Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 14, 2025
CASE NO(S).: OLT-23-000818
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1240967 Ontario Inc. & Assessment Appeals Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of a 29 storey residential building
Reference Number: 20 228056 NNY 06 OZ
Property Address: 3374 Keele Street
Municipality: City of Toronto
OLT Case No.: OLT-23-000818
OLT Lead Case No.: OLT-23-000818
OLT Case Name: 1240967 Ontario Inc. & Assessment Appeals Inc. v. Toronto (City)
BEFORE:
BITA M. RAJAEE MEMBER
Monday, the 14th day of July, 2025
THIS MATTER having come before the Tribunal for a hearing, in writing, and for Case Management Conferences on November 14, 2023 and February 15, 2024;
THE TRIBUNAL, having been advised by the Parties, 1240967 Ontario Inc. & Assessment Appeals Inc., the City of Toronto (“City”), and the Starlight Investment CDN AM GROUP GP LP that a full settlement agreement has been reached among them;
AND THE TRIBUNAL, having received and considered material from the Parties, including but not limited to:
i. A comprehensive Affidavit, sworn on March 10, 2025 by David A. McKay, a Registered Professional Planner and full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute;
ii. The attached Exhibits to the Affidavit of David A. McKay; and
iii. The draft Zoning By-law Amendment (“ZBA”).
AND THE TRIBUNAL having accepted the uncontradicted opinion evidence of David A. McKay, who, based on his experience and knowledge, was qualified by the Tribunal to provide expert opinion evidence in the field of Land Use Planning, with respect to a proposed ZBA for lands known municipally as 3374 Keele Street in the City (“Subject Lands”);
AND THE TRIBUNAL finding that the ZBA, as revised by the settlement agreement, is consistent with, conforms to, and is in keeping with applicable policies and guidelines of the Province of Ontario and the City, including:
i. The Planning Act, R.S.O. 1990, c. P.13 (“Act”);
ii. The Provincial Planning Statement, 2024 (“PPS”);
iii. The City of Toronto Official Plan (“City’s OP”);
iv. The City of Toronto Zoning By-law No. 569-2013;
v. The City of Toronto Guidelines including the: Tall Building Design Guidelines; Growing Up: Planning for Children in New Vertical Communities Guidelines; Pet-Friendly Design Guidelines for high-Density Communities; Toronto Green Standards; and the Bird Friendly Design Guidelines.
AND THE TRIBUNAL being satisfied that the ZBA, as revised by the settlement agreement, meets the required legislative tests, represents good planning, and is in the public interest in various ways, including but not limited to the following:
- It has appropriate regard for matters of provincial interest outlined in the Act;
- It is consistent with the PPS;
- It conforms with the City’s OP;
- It provides for appropriate density that is transit-supportive and located along existing transit infrastructure investment within a frequent transit corridor;
- It provides for intensification, urban revitalization, and growth in a modern urban format that is compact, vibrant, and pedestrian-oriented, and is in keeping with the evolving character of the area;
- It will facilitate a range of residential housing units and types, providing additional housing choices for existing and future residents in the area;
- Through the additional housing units created by way of the development it facilitates, it will help the City and Province address the housing crisis and help the City meet its housing target;
- It, and the development of the tall building it facilitates, does not create any undue impacts on adjacent lands, and will not result in any environmental or public health and safety concerns;
- It permits redevelopment of the Subject Lands in an appropriate manner, utilizing and supporting the optimization of existing municipal and transit infrastructure;
- It conforms to policies regarding sustainable development and promotes a sustainable community by incorporating low impact development measures, transportation demand management measures, and other green infrastructure;
- It provides for family-sized units and appropriate amenity space;
- It will allow for a development located within reasonable walking and cycling distance to commercial, recreational, and educational facilities, and the Downsview Park TTC / GO station, thus supporting a healthy and active lifestyle for future residents; and
- It will allow for a development that is compatible with adjacent and surrounding land uses.
AND THE TRIBUNAL finding that, based on the above and on the material submitted, the ZBA, as revised by the settlement agreement, warrants approval;
NOW THEREFORE,
THE TRIBUNAL ORDERS THAT:
The appeal by 1240967 Ontario Inc. & Assessment Appeals Inc. (“Owner”), pursuant to section 34(11) of the Planning Act, is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [2] below, and the Zoning By-law Amendment set out in Attachment 1 to this Interim Order, is hereby approved in principle.
The Tribunal will withhold the issuance of its Final Order contingent upon confirmation by the City Solicitor of completion of the following pre-requisite matters:
a. confirmation that the final form and content of the Draft Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review;
b. the Owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater runoff, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, and/or any upgrades that may be required;
c. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report, a Holding Provision shall be included in the final form of the site-specific zoning by-law amendment and the Holding Provision is not to be lifted until such time as the Owner has made satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure, including entering into appropriate agreement(s) with the City and the provision of financial securities, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
d. the Owner has submitted an updated Transportation Impact Study report which will include information on the proposed driveway relocation, site circulation, traffic signals and any outstanding comments not addressed to the satisfaction of the General Manager, Transportation Services;
e. the Owner has addressed all outstanding issues raised in the Urban Forestry, Tree Protection and Plan Review memo dated May 15, 2023, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;
f. the Owner has submitted revised architectural drawings removing the proposed balconies on the north façade of the base building; and
g. the Owner has submitted a Pedestrian Level Wind Study demonstrating that the development can achieve comfortable wind conditions and that any necessary modifications to achieve pedestrian comfort are implemented and secured in the Zoning By-law and/or Site Plan process, all to the satisfaction of the Executive Director, Development Review Services.
The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-Law Amendment and the issuance of the Final Order.
The Tribunal may be spoken to in the event that some matter should arise in connection with the implementation of this Order.
If the Parties do not submit the final drafts of the Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph [2] above have been satisfied, and do not request the issuance of the Final Order, by Friday, July 31, 2026, the Owner and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-law Amendment and issuance of the Final Order by the Tribunal.
The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional time lines and deadline for the submission of the final form of the instrument(s), the satisfaction of the contingent prerequisites, and the issuance of the Final Order.
“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.
“Attachment 1”