Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 3, 2025

CASE NO.: OLT-25-000100

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: 1956565 Ontario Inc. Subject: Application to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate construction of three towers with 1626 units Reference Number: 24 149325 STE 14 OZ Property Address: 120 Bouchette Street Municipality/UT: Toronto/Toronto OLT Case No: OLT-25-000100 OLT Lead Case No: OLT-25-000100 OLT Case Name: 1956565 Ontario Inc. v Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: 1956565 Ontario Inc. Subject: Application to amend the Zoning By-law – Failure to adopt the requested amendment Description: To facilitate construction of three towers with 1626 units Reference Number: 24 149325 STE 14 OZ Property Address: 120 Bouchette Street Municipality/UT: Toronto/Toronto OLT Case No: OLT-25-000101 OLT Lead Case No: OLT-25-000100

BEFORE:

“S. Tousaw” VICE CHAIR Thursday, the 3rd day of July, 2025

WHEREAS the Tribunal Ordered in its Decision issued on April 14, 2025 that the Parties file a Procedural Order by July 1, 2025; and

WHEREAS the Tribunal received the Procedural Order on consent of the Parties, including the Party added by the Tribunal Order issued on May 1, 2025;

NOW THEREFORE, the Tribunal Orders that the Procedural Order attached as Schedule “A” is in force and effect.

“Matthew D.J. Bryan” MATTHEW D.J. BRYAN REGISTRAR

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.

Schedule A

CASE NO(S).: OLT-25-000100 & OLT-25-000101

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant and Appellant: 1956565 Ontario Inc. Subject: Application to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate construction of three towers with 1626 units Reference Number: 24 149325 STE 14 OZ Property Address: 120 Bouchette Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-25-000100 OLT Lead Case No.: OLT-25-000100 OLT Case Name: 1956565 Ontario Inc. v Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1956565 Ontario Inc. Subject: Application to amend the Zoning By-law – Failure to adopt the requested amendment Description: To facilitate construction of three towers with 1626 units Reference Number: 24 149325 STE 14 OZ Property Address: 506 – 120 Bouchette Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-25-000101

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on January 19, 2026 at 10:00 a.m. at https://meet.goto.com/348282861 or by phone via the call-in numbers: 1 888 299 1889 or +1 (647) 497-9373.

3. The length of the hearing is 9 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. If the Applicant intends to seek approval of a revised proposal at the hearing, the Applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports which it intends to rely upon, to all the Parties on or before September 12, 2025. The Applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

10. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before October 31, 2025 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before November 10, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before November 20, 2025.

12. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before December 5, 2025, the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

15. On or before December 5, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before December 15, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before January 9, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fifteen (15) days after the evidence is received and in accordance with paragraph 22 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 9, 2026.

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before January 12, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness, and except as contemplated in paragraph 9 of this Order. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So Orders the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
September 12, 2025	Deadline to provide revised plans
October 31, 2025	Exchange of witness lists (names, disciplines and order to be called)
November 10, 2025	Experts meeting prior to this date, if any
November 20, 2025	Agreed Statement of Facts, if any
December 5, 2025	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
December 20, 2025	Exchange of Reply Witness Statements (if any)
December 15, 2025	Confirm if reserved hearing dates still required
January 9, 2026	Exchange of visual evidence (if any)
January 9, 2026	Finalize Joint Document Book
January 12, 2026	Hearing Plan filed with the Tribunal
January 19, 2026	Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

1. 1956565 Ontario Inc. Goodmans LLP 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 Joe Hoffman Tel: 416.597.5168 Email: jhoffman@goodmans.ca

2. City of Toronto 55 John Street, 26th Floor Toronto, ON M5V 3C6 Lauren Pinder Tel: 416.392.0797 Email: lauren.pinder@toronto.ca

Jason Davidson Tel: 416.392.4835 Email: jason.davidson@toronto.ca

3. SLH Lakeshore Inc. Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Eileen Costello Tel: 416.865.34740 Email: ecostelloi@airdberlis.com

4. Toronto Port Authority Bennet Jones LLP 3400 One First Canadian Place P.O. Box 130, Toronto ON M5X 1A4 Andrew Jeanrie Tel: 416.777.4814 Email: jeanriea@bennettjones.com

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

A. City of Toronto Issues List

Planning Act

1. Does the proposed development have regard for the matters of provincial interest set out in Section 2 of the Planning Act, and in particular (f), (h), (j), (o) and (r)?

Provincial Planning Statement 2024

2. Is the proposed development consistent with the Provincial Planning Statement as required by Section 3(5) of the Planning Act, and in particular policy 2.2.1(a), 2.4.1.2(d), 3.3.1, 3.3.3, 3.5.1, 3.6.1, 5.2.3, and 5.2.5?

Former City of Toronto Official Plan (1994)

3. Does the proposed development conform with the Former City of Toronto Official Plan, 1994, and in particular the following sections:

• 2.68 (Development Policies in the Lower Don Special Policy Area);
• 2.73 (Implementation of the Special Policy Area Criteria);
• 3.13 (Relationship of New Buildings to Their Built Form Context);
• 3.14 (Building Setbacks, Heights and Densities);
• 3.26 (Wind Speed Levels and Pedestrian Comfort);
• 3.27 (Sunlight On Parks And Important Pedestrian Streets);
• 6.1 (Housing Goals);
• 6.12 (Objectives for Low-End-Of-Market and Affordable Housing in New Developments);
• 8.2.7 (Improvements for Pedestrians);
• 9.14 (Priority Retail Streets);
• 9.15 (New Retail Development); and
• 14.2 (The City’s Primary Goals and Objectives For The Waterfront)

4. Does the proposed development conform with the policies of the Central Waterfront Secondary Plan, and in particular the following:

• Designing the Built Environment – P30 to P32
• Housing Options – P38 and P39
• 2.1 – Planning at a Precinct Level
• 2.6 – Holding By-laws
• Schedule A – Proposed Rights-of-Way Widths for Major Roads
• Schedule C – Port Lands Area Specific Policies o 4.2.3 (a) to (f) – McCleary District (PIC Mixed-Use District) o 4.3.3 – Districts identified for PIC Mixed-Use o 4.7.1 to 4.7.7, 4.7.11 – Land Use Compatibility o 4.8.1 – Retail and Animation o 8.1 to 8.4, 8.7, 8.11, 8.12 – Inclusive Communities o 9.1, 9.2, 9.5, 9.12, 9.14.2 – Movement and Access o 10.2, 10.3.1, 10.4 to 10.7, 10.9.5 – Built Form o 12.1 to 12.3, 12.6 – Innovation and Sustainability o 14.5 to 14.7 – Municipal Servicing, Utilities and Green Infrastructure o 15.3, 15.12, 15.14 – Implementation

City of Toronto Official Plan

5. Does the proposed development conform with the City of Toronto Official Plan, and in particular the following sections:

• 2.2 Structuring Growth in The City: Integrating Land Use and Transportation – Policies 5 to 9
• 2.2.4 Employment Areas: Supporting Business and Employment Growth – Policies 5 to 8
• 2.4 Bringing the City Together: A Progressive Agenda of Transportation Change – Policies 1 to 4, 7 to 12, 14, 15, 17 and 22
• 3.1.1 – The Public Realm – Policies 2 to 9, 12 to 16, 19, 20, 22, and 27
• 3.1.3 – Built Form – Policies 1 to 13
• 3.1.4 – Built Form – Building Types – Policies 1, and 7 to 12
• 3.2.1 – Housing – Policy 1
• 3.2.3 – Parks and Open Spaces – Policies 1, and 3 to 6
• 3.5.1 – Creating A Strong And Diverse Civic Economy – 1 to 3
• 3.5.3 – The Future Of Retailing – Policies 1 to 5, and 7
• 4.4 – Utility Corridors – Policy 5
• 4.7 – Regeneration Areas – Policies 1 to 3
• 5.1.2 – Holding By-laws – Policies 1 and 2

Guidelines

6. Does the proposed development meet the intent and purpose of the Tall Building Design Guidelines (2013), and in particular, guidelines 3.1.1, 3.2.1, 3.2.2, 3.2.3, and 3.2.4?

7. Does the proposed development meet the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities, Urban Design Guidelines (2020), and in particular guideline 2.1.a?

8. Does the proposed development meet the intent and purpose of the Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings (2019), and in particular guidelines 4.1, 4.2 and 4.3?

Land Use & Precinct Planning

9. Does the proposal provide for the appropriate land use mix, including the provision of PIC and other non-residential uses?

10. Is the proposal suitably aligned with the concurrent McCleary District Precinct Planning exercise and in particular as it concerns the distribution and proportion of PIC Core uses; the layout of streets (public and/or private); and district-wide built form direction?

Built Form/Urban Design

11. Do built form characteristics of the proposed development and in particular the height, density, massing, setbacks, separation distance and scale represent good land use planning and good urban design? Without limiting the generality of the foregoing, does the proposed development address the following:

• provide appropriate base and tower building heights and floorplates consistent with precinct planning for McCleary District;
• provide street level retail and other animation to frame and activate a high quality public realm;
• mitigate wind and shadow impacts on public realm, parkland and neighbouring properties;
• provide building setbacks and step-backs and an overall built form which has regard to existing and potential future development within the block and broader precinct;
• preserve views to area heritage features consistent with the planned vision for the District; and
• provide an architectural response to net-zero sustainability objectives and passive design consistent with the CWSP?

Transportation

12. Does the proposal appropriately protect for the public rights-of-way over portions of or adjacent to the site, including the provision of a holding provision in the proposed zoning by-law amendment requiring any necessary conveyances of land?

13. Does the proposal:

• provide for appropriate access and egress from the site;
• meet the minimum parking and loading requirements of Zoning By-law No. 569-2013 as are appropriate; and
• satisfy the appropriate Transportation Demand Management requirements?

Housing and Unit Mix

14. Does the development contribute to the creation of a range and mix of housing options in the community?

15. Does the development provide appropriate unit mix and sizes of dwelling units?

16. Does the proposal provide an adequate supply of affordable housing consistent with the targets established through the CWSP and precinct planning?

Infrastructure

17. Are there adequate municipal services in place to support the development, including the availability of adequate sanitary, storm and water capacity, including water pressure, and the implementation of appropriate stormwater management measures and groundwater management measures?

Public Interest and Good Planning

18. Is the proposed zoning by-law amendment good planning and in the public interest?

Implementation

19. If the requested Zoning By-law Amendments are approved by the Tribunal, what are appropriate conditions to be satisfied prior to the issuance of a final order?

PortsToronto Issues List

Consistency With the Provincial Planning Statement (2024)

Are the 120 Bouchette Street Official Plan Amendment and Zoning By-law Amendment (the “120 Instruments”) consistent with the Provincial Planning Statement (2024), with a focus on: 3.2 Transportation Systems 3.3 Transportation and Infrastructure Corridors 1.; 2.; and 3. 3.4 Airport, Rail and Marine Facilities

Do the 120 Instruments sufficiently consider Section 6.1.7. of the Provincial Planning Statement (2024)?

Former City of Toronto Official Plan and Central Waterfront Secondary Plan

Do the 120 Instruments conform to the former City of Toronto Official Plan, Central Waterfront Secondary Plan, and PLASP 2017, with a focus on: Ensuring the Toronto City Centre Airport’s (the “Airport”) ongoing economic contribution to the City; and Section 4.7. of the PLASP 2017 respecting Land Use Compatibility?

Do the 120 Instruments conform the City of Toronto Official Plan Site and Area Specific Policy 194. c) “…the continued use of the airport lands for aviation purposes will be supported, …, including protection of the existing flight paths….”. ?

General

Do the 120 Instruments represent good planning?

Should the Official Plan Amendment include a policy that specifically acknowledges that the height of any buildings and structures (including for example temporary structures such as construction cranes) should be limited to a maximum height that does not negatively impact the flight paths and procedures of the Airport?

Do the 120 Instruments ensure that the Airport will be able to safely operate into the future through the appropriate height permissions at 120 Lake Shore Boulevard East?

Would it be appropriate in the 120 Instruments to include “Planning Act holding” policies that require confirmation from PortsToronto and NAV Canada that the heights for both buildings, and any required construction cranes, will not negatively impact the flight paths and procedures of the Airport?

ATTACHMENT 4

ORDER OF EVIDENCE

1956565 Ontario Inc. City of Toronto SLH Lakeshore Inc. Toronto Port Authority 1956565 Ontario Inc. (in reply, if necessary)

ATTACHMENT 5

PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

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