Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2025
CASE NO(S).: OLT-25-000424
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fredco Trading Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of an 11-storey mixed-use building and a 4-storey residential building
Reference Number: 24 234048 NNY 18 OZ
Property Address: 234 Sheppard Avenue West and 223 Harlandale Avenue
Municipality: City of Toronto
OLT Case No.: OLT-25-000424
OLT Lead Case No.: OLT-25-000424
OLT Case Name: Fredco Trading 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: Fredco Trading Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of an 11-storey mixed-use building and a 4-storey residential building
Reference Number: 24 234048 NNY 18 OZ
Property Address: 234 Sheppard Avenue West and 223 Harlandale Avenue
Municipality: City of Toronto
OLT Case No.: OLT-25-000425
OLT Lead Case No.: OLT-25-000424
Heard: August 06, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Fredco Trading Inc.
I. Andres
City of Toronto
D. Elmadany
MEMORANDUM OF ORAL DECISION BY S. deBOER DELIVERED ON AUGUST 6, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) regarding the appeal by Fredco Trading Inc. (“Appellant”) pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”) due to the City of Toronto’s (“City”) failure to make a decision on the Official Plan Amendment Application (“OPA”) and the Zoning By-law Amendment Application (“ZBA”) within the statutory timeframes of the Act.
2The purpose of the OPA and ZBA is to permit the lands municipally known as 234 Sheppard Avenue West and 223 Harlandale Avenue to be redeveloped with an 11-storey mixed use building and a second 4-storey residential building.
AFFIDAVIT OF SERVICE
3The Tribunal reviewed the Affidavit of Service by Rochelle Vasquez dated July 18, 2025, with the Parties. The Tribunal marked the Affidavit of Service as Exhibit 1 to the CMC and ruled that no further Notice would be necessary.
PARTY OR PARTICIPANT REQUESTS
4The Tribunal did not receive any Party requests prior to or during the CMC. The Tribunal had received one Participant request from James McLean prior to the CMC. The Parties agreed that the request for the Participant status and the Participant Statement should be allowed. After review, the Tribunal approved the Participant Status Request and Participant Statement of Mr. McLean. The Tribunal stated to Mr. McLean that his Participant Statement will be considered in the course of the Merits Hearing.
OPPORTUNITIES FOR RESOLUTION
5The Parties are aware of Tribunal-led mediation; however, the Parties are not at a point of needing mediation. The Parties will contact the Case Coordinator if Tribunal-led mediation is needed.
PROCEDURAL ORDER AND ISSUES LIST
6The Parties stated that a draft Procedural Order (“PO”) and Issues List (“IL”) has not been circulated and that there are ongoing conversations between the Appellant and the City pertaining to this appeal. It was the request of the Parties to schedule a second CMC to occur near the end of February or early March 2026. This would give enough time for the Parties to, at a minimum, reduce the issues and present an updated PO and IL to the Tribunal for review and approval.
NEXT STEPS
7The Tribunal reviewed possible dates with the Parties as to the scheduling of the next CMC. The Tribunal has scheduled the next CMC to occur on Thursday, March 5, 2026, at 10 a.m. by Video Hearing. The Tribunal directs the Parties to provide an updated PO and IL for the Tribunal’s review before the next CMC.
8Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins, to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
9Parties and/or Participants 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 it by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9393. The access code is: 979-388-733.
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 listed above.
13The Member is not seized, however, may be spoken to if procedural issues arise, subject to the Tribunal’s calendar.
“S. deBoer”
S. deBOER
MEMBER
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.