Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 14, 2025
CASE NO(S).: OLT-24-000170
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 28556973 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision.
Description: To permit the development of eighteen (18) townhouse units.
Reference Number: 22 162536 WET 02 OZ
Property Address: 417 and 419 Burnhamthorpe Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-24-000170
OLT Lead Case No: OLT-23-000170
OLT Case Name: 2856973 Ontario 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: 28556973 Ontario Inc.
Subject: Application to approve plans or drawings – Refusal or neglect to make a decision.
Description: To permit the development of eighteen (18) townhouse units.
Reference Number: 22 162536 WET 02 OZ
Property Address: 417 and 419 Burnhamthorpe Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-24-000171
OLT Lead Case No: OLT-23-000170
OLT Case Name: 2856973 Ontario Inc. v. Toronto (City)
Heard: May 6, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
2856973 Ontario Inc. (“Appellant”)
Andrew Jeanrie Stephanie Brazzell
City of Toronto (“City”)
Adam Ward Derin Abimbola (in absentia)
DECISION DELIVERED BY W. DANIEL BEST ON MAY 6, 2025 AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1The Tribunal convened a hearing to consider a settlement regarding an appeal brought forward for the above-noted matter. The Appellant has an Appeal against the City for failing to make a decision within statutory timeframes for a Zoning By-law Amendment (“ZBA”) under s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”).
2The appeal against the City for the failure to approve plans or drawings for a site plan control area under s. 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A (“COTA”) will be addressed at a future hearing as outlined in paragraph [5].
3The Subject Lands are comprised of two properties municipally addressed as 417 and 419 Burnhamthorpe Road in the City. The Subject Lands has an area of approximately 0.1962 hectares (“ha”), with a frontage of approximately 32.29 metres (“m”) along Burnhamthorpe Road. The Subject Lands are currently occupied by two one-storey single detached residential dwellings.
4The proposed ZBA seeks to permit the redevelopment of the Subject Lands with 18 back-to-back townhouses having a maximum block height of 13.5 m, a total Gross Floor Area of 2,978 square metres (“m2”), and a density of 1.5 times the lot area, with a total of 20 vehicular parking spaces.
5The Parties advised that a Settlement had been reached on the ZBA. The Parties continue to work collaboratively to address the appeal under s. 114(15) of COTA. To that end, the