Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 9, 2025

CASE NO(S).: OLT-24-000250

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Fora (77 Erskine) Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To redevelop property with a 35-storey building including 377 new residential units

Reference Number: 22 205741 NNY 15 OZ

Property Address: 77 Erskine Avenue

Municipality/UT: Toronto

OLT Case No.: OLT-24-000250

OLT Case Name: Fora (77 Erskine) Inc. v. City of Toronto

Heard: September 3, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
Fora (77 Erskine) Inc.	David Bronskill, Joe Hoffman (in absentia)
City of Toronto	Jason Davidson

MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON SEPTEMBER 3, 2025 AND INTERIM ORDER OF THE TRIBUNAL

Link to Interim Order

INTRODUCTION

1This Decision and Interim Order arises from a hearing event to consider a proffered settlement of the appeal brought under s. 34(11) of the Planning Act (“Act”) by Fora (77 Erskine) Inc. (“Appellant”), regarding the failure of the City of Toronto (“City”) to make a decision on an application for a Zoning By-law Amendment (“ZBA Application”) for the development of a residential tall building within the timeframe prescribed by the Act with respect to the property located at 77 Erskine Avenue (“Subject Property”).

BACKGROUND

2The Subject Property is located on the south side of Erskine Avenue, approximately 129 m west of Redpath Avenue and less than 500 m north of the intersection of Yonge Street and Eglinton Avenue East. The Subject Property is generally rectangular in shape with an approximate area of 1,738 sq. m. The Subject Property is currently occupied by a four-storey apartment building.

3The Subject property is located in the Yonge-Eglington midtown district and identified in the City of Toronto Official Plan (“City OP”) as being within a Centre, on Map 2 – Urban Structure, and is designated Apartment Neighborhoods on Map 17 – Land Use Plan. The Yonge-Eglinton Secondary Plan (OPA 405) (“YESP”) designates the Subject Property as Apartment Neighborhoods and within the Erskine-Keewatin Character Area. The Subject Property is located in the Eglington Protected Major Transit Station Area (PMTSA) as show in the Ministerially approved OPA 570.

4The Appellant originally filed the ZBA Application with the City seeking permission to demolish the existing building and construct a 35-storey building, including approximately 377 new residential units with a two-level underground garage.

5The Appellant filed the Appeal in February 2024, and the Tribunal convened two Case Management Conferences (“CMC”) on the matter. Through the CMC process, the Tribunal granted Participant Status to eleven interested parties (together, “Participants”).

6The Parties engaged in settlement discussions and, on June 9, 2025, a formal settlement offer was presented by Counsel for the Appellant facilitating a 42-storey residential building, inclusive of 37 rental replacement units. The revised development concept is implemented by: (1) a revised draft zoning by-law amendment (“Draft ZBA”) to the City of Toronto Zoning By-law 569-2013 (“City ZB”); (2) a series of pre-conditions for implementation (“Conditions”); and (3) represented in the revised architectural plans prepared by gh3 dated May 27, 2025 (“Revised Plans”) (together, “Settlement”).

7City Council endorsed the “in principle” approval of the Settlement. The Parties subsequently requested that the Tribunal convene a hearing to consider the proffered Settlement.

8Talia Ocean, a Registered Professional Planner and full member of the Ontario Professional Planners Institute, provided a sworn affidavit in support of the Settlement and was qualified by the Tribunal to provide land use planning opinion evidence in relation to the matters under appeal. Ms. Ocean also provided viva voce opinion evidence at the hearing event in support of the Settlement.

SETTLEMENT DETAILS AND PLANNING RATIONALE

9Ms. Ocean testified to the Tribunal about key revisions from the original ZBA Application to the proffered Settlement, including selected highlights as follows:

1. Increased building height of 42-storeys (146.4 metres, including mechanical penthouse) consisting of a total of 27,687 sq. m of gross floor area, resulting in a total Floor Space Index of 15.9, with a proposed tower floor plate of 750 sq. m.
2. Increased setback and stepbacks on both the podium level and the tower portion of the building, including appropriate tower separation to the existing tower to the east and tower to the west, as well as a sculpted podium, increased setbacks at grade, a cantilever above the sixth storey to a distinct tower element and appropriate separation distances to the townhouse complex directly adjacent to the east at 83-99 Erskine Avenue (“Townhouses”).
3. Increased public space through provision of a mid-block pedestrian connection, secured by surface easement as a publicly-owned, privately-accessible open space, connecting to an existing pedestrian walkway to the south.
4. No balconies on the tower or podium on the east side of the building to avoid overlook on the Townhouses.
5. Inclusion of trellis and planting on the east side of the podium for screening.
6. Residential lobby orientated on the northwest corner of the building facing Erskine Avenue.
7. Two levels of underground parking with a total of 36 spaces provided by a driveway located on the eastern portion of the site adjacent to the Townhouses.
8. A total of 534 bicycle parking spaces.
9. Total combined indoor and outdoor amenity space of 1,499 sq. m with 1,004 sq. m of indoor amenity space and 495 sq. m outdoor amenity space.

10Ms. Ocean testified to the Tribunal that the Settlement includes 37 rental replacement units that will replace the 37 rental units in the existing building. She explained that the rental replacement would be facilitated by a s. 111 Agreement pursuant to the City of Toronto Act, which is set out as one of the pre-requisite Conditions. Ms. Ocean also opined that the rental replacement strategy conforms to the intent of the Housing Policies in s. 3.2.1 of the City OP given that the replacement units are the same number, size and type of rental housing units.

11Ms. Ocean testified that the Settlement conforms to the existing Apartment Neighbourhood designation and the applicable policies from the City OP and that, therefore, an Official Plan Amendment to facilitate the Settlement is not required.

12Ms. Ocean opined that the Settlement has regard for the matters of provincial interest, as set out in s. 2 of the Act, by delivering:

1. A transit-orientated development that will contribute to the efficient use of transportation, sewage and water services.
2. The orderly redevelopment of a safe and healthy community adding a range of residential units to the existing stock of housing.
3. A sustainable design that supports public transit and is pedestrian orientated in appropriate locations for growth and development.

13Ms. Ocean opined that the Settlement is consistent with the Provincial Planning Statement, 2024 (“PPS 2024”) by optimizing an underutilized site using existing infrastructure and by facilitating intensification at an appropriate scale of height and density in a strategic growth area that is transit supportive in a well-designed residential building.

14Ms. Ocean opined that the Settlement conforms to applicable policies in the City OP by providing a high-quality residential building with rental replacement units that is compatible with the existing and planned neighbourhood context. Ms. Ocean further testified that the Settlement also conforms to the applicable policies in the YESP that direct policy for the Midtown area to ensure development of a complete community that maintains diversity in the neighbourhood and integrates land use and infrastructure planning. Specific highlights include that the Settlement conforms to the YESP by contributing to the City achieving minimum intensification targets for residential and job grown for the Midtown Transit Station Area centered on the Yonge-Eglinton Station and introducing new housing opportunities on underutilized land. Ms. Ocean also testified that the streetscape enhancements with increased setback at grade level and the mid-block pedestrian connection with landscaping deliver on public realm policies in the YESP.

15Ms. Ocean testified that the Settlement implements the city-wide Tall Building Guidelines pursuant to s. 5.3.2. of the City OP by providing an improved pedestrian realm, a mid-block pedestrian connection, sufficient podium and tower setbacks to provide a compatible and fitting relationship with the other existing and planned buildings around the site. Further, Ms. Ocean opined that the Settlement also implements key policies in the Growing Up Guidelines: Planning For Children in New Vertical Communities through the unit mix and provision of additional units capable of conversion to larger units. Ms. Ocean finally opined that the City’s Pet Friendly Design Guidelines are facilitated by the Settlement through the pet relief area and appropriate pet-friendly amenities.

16With respect to the objections and issues by the Participants, Ms. Ocean explained in detail how the Settlement addresses these concerns. Ms. Ocean particularly highlighted how built form changes to the building setbacks, stepbacks and screening on the east property line, as well as no balconies on the east elevation, address concerns from Townhouse residents regarding overlook, shadows and screening.

ANALYSIS AND FINDINGS

17Having reviewed and accepted the uncontested affidavit and viva voce evidence of Ms. Ocean, the Tribunal finds the proffered Settlement facilitates a 42-storey residential building that contributes to the City satisfying its growth targets and housing needs in a transit supportive area through the provision of a compact built form in an area that optimizes urban intensification. The Tribunal finds that the Settlement will result in a building that fits well in its existing and emerging neighbourhood context and contributes to a more complete community in proximity to higher order transit.

18The Tribunal finds that the Settlement, implemented through the Conditions, Revised Plans, and Draft ZBA set out at Attachment 1 to this Interim Order has appropriate regard for those matters in s. 2 of the Act, is consistent with the PPS 2024, conforms to the policies and objectives in the City OP and YESP, and constitutes good planning.

ORDER

19THE TRIBUNAL ORDERS THAT:

1. The appeal by Fora (77 Erskine) Inc. is allowed, in part.
2. The draft zoning by-law amendment attached hereto as Attachment 1 for the lands municipally known in the City of Toronto as 77 Erskine Avenue, is approved in principle, subject to satisfaction of the pre-conditions set out below in bullet point [3] in this Order. The Tribunal authorizes the municipal clerk of the City of Toronto to assign a number to this by-law for record keeping purposes.
3. The Final Order of the Tribunal shall be withheld until the Tribunal is in receipt of written confirmation from the City of Toronto Solicitor that the following pre-conditions have been satisfied:
   1. The form and content of the Zoning By-law Amendment is satisfactory to the Executive Director of Development Review and the City of Toronto Solicitor;
   2. Fora (77 Erskine) Inc. has submitted a revised Pedestrian Level Wind Study, including an updated wind tunnel test with the identification of any required mitigation measures to be secured in the Zoning By-law Amendment and through the Site Plan Control Process (which shall consider effects on the adjacent lands at 83-99 Erskine Avenue), to the satisfaction of the Executive Director, Development Review;
   3. Fora (77 Erskine) Inc. has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;
   4. Fora (77 Erskine) Inc. has provided a revised Transportation Impact Study, including acceptable Travel Demand Management measures, to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;
   5. Fora (77 Erskine) Inc. has addressed all outstanding issues raised by Engineering and Construction Services, including a revised Functional Servicing Report and Stormwater Management Report, to the satisfaction of the Director, Engineering Review, Development Review, and the General Manager, Toronto Water;
   6. Fora (77 Erskine) Inc. has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and,
   7. City of Toronto Council has approved the Rental Housing Demolition Application 22 233227 NNY 15 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the thirty seven (37) existing rental dwelling units at 77 Erskine Avenue, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision including: i. replacement of the existing 37 rental housing units, including the same number of units, bedroom type and size and with similar rents; ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit; and, iii. provision of balconies in the rental replacement units for those existing rental units with balconies.
4. The Parties shall report back to the Tribunal on their progress to satisfy the above Conditions in bullet point [3] in this Order and to request Final Approval by Monday, June 3, 2026.
5. The Tribunal may be spoken to in the event any matter or matters should arise in connection with the implementation of this Interim Order.

“A. Mason”

A. MASON 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.

Attachment 1