Canadian Tire Corporation Limited v. Toronto (City), 2025 CanLII 74213

ISSUE DATE: July 15, 2025

CASE NO(S).: OLT-24-001245

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Canadian Tire Corporation Limited

Subject: By-law No. 1260-2024

Description: To permit an amendment to the Zoning By-law to update permissions and performance standards for mid-rise buildings on certain Avenues.

Reference Number: 23 207644 CPS 00 OZ

Property Address: City-Wide

Municipality/UT: Toronto

OLT Case No.: OLT-24-001245

OLT Lead Case No.: OLT-24-001245

OLT Case Name: Canadian Tire Corporation Limited v. Toronto (City)

Heard: May 1, 2025 by Video Hearing

APPEARANCES:

Parties

Counsel

Canadian Tire Corp.

Peter Voltsinis Leisk (in absentia)

City of Toronto

Cameron McKeich Jessica Amey (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON MAY 1, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1The matter before the Tribunal, was the first Case Management Conference (“CMC”) held in regard to Canadian Tire Corp’s appeal of the City of Toronto’s approval Bill 245 on November 28, 2024, pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”).

2The appeal seeks to permit an amendment to Zoning By-law No. 1260-2024 (“ZBL”) to update permissions and performance standards for mid-rise buildings on certain Avenues.

3The purpose and effect of the ZBL is to facilitate mid-rise buildings on mixed-use Avenues throughout the City of Toronto in areas where an Avenue Study has not been completed. The ZBL applies to properties that are located within certain portions of the Avenues designated Mixed-Use Areas in the City’s Official Plan, that are presently zoned Commercial Residential (CR) Zone subject to Development Standard Sets SS2 or SS3 in City-wide Zoning By-law Np. 569-2013 and are not subject to a Site Specific Exception containing potentially conflicting rear setback zoning regulations.

4The Appellant identified a number of concerns with the ZBL, including its failure to provide as-of right residential permissions, contrary to its stated purpose. The Appellant is appealing on the basis that the ZBL is contrary to the PPS and the Official Plan, fails to implement Council’s clear direction to increase permissions for as-of-right residential use, and does not represent good planning.

5An Affidavit of Service sworn by Justine Niddrie was marked as Exhibit 1.

6The Tribunal was informed that the Parties have been holding ongoing negotiations towards a possible settlement of the issues.

NEXT STEPS

7The Tribunal has scheduled a second CMC to commence on Friday, September 5, 2025 at 10 am by Video Hearing.

8Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoToMeeting: https://global.gotomeeting.com/join/638422541

Access Code: 638-422-541

9Parties 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

10Persons 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 into an audio-only telephone line: +1-647-497-9373 or (Toll-Free) +1-888-299-1889. The Access Code is as indicated above.

11Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

ORDER

12THE TRIBUNAL ORDERS its directions contained above in this Decision.

“Carmine Tucci”

CARMINE TUCCI

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.