Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 03, 2025
CASE NO(S).: OLT-25-000035
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 50-64 Merton Limited
Subject: Official Plan Amendment
Description: To permit the construction of a 45-storey residential building and demolition of existing structures
Reference Number: 21 233897 STE 12 OZ
Property Address: 50-64 Merton Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000035
OLT Lead Case No.: OLT-25-000035
OLT Case Name: 50-64 Merton Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 50-64 Merton Limited
Subject: Zoning By-law Amendment
Description: To permit the construction of a 45-storey residential building and demolition of existing structures
Reference Number: 22 198241 STE 12 OZ
Property Address: 50-64 Merton Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000036
OLT Lead Case No.: OLT-25-000035
OLT Case Name: 50-64 Merton Limited v. Toronto (City)
Heard: May 28, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
50-64 Merton Limited (“Appellant”)
David Bronskill
City of Toronto (“City”)
bcIMC Holdco (2007) Inc. (Added Party)
Kasia Czajkowski
Matthew Schuman
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON MAY 28, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Pursuant to s.22(7) and 34(11) of the Planning Act, R.S.O., 1990, c. P.13, as amended (“Act”), 50-64 Merton Limited appealed its applications for Official Plan Amendment and Zoning By-law Amendment (“Applications”) due to the failure of the Council of the City of Toronto to make a decision on the Applications within the statutory timeframes specified in the Act. The affected lands are municipally known as 50 – 64 Merton Street, Toronto (“Subject Property”).
2A two-day Hearing on the merit of the appeals was scheduled for May 28 and 29, 2025. The Tribunal received an Affidavit of Service, sworn on April 7, 2025, confirming that proper notice of the Hearing was given, that no further notice was required, and marked same as Exhibit 1.
3The Statutory Parties advised the Tribunal that a settlement was imminent and requested that the Hearing be adjourned and converted to a Case Management Conference (“CMC”) to deal with procedural matters. In accordance with Rule 17.5 of the Ontario Land Tribunal’s Rules of Practice and Procedure, the Tribunal granted the adjournment and converted the proceeding to that of a CMC to deal with procedural matters, including the Requests for Party and Participant Status and the scheduling of a future hearing to consider the settlement.
REQUESTS FOR STATUS
4The Tribunal received a request for Party Status of bcIMC Holdco (2007) Inc., owner of the 30 Merton Street property which immediately abuts the Subject Property and heard submissions of Counsel for the Requestor, Appellant, and City. The Tribunal was advised that there is some history between the Appellant and the Requestor with regards to re-development plans of each other’s properties, that they are close to finalizing minutes of settlement on the issues between them, and that the Appellant consents to the request for status. The City after seeking clarifications as to the Requestor’s issues, and assurances from both the Requestor and Appellant that such issues will not have a bearing on the settlement reached between the City and the Appellant, advised the Tribunal that they did not object to the request for status. After considering the submissions, the Tribunal granted Added Party Status to bcIMC Holdco (2007) Inc. on the matters before it.
5The Tribunal was in receipt of a three-page summary of comments and concerns regarding the proposed development from Anthony Easty, Beth Savan, and Leslie Cadeux, all of 111 Merton Street in Toronto, and whom were in attendance at the CMC. The Tribunal conditionally granted Participant Status to the requestors, subject to the Tribunal receiving a completed Request for Participant Status form by no later than the end of day on Friday, May 30, 2025. Upon fulfilment of the foregoing condition, the Tribunal will receive individual or collective Participant Statements, as the case may be.
SETTLEMENT
6The appeals relate to a non-decision of City Council. The Tribunal was advised that City Council has recently considered the Applications and has endorsed approval thereof, that documentation to this effect is now available, and the Appellant’s Planner is in the process of preparing an Affidavit proposed to be put forward as evidence in a future settlement hearing.
7The Parties agreed on the scheduling of a Hearing on the settlement in approximately four to six weeks from the date of the CMC.
NEXT STEPS
8A Hearing on the settlement is scheduled to proceed by Video Hearing on Monday, July 14, 2025 at 10 a.m.
9Parties 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://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
10Parties 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
11Persons 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: 1-647-497-9373 or (Toll-free) +1-888-299-1889. The Access Code is as indicated above.
12Individuals 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.
ORDER
13THE TRIBUNAL ORDERS THAT:
a. Party Status is granted to bcIMC Holdco (2007) Inc.;
b. Participant Status is granted to Anthony Easty and Beth Savan in accordance with the directions and rulings on Participant status, as set out above; and
c. A Hearing on the settlement is scheduled, as set out above.
14There will be no further notice.
15This Member is not seized.
“Sharon L. Dionne”
SHARON L. DIONNE
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.