Bayview Ridge Residence Inc. v. Toronto (City), 2025 CanLII 68202

Issue Date: July 9, 2025 Case No.: 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)

Before: D. Chipman, Member Date: Tuesday, the 9th day of July, 2025

Order

THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on June 23, 2025;

AND THE TRIBUNAL having directed the submission of a draft Procedural Order on consent of all the parties;

AND THE TRIBUNAL having received the requested draft Procedural Order, on consent;

AND THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule “1” is in full force and effect to govern the merit hearing. No changes can be made without the Tribunals authorization.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN ACTING 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

Schedule 1

Issue Date: 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.

Procedural Order

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

The video hearing will begin on January 19, 2026 at 10:00 a.m. by videoconference at the following link https://meet.goto.com/996288525
The parties’ initial estimation for the length of the hearing is 9 days concluding on Friday, January 30, 2026. The Tribunal will not sit on Monday, January 26, 2026. 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.
The parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 4 for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. With the exception of the removal or scoping of issues as may be agreed upon between the parties, 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.
The order of evidence shall be as set out in Attachment 3 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.
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.
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

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, to the other Parties on or before Friday, October 31, 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.
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 Wednesday, November 5, 2025, and in accordance with paragraph 24 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.
In the event a Party files a list of witnesses that does not include a witness with the technical expertise to address such Party’s technically related issues, a Party may make a written request to the Tribunal to strike said issues from the Issues List set out in Attachment 3.
Expert witnesses in the same field shall have a meeting on or before on or before Monday, November 17, 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 Friday, November 21, 2025.
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 15 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.
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 15 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 15 below.
On or before Friday, December 5, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.
On or before Friday, December 5, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Friday, December 19, 2025, parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 24 below.
On or before Monday, January 5, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before Friday, January 9, 2026, the parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator.
On or before Friday, January 9, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Wednesday, January 14, 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.
All filings shall be submitted electronically unless otherwise directed. 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.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized. So orders the Tribunal.

BEFORE: Name of Member: Date: TRIBUNAL REGISTRAR

Summary of Dates

Date	Event
Friday, October 31, 2025	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
Wednesday, November 5, 2025	Parties to exchange lists of witnesses (names, disciplines and intended order to be called)
Monday, November 17, 2025	Expert witnesses in the same field shall have a meeting
Friday, November 21, 2025	Parties must prepare and file a Statement of Agreed Facts and Issues
Friday, December 5, 2025	Witness Statements and Participant Statements to be exchanged
Friday, December 19, 2025	Reply Witness Statements and the reply to written evidence of witnesses (if any) to be exchanged
Monday, January 5, 2026	Visual Evidence to be exchanged
Friday, January 9, 2026	Joint Document Book to be filed
Friday, January 9, 2026	Parties to advise Tribunal whether all the Hearing days are required
Wednesday, January 14, 2026	Preliminary Hearing Plan to be filed
Monday, January 19, 2026	Hearing commences
Friday, January 30, 2026	Hearing concludes

ATTACHMENT 1 – LIST OF PARTIES / PARTICIPANTS

Parties

Bayview Ridge Residences Inc. Davies Howe LLP The Tenth Floor 425 Adelaide Street West, 10th Floor Toronto, Ontario M5V 3C1

John Alati / Grace O’Brien Tel: 416-263-4509 / 416-263-4507 Email: johna@davieshowe.com / graceo@davieshowe.com

City of Toronto City of Toronto, Legal Services Division 26th Floor, Metro Hall 55 John Street Toronto, Ontario M5V 3C6

Jason Davidson / Sarah Barnett Tel: 416-392-4835 / 416-397-2358 Email: Jason.Davidson@toronto.ca / Sarah.Barnett@toronto.ca

ATTACHMENT 2 – ISSUES LIST

The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a party indicates that party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other parties the case they need to meet.

Issues of the City of Toronto

PROVINCIAL STATUTORY & POLICY REQUIREMENTS

Planning Act, R.S.O. 1990, c. P.13

Does the proposed Zoning By-law Amendment have regard for the matters of provincial interest set out in Section 2 of the Planning Act, including, but not limited to, (a), (h), (j), (p), (q), (r) and (s)?
Does approving the proposed Zoning By-law Amendment have appropriate regard for the decision of City Council as required by Section 2.1 of the Planning Act?

LOCAL POLICY FRAMEWORK

City of Toronto Official Plan

Does the proposed Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan (the “Official Plan”), including, but not limited to, the following policies/sections: a. Section 2.3.1 (Healthy Neighbourhoods) b. Section 3.1.1 (The Public Realm); c. Section 3.1.3 (Built Form); d. Section 3.1.4 (Built Form – Building Types) e. Section 3.4 (Natural Environment) i. 3.4.1, ii. 3.4.11 and iii. 3.4.13; f. Section 4.1 (Neighbourhoods), iv. 4.1.5 v. 4.1.9

City of Toronto Guidelines

Does the proposed Zoning By-law Amendment have appropriate regard for the Townhouse and Low-Rise Apartment Guidelines (2018)?
Does the proposed Zoning By-law Amendment adequately support the site organization, building orientation, pedestrian connections, and shared amenity areas as recommended by the Townhouse and Low-Rise Apartment Guidelines (2018)?

SITE SPECIFIC ISSUES

Site Organization, Built Form and Public Realm

Does the proposed Zoning By-law Amendment have regard for appropriate site organization, including setbacks, street frontage and separation distances consistent with Official Plan policy and the Townhouse and Low-Rise Apartment Guidelines?
Does the proposed townhouse configuration, particularly the placement of blocks behind other units ("townhouses behind townhouses") without public street frontage, result in acceptable site organization, visibility, and pedestrian safety?
Is the proposed built form, including building height, massing, density and layout appropriate for the subject lands and the surrounding context?
Does the proposal provide appropriate setbacks, step backs and support the public realm, including contributions to streetscaping, landscaping and tree planting?
Does the proposal appropriately transition in scale to adjacent Neighbourhood, natural heritage areas, and the public realm?
Does the proposal provide safe and accessible pedestrian circulation throughout the site, including internal sidewalks and connections to the surrounding public street network?
Are the curb cuts and fire access on Bayview Avenue minimized and appropriately located to reduce conflicts with the public realm?

Amenity Area

Is the shared outdoor amenity space appropriately located and integrated within the subject lands?
Is the shared outdoor amenity area accessible to all residents through safe and direct pedestrian connections?

Urban Forestry and Trees

Does the proposal provide adequate landscaping, green space, and tree planting areas in accordance with Official Plan Policies 3.1.3 and 3.4.1, and the Toronto Green Standard?
Is the proposed removal of at least forty (40) regulated trees appropriate?
Does the proposal provide sufficient and appropriate tree replacement in accordance with City policy and standards?

Curb Cuts, Loading and Vehicular Access

Is the access to enter and exit the loading area safe and does it provide appropriate maneuvering?
Is the proposal required to screen loading and service areas from the public realm? If so, does it do so appropriately?
Does the proposal provide appropriate vehicular and fire access? Does the proposal provide minimal curb cuts on Bayview Avenue? If not, are minimal curb cuts required to provide appropriate vehicular and fire access?
Does the proposal comply with fire route requirements?
Does the proposed development appropriately address adverse impacts and safety concerns, if any, on the public right-of-way?
Does the proposed development facilitate the safe movement of people and goods, including by providing appropriate loading spaces and access points?

Servicing, Infrastructure and Easement

Does the submitted Functional Servicing and Stormwater Management Report demonstrate that any capacity and servicing concerns respecting the proposed development are addressed in a manner consistent with the procedures set out by the Province and the City?
Does the submitted Hydrogeological Report demonstrate the potential groundwater issues, including but not limited to, short-term dewatering, long-term discharge, water levels, storm water and ground water infiltration impacts, wet weather conditions have been considered and addressed in accordance with applicable guidelines, the Toronto Municipal Code and applicable provincial regulations or statutes?
Does the Functional Servicing and Stormwater Management Report demonstrate that the subject site can be adequately serviced by existing City municipal infrastructure?
If the answer to Issue 27 is no, has the appellant demonstrated what upgrades and/or improvements are required to the City’s municipal infrastructure to accommodate the proposed development?
Has the proposed development appropriately responded to the requirement of a sanitary sewer easement and addressed all issues associated with encroachments related to buildings as well as private servicing that are relevant to obtain a zoning by-law amendment and cannot be addressed at site plan?

Environmental Protection and Natural Heritage

Does the proposal (including the location of the amenity area) appropriately minimize and/or mitigate negative ecological impacts on the Natural Heritage System and associated natural features, if any, and when possible, enhance the natural heritage system, in accordance with the requirements of the City’s Official Plan and Ravine and Natural Feature Protection By-law?

Toronto Green Standard

Does the proposal meet the requirements of the Toronto Green Standard, Version 4, particularly as it relates to tree planting, soil volume, trees along street frontages, connectivity, sidewalk space, and ravine and natural feature protection?

Good Planning

Does the proposed Zoning By-law Amendment represent good planning and is it in the public interest?

Planning Instruments

Is the form and content of the proposed Zoning By-law Amendment appropriate?

ATTACHMENT 3 – ORDER OF EVIDENCE

Bayview Ridge Residences Inc.
City of Toronto
Reply of Bayview Ridge Residences Inc. (if necessary)

ATTACHMENT 4 – 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.