Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 11, 2025
CASE NO(S).:
OLT-22-002465
(Formerly PL130592)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant(s):
Multiple Appellants
Subject:
By-law No. 569-2013
Municipality:
City of Toronto
OLT Case No.:
OLT-22-002465
Legacy Case No.:
PL130592
OLT Lead Case No.:
OLT-22-002465
Legacy Lead Case No.:
PL130592
OLT Case Name:
Bahardoust v. Toronto (City)
Heard:
June 3, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Toronto
Gabe Szobel Ariel Lo-Wong Amrit Sandhu
Morguard Investments Limited; 60 Bloor Equities Inc.; and Revenue Properties Company Limited
Mithea Murugesu Johanna Shapira (in absentia)
Morguard Corporation; Suncor Energy Products Inc.; and Torgan Management Inc.
Kailey Sutton Mary Flynn-Guglietti (in absentia) Patrick Pinho (in absentia)
Brovi Investments Limited
Patrick Harrington
Mondelez Canada Inc.
Mithea Murugesu Kim Mullin (in absentia)
Toronto District School Board
Bruce Engell
The Governing Council of the Salvation Army in Canada; and Karis Disability Services (formerly Christian Horizons)
Max Reedijk Joseph Debono (in absentia)
Atlantic Packaging Products Ltd.; The International Group, Inc.; Campbell Company of Canada; 217 Adelaide Holding Limited; and Canadian Propane Association
Jonathan Cheng Calvin Lantz (in absentia)
GWL Realty Advisors Inc.
Adrian Frank (no appearance) Jason Park (no appearance)
Unity Health Toronto; and York University
Jamie Cole Cynthia MacDougall (in absentia)
Toronto Catholic District School Board
Steven O’Melia
Mount Pleasant Group of Cemeteries
Stephen D’Agostino
Roman Catholic Episcopal Corporation for the Diocese of Toronto in Canada; and Catholic Cemeteries – Archdiocese of Toronto
Jesse White David Tang (in absentia) Noah Gordon (in absentia)
Greenhill Community Association
Laura Crane* Frank DiGiorgio*
Samuel Sarick Limited
Jessica Jakubowski Katarzyna Sliwa (in absentia)
Riocan Holdings Inc. (Lawrence Square)
Matthew Rutledge Joel Farber (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JUNE 3, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a status Case Management Conference (“CMC”) held to provide an update on the remaining appeals (“Appeals”) filed against the passing of the City of Toronto (“City”) comprehensive Zoning By-law No. 569-2013 (“By-law 569”).
2The City furnished an agenda in advance of the CMC.
STATUS UPDATES
Issues/Topic-Specific Appeals
Propane Storage
3The Parties are continuing without prejudice settlement discussions between staff, the Appellants, and counsel. Materials and details are being exchanged.
School Boards
4After resolving the majority of the Bucket 1 group of Appeals, the Parties have moved to settlement discussions between staff and the Appellants regarding the remaining Bucket 1 Appeals, as well as appeals relating to other Buckets. The school boards’ lands/properties, being large and significant, have been organized in categories referred to as Buckets 1 to 6.
Parking
5The City heard from a number of Appellants but not from others. The City remains open to further settlement discussions.
6Regarding Appeal 272 (Mondelez Canada Inc.), the City and the Appellant have exchanged further materials and are engaging in discussions.
Cemeteries
7The City continues to engage in settlement discussions with some of the Appellants and remains open to settlement discussions with the remaining Appellants.
8Regarding Appeal 76 (Mount Pleasant Group of Cemeteries), the Appellants approached the City and the Parties are at the point of preparation of paperwork with a resolution agreed in principle.
9Regarding Appeal 291 (Memorial Gardens Canada Ltd. [only re. 33 Memory Gardens]), the City is awaiting a presentation package and materials.
Places of Worship
10Regarding Appeal 50, The City continues to engage in discussions with the Roman Catholic Episcopal Corporation for the Diocese of Toronto in Canada.
Site-Specific Appeals
Appeal 232 (Arrowdale Developments Ltd. et al)
11This matter was settled through a settlement hearing in November 2024, with a Decision and Order issued by the Tribunal on December 31, 2024.
Appeals 165 and 166 (The Governing Council of the Salvation Army in Canada)
12Counsel for the Appellant has advised the City that they continue to seek instructions from their client regarding a potential resolution.
Appeal 167 (Karis Disability Services)
13Counsel for the Appellant has advised the City that they continue to seek instructions from their client regarding a potential resolution.
Appeal 247 (Brovi Investments Ltd. [3875 Keele Street])
14City staff and the Appellant are engaging in settlement discussions.
Appeal 15 (Ontario Power Generation [700 University Avenue])
15The City and the Appellant are engaging in settlement discussions.
Appeal 84 (Greenhill Community Association [103 Ingram Drive])
16The City has received a revised issues list. The Appellant is to advise the City whether they have retained any expert witnesses. Parties are to undertake the procedural process and the Appellant may request for a hearing date at the next CMC.
Appeals 85 and 86 (60 Bloor Equities Inc. and Revenue Properties Company Limited)
17There have been some preliminary discussions between counsel for the Appellant and the City.
Appeal 222 (1 Eglinton Square and 14-26 Englehart Crescent)
18The appeal was withdrawn on December 12, 2024.
NEXT STEPS
Future Dismissal Motion
19The City’s counsel advised the Tribunal that the Phase 7 Appeals, which are issue-specific appeals, filed in conjunction with private site plan application/permits applications etc., are being reviewed by City staff with a view to dismissal of the Appeals.
20The City did not receive any response to its correspondence to those Appellants. The City intends to file dismissal motions sometime in the future.
Next CMC
21The City requested a one-day CMC in six months, to provide the Tribunal with a further status update.
22The Tribunal scheduled a one-day CMC on Wednesday, December 3, 2025. There will be no further notice given and the Member is not seized.
23The City is directed to provide a written status update on the remaining Appeals and an updated Tracking Chart of Remaining Appeals by Wednesday, November 26, 2025.
24The one-day CMC is scheduled to proceed by video on Wednesday, December 3, 2025 at 10 a.m.
25Parties 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/656004293
Access Code: 656-004-293
26Parties 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
27Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling into an audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 656-004-293.
28Individuals 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
29THE TRIBUNAL ORDERS counsel for the City of Toronto to provide a status update on the remaining Appeals and to update the current Tracking Chart of Remaining Appeals (attached as Schedule 1) by no later than Wednesday, November 26, 2025.
“T.F. Ng”
T. F. NG
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.
SCHEDULE 1
TRACKING CHART
APPELLANTS AND NON-APPELLANT PARTIES TO OLT-22-002465
City of Toronto Comprehensive Zoning By-law No. 569-2013
Appellants
No.
Appellant
Counsel/Agent*
Appeal Type
2
Morguard Corporation
Mary Flynn-Guglietti; Kailey Sutton; Patrick Pinho
Site Specific
3
Settled (letter dated February 2, 2016)
4
Withdrawn (letter dated February 10, 2015)
5
Robert B. Statton
Robert B. Statton
Topic Specific Area Specific
6
Metropolitan United Church
Neil M. Smiley
Site Specific
13
Toronto District School Board
Bruce Engell
Topic Specific
14
Curlew Developments Inc.
Mark Kemerer
Site Specific
15
Ontario Power Generation
Andrew Jeanrie
Site Specific
17
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
18
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
19
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
20
Withdrawn (letter dated August 16, 2023)
21
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
22
Atlantic Packaging Products Ltd.
Calvin Lantz
Site Specific
23
Renate Pammer
Site Specific
24
The International Group, Inc.
Calvin Lantz
Site Specific
25
The International Group, Inc.
Calvin Lantz
Site Specific
26
Withdrawn (letter dated December 18, 2023)
27
Withdrawn (letter dated September 28, 2016)
28
Greey Realty Holdings Limited
Richard R. Minster
Site Specific
29
Greey Realty Holdings Limited
Richard R. Minster
Site Specific
30
Withdrawn (letter dated November 7, 2024)
32
Withdrawn (letter dated January 8, 2024)
33
Withdrawn (letter dated January 8, 2024)
35
Advocacy Centre for Tenants Ontario
Douglas Kwan
Topic Specific
Note: Rooming House appeal withdrawn (letter dated April 3, 2023). Appeal active for Group Home Regulations.
37
Resolved based on visitor parking provisions (letter dated June 19, 2023)
No.
Appellant
Counsel/Agent*
Appeal Type
38
Withdrawn (OLT Order issued October 18, 2024)
50
Roman Catholic Episcopal Corporation
David Tang; Jesse White; Noah Gordon
Site Specific Topic Specific
53
Withdrawn (letter dated January 6, 2016)
55
Withdrawn (letter dated September 29, 2023)
56
Cowie Brothers Leaseholds
Joel D. Farber
Site Specific
57
Resolved based on visitor parking provisions (letter dated June 19, 2023)
61
Resolved based on visitor parking provisions (letter dated June 19, 2023)
62
Resolved (letter dated May 6, 2024)
63
Withdrawn (letter dated March 8, 2018)
67
Withdrawn (letter dated July 4, 2016)
70
Lawrence Square
Joel Farber
Site Specific
73
St. Leonard's Society of Toronto
N. Jane Pepino
Site Specific
76
Mount Pleasant Group of Cemeteries
Stephen D'Agostino
Site Specific Topic Specific
77
Suncor Energy Products Inc.
Mary Flynn-Guglietti; Kailey Sutton
Site Specific Topic Specific
82
Withdrawn (letter dated April 19, 2024)
83
Settled (OLT Order issued February 3, 2016)
84
Greenhill Community Association
Linda Hong*
Area Specific
85
60 Bloor Equities Inc.
Johanna Shapira
Site Specific
86
Revenue Properties Company Limited
Johanna Shapira
Site Specific
88
Park Smart Inc Epic Parking Control Services Inc
Konstantine Stavrakos
Topic Specific
91
Coco Paving Inc.
Adam Brown; Jessica Smuskowitz; Sean Brown
Site Specific
92
Resolved through site specific rezoning for 36-60 McCaul Street (project constructed)
93
Withdrawn (letter dated November 19, 2019)
95
Withdrawn (letter of October 13, 2016)
96
Withdrawn (letter of October 13, 2016)
97
Withdrawn (letter of October 13, 2016)
98
Settled/Withdrawn (February 2, 2016)
99
Torgan Management Inc.
Mary Flynn-Guglietti; Kailey Sutton
Site Specific
No.
Appellant
Counsel/Agent*
Appeal Type
100
Crown Realty II Limited Partnership
Lauryn Pittana
Site Specific
103
Withdrawn (letter of March 11, 2015)
107
1217861 Ontario Limited
David White
Site Specific
108
258 Attwell Drive Limited
David White
Site Specific
109
1585168 Ontario Inc.
David White
Site Specific
110
Red Banner Developments Limited
David White
Site Specific
111
1182929 Ontario Inc.
David White
Site Specific
113
Dundas Real Estate Investments
Marc Kemerer
Site Specific
114
Nashdene Court Ltd.
Marc Kemerer
Site Specific
115
Zane Properties & 1226567 Ontario Inc.
Marc Kemerer
Site Specific
123
Withdrawn (letter dated January 29, 2020)
124
Withdrawn (letter dated January 29, 2020)
125
Withdrawn (letter dated January 29, 2020)
126
Withdrawn (letter dated January 29, 2020)
127
Withdrawn (letter dated January 29, 2020)
128
Withdrawn (letter dated June 30, 2023)
129
Withdrawn (letter dated November 3, 2023)
130
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
131
Settled (OLT Order issued November 30, 2022)
132
Colville Developments Ltd. and North Park Shopping Centres Ltd.
David Bronskill
Site Specific
133
Robert Fish
David Bronskill
Site Specific
143
Allied Properties REIT
Kim Kovar
Site Specific
Note: Appeal for 555 Richmond Street West withdrawn (letter dated April 28, 2016). Appeal active for 543 Richmond Street West only.
150
Midland Corporate Center Ltd.
Katarzyna Sliwa; Isaiah Banach; Michael James
Site Specific
158
Arsandco Investments Limited
Patrick J. Devine
Site Specific
161
The Goldman Group
Jason Park
Site Specific
165
The Governing Council of the Salvation Army
Joseph Debono; Max Reedijk
Site Specific Topic Specific
166
The Governing Council of the Salvation Army
Joseph Debono; Max Reedijk
Site Specific Topic Specific
167
Karis Disability Services (formerly Christian Horizons)
Joseph Debono; Max Reedijk
Site Specific Topic Specific
No.
Appellant
Counsel/Agent*
Appeal Type
170
Burnac Holdings Limited
Jason Park
Site Specific
181
Baby Point Heritage Foundation
David Bronskill
Area Specific
182
Samuel Sarick Limited
Katarzyna Sliwa; Isaiah Banach; Michael James
Site Specific
184
Sun Life Assurance Company
Patrick J. Devine
Site Specific
196
Withdrawn (letter dated June 19, 2023)
203
Withdrawn (letter dated November 11, 2024)
204
Withdrawn (letter dated November 11, 2024)
205
Withdrawn (letter dated November 11, 2024)
206
Withdrawn (letter dated August 25, 2023 and October 25, 2024)
207
Withdrawn (letter dated November 11, 2024)
208
Sandra Melville
Sandra Melville*
Area Specific
209
Resolved based on visitor parking provisions (letter dated June 19, 2023)
210
Harry Klaczkowski - 133 and 141 Queen St. East and 128 Richmond St. E
Anne Posno; Max Klaczkowski*
Topic Specific Site Specific
211
Unity Health Toronto (formerly St. Michael's Hospital)
Cynthia A. MacDougall
Site Specific
212
Withdrawn (letter dated May 5, 2022)
213
Withdrawn (letter dated December 9, 2022)
216
H&R REIT
Patrick Devine
Site Specific
218
Settled (OLT Order issued June 17, 2022)
219
1428272 Ontario Limited
Angelo Delfino
Site Specific
220
Settled (OLT Order issued January 20, 2022)
221
Congregation Kahal Avreichmin
Site Specific
222
Withdrawn (letter dated December 12, 2024)
223
Withdrawn (letter dated November 11, 2024)
226
Withdrawn (letter dated March 8, 2018)
227
Withdrawn (letters dated March 16, 2018 and January 9, 2023)
230
GWL Realty Advisors Inc.
Jason Park
Topic Specific
231
Withdrawn (letter dated March 8, 2018)
232
Arrowdale Development Ltd., Arrowdale In Trust, and Loring Development Ltd.
Sidonia J. Tomasella
Site Specific
233
Withdrawn (letter dated November 1, 2023)
234
Withdrawn (letters dated December 5, 2022 and June 7, 2023)
236
Withdrawn (letter dated March 8, 2018)
237
Withdrawn (letter dated March 8, 2018)
238
Withdrawn (letter dated March 8, 2018)
No.
Appellant
Counsel/Agent*
Appeal Type
242
Catholic Cemeteries – Archdiocese of Toronto
David Tang; Jesse White; Noah Gordon
Topic Specific Site Specific
244
Withdrawn (letter dated September 16, 2022)
245
Settled (OLT Order issued November 21, 2018)
247
Brovi Investments Limited
Patrick Harrington
Site Specific
248
Greater Toronto Apartment Association
Tom Halinski
Topic Specific
253
Withdrawn (letter dated June 3, 2022)
254
The Brothers of the Christian Schools of Ontario
Michael J McQuaid
Site Specific
255
1030552 Ontario Limited
Bruce Engell
Site Specific
256
Providence Healthcare
Bruce Engell
Site Specific
257
Target Park Inc.
Ian Flett
Topic Specific
258
2006199 Ontario Limited
C.J. Tzekas
Site Specific
Note: Appeal withdrawn for 30 Booth Ave. (letter dated October 3, 2017). Appeal active for Eastern and Kipling Avenue sites.
260
Withdrawn (letter dated November 4, 2024)
261
Withdrawn (letter dated November 4, 2024)
262
Withdrawn (letter dated November 4, 2024)
263
Withdrawn (letter dated November 4, 2024)
264
Withdrawn (letter dated November 4, 2024)
265
Toronto Catholic District School Board
Steven J. O'Melia
Topic Specific Site Specific
266
Withdrawn (letter dated April 2, 2018)
271
1362882 Ontario Ltd.
Barry Horosko
Site Specific
272
Mondelez Canada Inc.
Kim Mullin; Mithea Murugesu
Topic Specific Site Specific
273
Withdrawn (letter dated June 19, 2023)
275
York University
Cynthia A. MacDougall
Site Specific
276
York University (Glendale Campus)
Cynthia A. MacDougall
Site Specific
278
Withdrawn (letter dated December 5, 2023)
281
115 Dupont Holding Limited
Ken Zuckerman
Site Specific
Note: Email dated December 6, 2013 indicates appeal will be withdrawn once site specific development approvals are obtained.
287
Settled (OLT Order issued November 30, 2022)
290
Withdrawn (letter dated June 19, 2023)
No.
Appellant
Counsel/Agent*
Appeal Type
291
Memorial Gardens Canada Limited (only re: 33 Memory Gardens for now)
Tom Barlow
Topic Specific Site Specific
293
Villa Charities and Italian Canadian Benevolent Seniors Apartment Corporation
Quinto Annibale
Site Specific
295
Withdrawn (letter dated March 12, 2019)
296
Park Lawn Corporation
Bruce Ketcheson
Topic Specific Site Specific
297
Perry and Deloris Avdoulos
Perry and Deloris Avdoulos*
Site Specific
298
Catherine Morrison
Barry Morrison*
Site Specific
299
Eileen and Michael Denny
Eileen Denny*
Site Specific
300
Confederation of Resident and Ratepayer Associations in Toronto
Eileen Denny*; William Roberts*
Topic Specific
301
Teddington Park Residents Association
Eileen Denny*
Topic Specific Area Specific
303
217 Adelaide Holding Limited
Calvin Lantz
Site Specific
Note: Appeal to be addressed through site specific rezoning for 217 Adelaide Street West.
305
Withdrawn (letter dated September 17, 2024)
306
214 King Holding Limited
Kim Kovar
Site Specific
307
Withdrawn/Settled (letter dated July 27, 2022; OLT Order issued November 30, 2022; letter dated October 23, 2024)
316
Eddystone Meat Products
Adam Brown; Jessica Smuskowitz; Sean Brown
Site Specific
319
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
320
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
321
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
322
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
323
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
324
Appeal allowed by OLT Orders issued March 16, 2020 and August 17, 2020
Non-Appellant Parties
Party
Name(s)
Counsel/Agent*
Sheltering Under
A
Canadian Propane Association
Patrick Duffy; Calvin Lantz
Appeal 77
B
David Fleming on behalf of the Swansea Area Ratepayer's Association (SARA)
David Fleming*
Phase 2 Appeals (Resolved)
C
George Labrakos
George Labrakos*
D
Dr. Sean Makhduni
Dr. Sean Makhduni*