Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 29, 2025
CASE NO(S).: OLT-25-000369
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant Starbank Developments 1416 Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 43-storey mixed-use building
Reference Number: 24 222025 NNY 08 OZ
Property Address: 1410-1416 Eglinton Avenue West
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000369
OLT Lead Case No: OLT-25-000369
OLT Case Name: Starbank Developments 1416 Corp. v. Toronto (City)
Heard: August 26, 2025 by Video Hearing
APPEARANCES:
Parties Counsel
Starbank Developments 1416 Corp. Sarah Kagan Ira Kagan (in absentia)
City of Toronto Ray Kallio Ariel Lo-Wong
MEMORANDUM OF ORAL DECISION DELIVERED BY Kurtis Smith ON August 26, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) pertaining to the appeal filed by Starbank Developments 1416 Corp. (“Appellant”). The Appellant is seeking to develop their lands Municipally known as 1410-1416 Eglinton Avenue in the City of Toronto (“City”).
2The Appellant sought a Zoning By-law Amendment (“ZBA”) to permit the proposed mixed-use 43-storey development with at grade commercial and 442 residential units above. The Appellants appealed the non-decision by City Council.
3The Tribunal marked the Affidavit of Service of the CMC as Exhibit 1. There were no issues with the notice, and as such no further notice is required.
4Eighteen participant status requests and no Party status requests were received by the Tribunal.
PARTICIPANT STATUS REQUESTS
5Prior to the commencement of the CMC the Tribunal received 18 Participant Status Requests.
6The City and Appellant consented to granting each of the requests.
7The Tribunal granted the 18 Participant Status Requests as they reside in the immediate neighbourhood, raising concerns of height, transition, density, open space, traffic, transit and shadow impacts, etc.
MEDITATION
8The Tribunal advised the Parties of Ontario Land Tribunal led mediation and were directed to contact the Case Coordinator if they wish to utilize those services. The City and the Appellant indicated that they are both interested in mediation.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
9The Appellant requested that the Tribunal impose a deadline for the City to provide the Appellant with their Issues List (“IL”), a deadline to supply the Draft Procedural Order (“DPO”) to the Case Coordinator and to schedule the merit hearing.
10The City communicated to the Tribunal that the ZBA was deemed complete on January 24, 2025, appealed on May 12, 2025, and came before Council on July 23, 2025, where Council authorized staff to oppose the appeal. The City stated that there is “no rush or delay” and requested that a second CMC be scheduled to consider the DPO and IL. Furthermore, the City communicated that staff has already began generating the IL.
11The Parties’ anticipate that 7-10 days will be required for the merit hearing.
12In the absence of the DPO and IL, the Tribunal scheduled a second CMC with adequate time for the Parties to work collaboratively to produce the DPO and IL prior to the second CMC.
13At the request of the Appellant, the Tribunal imposed the following deadlines:
a. On or before September 18, 2025, the City will supply the Appellant with the City’s IL
b. On or before September 29, 2025, the Appellant will provide the DPO and IL to the Case Coordinator.
SECOND CASE MANAGEMENT CONFERENCE SCHEDULED
14The Tribunal scheduled a second CMC for Tuesday, October 7, 2025, at 10 a.m. by video conference as set out below.
15At the CMC the Tribunal will review and consider the DPO and IL, and schedule the hearing of the merits. Additionally, the Parties were directed to review their availability for the pending merit hearing in advance of the CMC.
16The Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
Go to Meeting: https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
17Parties and 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
18Persons who experience technical difficulties accessing the GoToMeeting 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.
19Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
20THE TRIBUNAL ORDERS that:
a. the 18 Participants listed on Schedule A as attached to this Order are hereby granted Participant Status;
b. the City will provide their Issues List to the Appellant on or before Thursday, September 18, 2025;
c. the Appellant will provide the draft Procedural Order and Issues List to the Tribunal on or before Monday, September 29, 2025;
d. a second Case Management Conference be scheduled on Tuesday, October 7, 2025, as set out above;
e. the Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Kurtis Smith”
Kurtis Smith
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.
Schedule A
1 Rod McPhail
2 Solomon Fischhoff
3 Susan Morry
4 Toronto Common Elements Condominium Corporation No. 2018
5 Jonathan Schwartz
6 Neil Tandon
7 Melitta Chan
8 Mimi Shao
9 Daniel Rasquinha
10 Mariam Pirmohammadi
11 Caitlin Foster
12 Vaneesa Tang
13 Van Xuong Mong
14 Michael Steinberg
15 Tanya Dunn
16 Zuwa Omigie
17 Hugh Pattison
18 Nicola and Angela Nicastro