehar |
| TONLU Holdings Limited | A. Platt |
| City of Toronto (“City”) | S. Amini, J. Dexter |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MAY 2, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was convened for the Applicant’s appeals to the absence of decisions by the City within the statutory time period for Official Plan Amendment and Zoning By-law Amendment applications affecting 253-263 Viewmount Avenue and 12-18 Romar Crescent, Toronto (the “site”).
2The Applicant proposes to replace existing detached dwellings with two towers of 35 and 39 storeys with a connecting six-storey podium.
3The Affidavit of Service for Notice of this CMC, filed by the Applicant, was marked as Exhibit 1.
PARTIES
4The statutory Parties are the Applicant and the City.
5With consent of the Parties, the Tribunal granted Party status to TONLU Holdings Limited (“TONLU”), the owner of lands to the west of the site. TONLU does not oppose the Applicant’s proposal but wishes to ensure no adverse effects on its future redevelopment. TONLU is the equitable owner of several companies that comprise its lands, as listed in Schedule A to its Party status request letter on file.
6With consent of the Parties, the Tribunal granted Party status to the owners of two residential lots abutting the site: Zvi Halpern-Shavim and Michelle Landy-Shavim at 20 Romar Crescent; and Mark Nitz and Julie Saunders at 10 Romar Crescent. These residents oppose the development, will function as one Party at the Hearing, and intend to call evidence in support of their position.
PARTICIPANTS
7Participant requests were addressed by counsel A. Lu (and E. Costello in absentia). With consent of the Parties, the Tribunal granted Participant status to the owners of lands across Viewmount Avenue from the site, which corporations support the proposed development: Signature Hill Corporation, 266 Viewmount Developments Inc., and 274 Viewmount Developments Inc.
NEXT STEPS
8The Applicant and the City are pursuing Tribunal-led mediation to reduce or resolve issues. They welcome the involvement of the added Parties who anticipate participating, subject to counsel receiving direction.
9The Parties agree to finalize and circulate their Issues Lists by Friday, May 30, 2025. The Applicant/Appellant will file a completed Procedural Order (“PO”), anticipated to be on consent, by Friday, June 13, 2025. Thereafter, the Tribunal will consider approving the PO by separate Order.
10With the Hearing scheduled below as requested by the Parties, they will keep the Tribunal apprised on the potential for fewer Hearing days or the need for a second CMC to address procedural matters.
11The nine-day Merit Hearing is scheduled to commence on Monday, February 23, 2026 at 10 a.m. and finish on or before Friday, March 6, 2026 (the Tribunal will not be sitting on Monday, March 2, 2026). No further Notice is required.
12Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/558205565
Access Code: 558-205-565
13Parties 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
14Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
15Individuals 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 Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16THE TRIBUNAL ORDERS its directions as contained above.
“S. Tousaw”
S. TOUSAW VICE CHAIR
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.