Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 26, 2025
CASE NO(S).:
OLT-25-000184
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
1212763 Ontario Limited and 1212765 Ontario Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To facilitate the redevelopment of 1601 and 1603 Bathurst Street.
Reference Number:
19 211934 STE 12 OZ
Property Address:
1601 and 1603 Bathurst Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-25-000184
OLT Lead Case No:
OLT-25-000184
OLT Case Name:
1212765 Ontario Limited and 1212763 Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To facilitate the redevelopment of 1601 and 1603 Bathurst Street.
Reference Number:
19 211943 STE 12 SA
Property Address:
1601 and 1603 Bathurst Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-25-000185
OLT Lead Case No:
OLT-25-000184
OLT Case Name:
1212765 Ontario Limited and 1212763 Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Subject:
Failure to make a decision on the site plan application
Description:
To facilitate the redevelopment of 1601 and 1603 Bathurst Street.
Reference Number:
19 211934 STE 12 OZ
Property Address:
1601 and 1603 Bathurst Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-25-000186
OLT Lead Case No:
OLT-25-000184
OLT Case Name:
1212765 Ontario Limited and 1212763 Ontario Limited v. Toronto (City)
Heard:
June 19, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
1212763 Ontario Limited and 1212765 Ontario Limited
Maggie Bassani Anna Lu
City of Toronto
Derin Abimbola
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON June 19, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
Background
1This Decision and Order arises from the first Case Management Conference held regarding appeals by 1212763 Ontario Limited and 1212765 Ontario Limited (“Appellant”) pursuant to ss. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Planning Act”), and s. 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Schedule A., as amended (“Toronto Act”), concerning official plan amendment, zoning by-law amendment, and site plan applications (together, “Applications”) in the City of Toronto (“City”) for lands municipally known as 1601 and 1603 Bathurst Street (“Subject Lands”).
2The Applications were appealed to the Tribunal as a result of the City’s failure to make a decision within the statutory timeframes prescribed by the Planning Act and Toronto Act, respectively.
Context
3The Subject Lands are located on the east side of Bathurst Street approximately 700 metres south of St. Clair Avenue West. They are irregularly shaped with a combined lot area of approximately 9,200 square metres and a combined frontage of approximately 50 metres along Bathurst Street.
4The Subject Lands are currently developed with a four-storey rental apartment building and a six-storey rental apartment building. The Applications, which were revised on March 27, 2024, seek to permit the redevelopment of the Subject Lands by replacing the four-storey rental apartment building with a seven-storey residential building containing 74 dwelling units, inclusive of nine rental replacement units. The existing six-storey rental apartment building is proposed to be maintained in its current form with minor site alterations.
NOTICE
5The Tribunal was in receipt of an Affidavit of Service sworn by Natalie Hickey on May 20, 2025. The affidavit was subsequently revised on June 9, 2025 to replace Exhibit “G” thereto. The May 20, 2025 notice is hereby marked as Exhibit 1A. The June 9, 2025 revised notice is hereby marked as Exhibit 1B. There were no concerns with the service of notice and, as such, no further notice is required in these proceedings.
STATUS REQUESTS
6The Tribunal received one request for Participant status from John Stocks. Mr. Stocks is the Secretary of the Board for Toronto Standard Condominium Corporation No. 1475 (“TSCC 1475”) and resides in the building immediately south of the Subject Lands. He confirmed for the Tribunal and Parties that he is authorised to represent and act on behalf of TSCC 1475 at these proceedings.
7Mr. Stocks’ Participant status request pertains only to the official plan amendment and zoning by-law amendment appeals pursuant to ss. 22(7) and 34(11) of the Planning Act (Tribunal Case Nos. OLT-25-000184 and OLT-25-000185, respectively). His concerns – and those of TSCC 1475 – relate to:
site access;
demolition and construction impacts;
views to the adjacent ravine;
light pollution and privacy;
community consultation;
the design and appearance of the proposed new building; and
impacts on city infrastructure, the physical environment, and pedestrian and vehicular traffic.
8Mr. Stocks’ request was not opposed by any of the Parties and was granted by the Tribunal.
OPPORTUNITIES FOR SETTLEMENT
9Counsel for the Appellant submitted that they are interested in having discussions with the City to either fully resolve or narrow the scope of issues in advance of a hearing. Should the Parties determine that Tribunal-led mediation could be of assistance, they will contact the Tribunal to request same.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
10The Parties did not prepare a draft procedural order or issues list in advance of the CMC. Rather, counsel advised the Tribunal that City staff are seeking instructions on the appeals at the City Council meeting taking place from June 25 to 27, 2025. Following that meeting, counsel for the City will be in a position to provide the Appellant with a draft issues list for their consideration, which can then be forwarded to the Tribunal.
NEXT CMC
11The Parties requested that a second CMC be scheduled during the last week of July 2025 to finalise a procedural order and issues list, which would be sent to the Tribunal in advance for consideration.
12The Tribunal granted the request and scheduled a second CMC, to be held via telephone conference call (“TCC”), on Tuesday, July 29, 2025, at 9:00 a.m.
13The Parties are hereby directed to provide the Tribunal with a draft procedural order and issues list by no later than Thursday, July 24, 2025.
14Individuals are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15THE TRIBUNAL ORDERS that John Stocks is granted Participant status to Tribunal Case Nos. OLT-25-000184 and OLT-25-000185 on behalf of Toronto Standard Condominium Corporation No. 1475.
16THE TRIBUNAL ORDERS that the Parties are to provide the Tribunal with a draft procedural order and issues list by no later than Thursday, July 24, 2025.
17No further notice is required.
18This Member is not seized.
“S. Dixon”
s. dixon
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.