Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2025
CASE NO(S).: OLT-25-000292
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Bayview Ridge Residences Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of 50 townhomes
Reference Number: 24 235666 NNY 18 OZ
Property Address: 3386-3398 Bayview Avenue and 32 Brenham Crescent
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000292
OLT Case Name: Bayview Ridge Residence Inc. v. Toronto (City)
Heard: June 23, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Bayview Ridge Residences Inc. ("Applicant/Appellant") | John Alati Grace O’Brien |
| City of Toronto ("City") | Jason Davidson Sarah Barnett |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JUNE 23, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference ("CMC") held regarding the appeals filed by the Applicant pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended on the failure of the City to make a decision within the statutory timeframe.
2The Subject Lands are municipally located at 3386-3398 Bayview Avenue and 32 Brenham Crescent, in the City ("Subject Lands").
3The Zoning By-law Amendment ("ZBA") application proposes to rezone the Subject Lands to include site-specific standards relating to setbacks, maximum gross floor area, building height, lot coverage, parking, landscaping and permitted projections. The Applications for a ZBA seek to permit a residential development, which will consist of 50 4-storey townhomes on a private laneway/driveway.
4The Tribunal had received an Affidavit of Service sworn by Ali Ahmed dated June 2, 2025, confirming that Notice of this CMC was properly given and is therefore marked as Exhibit 1.
STATUS REQUESTS
5The Tribunal received no Party or Participant Status requests on this matter.
MEDIATION
6The Tribunal noted that the Parties was notified on the option for Tribunal-led mediation, which if the Parties wish to pursue Tribunal-led mediation that additional information can be obtained through the Case Coordinator. The Parties further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
7On consent, the Parties requested a nine-day Merit Hearing based on the number of witnesses expected to testify. The Tribunal directed the Parties to submit, on consent, a draft Procedural Order inclusive of an Issues List to the Case Coordinator on or before Friday, July 4, 2025, for review and approval by the Tribunal.
HEARING
8Accordingly, the Tribunal set the nine-day Merit Hearing to commence on Monday, January 19, 2026, at 10 a.m. by video conference noting that Monday, January 26, 2026, the Tribunal will not be available.
9Parties and/or Participants and/or Observers are asked to log in to 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/996288525
Access Code: 996-288-525
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 in to an audio-only telephone line: Toll-Free 1(888) 299-1889 or +1 (647) 497-9373. The Access Code is 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 Video Hearing 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.
13If the Parties resolve the remaining issues, they are directed to contact the Case Coordinator to secure a date for a settlement hearing.
ORDERS
14THE TRIBUNAL ORDERS its directions in this Decision.
15This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
16No further notice will be given.
"D. Chipman"
D. CHIPMAN MEMBER
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.