Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 22, 2025
CASE NO(S).:
OLT-24-001103
OLT-24-001105
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
2847510 Ontario Inc., 1000192198 Ontario Inc. and 1000072927 Ontario Inc.
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To Facilitate the Development of a 48-storey mixed use building
Reference Number:
24 106919 WET 05 OZ
Property Address:
7-17 Locust Street
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-24-001103
OLT Lead Case No.:
OLT-24-001103
OLT Case Name:
2847510 Ontario Inc. Et Al. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
2847510 Ontario Inc., 1000192198 Ontario Inc. and 1000072927 Ontario Inc.
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To facilitate the development of a 48-storey residential building
Reference Number:
24 106919 WET 05 OZ
Property Address:
7-17 Locust Street
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-24-001104
OLT Lead Case No.:
OLT-24-001103
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
2642319 Ontario Inc., 2847510 Ontario Inc. and 2445153 Ontario Inc.
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To Facilitate the Development of a 38-storey mixed use building
Reference Number:
24 106919 WET 05 OZ
Property Address:
1175-1181 Weston Road
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-24-001105
OLT Lead Case No.:
OLT-24-001105
OLT Case Name:
2642319 Ontario Inc. Et Al. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
2642319 Ontario Inc., 2847510 Ontario Inc. and 2445153 Ontario Inc.
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To facilitate the development of a 38-storey residential building
Reference Number:
24 106919 WET 05 OZ
Property Address:
1175-1181 Weston Road
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-24-001106
OLT Lead Case No.:
OLT-24-001105
Heard:
May 20, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
2847510 Ontario Inc., 1000192198 Ontario Inc., and 1000072927 Ontario Inc.
Anne Benedetti
2642319 Ontario Inc., 2847510 Ontario Inc., and 2445153 Ontario Inc.
Anne Benedetti
City of Toronto
Michelle LaFortune Sara Amini (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON may 20, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a first Case Management Conference (“CMC”) with respect to two sets of appeals filed pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”).
2The first set of appeals (“Locust Appeals”) was filed by 2847510 Ontario Inc., 1000192198 Ontario Inc., and 1000072927 Ontario Inc. (“KingSett”) against the failure of the City of Toronto (“City”) to make decisions on Official Plan Amendment and Zoning By-law Amendment applications (“Locust Applications”) within the timeframe prescribed by the Act.
3The purpose of the Locust Applications is to facilitate a 48-storey residential building for the properties located at 7-17 Locust Street.
4The second set of appeals (“Weston Appeals”) was filed by 2642319 Ontario Inc., 2847510 Ontario Inc., and 2445153 Ontario Inc. (also “KingSett”) against the failure of the City to make decisions on Official Plan Amendment and Zoning By-law Amendment applications (“Weston Applications”) within the timeframe prescribed by the Act.
5The purpose of the Weston Applications is to facilitate a 38-storey mixed-use building for the properties located at 1175-1181 Weston Road.
NOTICE
6Two Affidavits of Service sworn on April 16, 2025, attesting to the giving of notice for each proceeding, were marked as Exhibit 1 and Exhibit 2. There were no concerns raised regarding the notice, and the Tribunal was satisfied that proper notice had been provided. In this regard, no further notice is required for the appeals.
PROCEEDINGS TO BE HEARD TOGETHER
7Counsel for KingSett requested that the Locust Appeals and the Weston Appeals be heard together, as they pertain to neighbouring landholdings, separated by a parking lot, owned by the same corporate entity under different company names.
8The Tribunal granted the request for the proceedings to be heard together in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.
PARTY AND PARTICIPANT STATUS REQUESTS
9In advance of the CMC, the Tribunal received two Participant status requests for the Locust Appeals from Ana Paula Mirassol and Wilfredo Ovalles, collectively citing concerns related to shadows, traffic and safety, dust, debris, garbage, and vibrations.
10There were no objections from the Parties and the Tribunal granted Participant status to Ms. Mirassol and Mr. Ovalles as they each have a genuine and direct interest in the matter and could assist the Tribunal in making its decision at the merit hearing.
11A request for Party status was received in advance of the CMC, from Mount Dennis Community Association (“MDCA”) for the Weston Appeals, citing concerns related to community character, parking, transit, and an increase in population.
12MDCA did not attend the CMC and, at the suggestion of counsel for KingSett, the Tribunal conferred Participant status to MDCA, with the Party status request to be addressed at the second CMC, as scheduled below.
13There were no additional requests for Party or Participant status during the CMC.
14The Tribunal advised the Parties to ensure that their witnesses address the concerns of the Participants in their evidence at the merit hearing.
PROCEDURAL ORDER
15Counsel for KingSett advised that the Parties are continuing to work towards a settlement and, if the settlement discussions do not eventuate, a draft Procedural Order would be submitted to the Case Coordinator by July 18, 2025 for finalization and approval by the Tribunal at the second CMC.
NEXT STEPS
16The Parties endeavoured to keep the Case Coordinator apprised of any updates on the settlement discussions.
17To allow for further settlement discussions between the Parties over the next several weeks, Counsel for KingSett requested a second CMC in July 2025, at which time merit hearing dates could be scheduled, if required, and the MDCA Party status request could be addressed.
HEARING EVENTS
18The Tribunal scheduled a CMC for Friday, July 25, 2025, at 10 a.m. by video hearing.
19Parties and Participants 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/519389173 Access code: 519-389-173
20Parties 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
21Persons 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 the same as the access code noted above.
22Individuals 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.
MEDIATION / SETTLEMENT
23The Tribunal advised the Parties of the options of Tribunal-led mediation and/or a written hearing if a settlement is reached, and to contact the Case Coordinator to determine next steps as required.
ORDER
24THE TRIBUNAL ORDERS THAT:
a) The proceedings for OLT-24-001103 and OLT-24-001105 will be heard together;
b) Participant status to OLT-24-001103 is granted to Ana Paula Mirassol and Wilfredo Ovalles;
c) Participant status to OLT-24-001105 is granted to Mount Dennis Community Association; and
d) A second Case Management Conference will be held on Friday, July 25, 2025, as scheduled above.
25No further notice is required.
26The Member is not seized of these matters.
“C. I. Molinari”
C. I. MOLINARI
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.