Burbank Heights Development Inc. v. Toronto (City), 2026 CanLII 12491

Ontario Land Tribunal

ISSUE DATE: February 09, 2026

CASE NO(S).: OLT-25-000167

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Burbank Heights Development Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To facilitate the development of a mix-use property with two residential towers on top of a shared podium

Reference Number: 23 217053 NNY 17 OZ

Property Address: 690, 692, 694, 696, 698, 700, 702, 704, 706, 708, 710, 712, 714, 716, and 720 Sheppard Avenue E.

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-25-000167

OLT Lead Case No: OLT-25-000167

OLT Case Name: Burbank Heights Development Inc. v. Toronto(City)

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

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

Description: To facilitate the development of a mix-use property with two residential towers on top of a shared podium

Reference Number: 23 217053 NNY 17 OZ

Property Address: 690, 692, 694, 696, 698, 700, 702, 704, 706, 708, 710, 712, 714, 716, and 720 Sheppard Avenue E.

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-25-000168

OLT Lead Case No: OLT-25-000167

Heard: January 27, 2026 by Video Hearing

APPEARANCES:

Parties

Counsel

Burbank Heights Development Inc. City of Toronto

Adrianna Pilkington Signe Leisk (in absentia) Laura Bisset Jamie Dexter

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON JANUARY 27, 2026 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a second Case Management Conference (CMC) concerning appeals ("Appeals") filed by Burbank Heights Development Inc. ("Appellant") pursuant to subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended ("Planning Act") against the City of Toronto ("City") for its failure to make a decision within the timeframes prescribed by the Planning Act on Applications filed by the Appellant proposing amendments to the Official Plan and the Zoning By-law.

2The Appellant proposes to redevelop the lands located at 690 through 720 Sheppard Avenue East. The proposed redevelopment is a mixed-use building comprised of a 28-storey and a 32-storey tower on an eight-storey podium. The development proposes 705 residential units, including rental replacement units, and ground-related retail space along Sheppard Avenue East.

3Ms. Pilkington advised that settlement discussions have not been successful in resolving the appeals and requested that the Tribunal schedule a 10-day merit hearing for the consideration of the Appeals. A Draft Procedural Order including an Issues List was filed with the Tribunal.

4The City consented to scheduling the Merit Hearing. Ms. Bisset advised that the City provided the Issues List included in the draft Procedural Order and will continue working with the Appellant's Counsel to finalize exchange dates for the Procedural Order.

5With the Consent of the Parties, the Tribunal scheduled a 9-day Hearing for the consideration of the merits of the Appeals to commence on Tuesday, October 20, 2026 at 10 a.m., proceeding until and including Friday, October 30, 2026 by video hearing.

6Parties and/or Participants and/or Observers are asked to log in to the event to test their video and audio connections at least 15 minutes before it begins:

GoTo Meeting: https://global.gotomeeting.com/join/927921077

Access code: 927-921-077

7Parties 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

8Persons 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: +1 (647) 497-9391 (Toll-Free): 1-888-299-1889. The access code is: 927-921-077.

9Individuals 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.

10As of March 30, 2026, all hearing events are governed by the Tribunal's Artificial Intelligence Practice Direction. This Practice Direction requires a Party, Participant, or Witness to include a declaration within each submitted document if generative artificial intelligence was used to create or generate content.

11After the conclusion of the CMC, the Appellant filed a finalized Procedural Order, which is attached as Schedule 1 to this Order and shall govern the proceedings leading up to and including the Hearing.

12The case management directives set out above are so ordered.

13There will be no further notice of the proceedings provided.

14The Member is not seized, but, if necessary, may be available for further case management subject to the Tribunal's calendar.

"David Brown"

DAVID BROWN

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 1

CASE NO(S).: OLT-25-000167

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Burbank Heights Development Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To facilitate the development of a nix-use property with two residential towers on top of a shared podium

Reference Number: 23 217053 NNY 17 OZ

Property Address: 690, 692, 694, 696, 698, 700, 702, 704, 706, 708, 710, 712, 714, 716, and 720 Sheppard Avenue E.

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-25-000167

OLT Lead Case No: OLT-25-000167

OLT Case Name: Burbank Heights Development Inc. v. Toronto (City)

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

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

Description: To facilitate the development of a nix-use property with two residential towers on top of a shared

Reference Number: 23 217053 NNY 17 OZ

Property Address: 690, 692, 694, 696, 698, 700, 702, 704, 706, 708, 710, 712, 714, 716, and 720 Sheppard Avenue E.

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-25-000168

OLT Lead Case No: OLT-25-000167

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PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Tuesday, October 20, 2026 at 10:00 a.m. The link to the hearing by video and the audio-only telephone lines are as follows:

GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access Code: 927-921-077

Audio-only Telephone Line: +1 (647) 497-9391 or (Toll-Free): 1-888-299-1889

Access code: 927-921-077

3. The parties' initial estimation for the length of the hearing is 9 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The Procedural Order deadlines are found in Attachment 1.

4. The parties and participants previously identified at a case management conference in this proceeding are set out in Attachment 2. Unless the Tribunal directs otherwise, a person who wishes to become a party or participant at the hearing who is not listed in Attachment 2 must make the necessary motion to the Tribunal. The Tribunal may refuse to grant such status.

5. The issues for the hearing are set out in the Issues List attached as Attachment 3. There will be no changes to the Issues List unless the Tribunal permits and a party who asks for changes may have costs awarded against it.

6. The order of evidence for the hearing is listed in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval or by Order of the Tribunal.

7. The meaning of the terms used in this Procedural Order are identified in Attachment 5.

8. Any person granted status to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who

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will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Requirements Before the Hearing

10. If the Applicant/Appellant intends to seek approval of a revised proposal at the hearing, the Applicant/Appellant shall provide copies of the revised proposal, including any available revised plans, drawings and proposed instruments, to the other parties on or before June 1, 2026. The Applicant/Appellant acknowledges that any revisions to the proposal after that date, without consent of the parties or which do not seek to scope or resolve concerns expressed in the Witness Statement(s) filed by another party, may be grounds for a request to adjourn the hearing.

11. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of their intended witnesses in the order in which the witnesses will be called during the hearing. This list must be delivered on or before July 10, 2026 and in accordance with paragraph 24 below. A party who intends to call an expert witness must provide a completed Acknowledgement of Expert's Duty and include a copy of the witness' Curriculum Vitae and detailing the precise area of expertise in which the witness is proposed to be qualified. For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal's Rules and notice of same must be served on the other Parties on or before July 17, 2026.

12. Expert witnesses in the same field shall have at least one experts' meeting, which is to be held on a without prejudice and confidential basis (except insofar as it may be necessary for an expert to seek out recourses or information required for the expert to participate – e.g., consult with other experts or counsel) for the purposes of using best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting(s), the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before August 6, 2026.

13. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 24 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement, but the party calling them must file a brief outline of the expert's evidence as in paragraph 24 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence as in paragraph 24 below.

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15. On or before August 21, 2026 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.

16. On or before August 21, 2026 a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement unless ordered by the Tribunal.

17. On or before September 15, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before September 18, 2026 and in accordance with paragraph 24 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 30, 2026.

20. On or before October 2, 2026 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

21. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

22. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 10 days before the hearing that the written evidence is not part of their record.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 13, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

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24. All filings shall be electronic and, if requested by the Tribunal, also in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is not seized.

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ATTACHMENT 1 SUMMARY OF DATES

DATE

EVENT

June 1, 2026 [141 days prior to hearing]

Last day to provide revised proposal, including revised instruments, plans and drawings (if any)

July 10, 2026 [102 days prior to hearing]

Exchange of witness lists (names, disciplines, CVs included)

July 17, 2026 [95 days prior to hearing]

Last date to challenge expert witness

August 6, 2026 [75 days prior to hearing]

Agreed Statements of Facts and Issues to be filed

August 21, 2026 [60 days prior to hearing]

Exchange of Witness Statements, summonsed witness outlines, Expert Reports and Participant Statements

September 15, 2026 [35 days prior to hearing]

Deadline to advise OLT of any reductions in hearing time

September 18, 2026 [32 days prior to hearing]

Exchange of Reply Statements (if any)

September 30, 2026 [20 days prior to hearing]

Finalize & submit Joint Document Book

October 2, 2026 [18 days prior to hearing]

Exchange of visual evidence (if any)

October 13, 2026 [7 days prior to hearing]

Hearing Plan filed with the Tribunal

October 20, 2026

Hearing commences (9 days)

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ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

Parties

Burbank Heights Development Inc.

Signe Leisk & Adrianna Pilkington Cassels, Brock & Blackwell LLP 40 Temperance Street

Toronto, ON M5H 0B4

Tel: 416 869 5411 & 416 860 6453

Email: sleisk@cassels.com & apilkington@cassels.com

City of Toronto

Laura Bisset & Jamie Dexter City of Toronto

Metro Hall, 26th Fl., 55 John St. Toronto, ON M5V 3C6

Tel: 416 394 2799 & 416 392 8782

Email: laura.bisset@toronto.ca & jamie.dexter@toronto.ca

Participants

1837537 Ontario Inc.

Matthew Helfand Aird & Berlis LLP Brookfield Place

181 Bay St., Suite 1800 Toronto, ON M5J 2T9 Tel: 416 865 4624

Email: mhelfand@airdberlis.com

David Reid

662 Sheppard Avenue East Toronto, ON M2K 3E6

Tel: 416 755 4862

Email: davidareidhome@gmail.com

Annette Smith

34 Whittaker Crescent North York, ON M2K 1K8 Tel: 416 669 9648

Email: smithzy8@gmail.com

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ATTACHMENT 3 ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party's intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the Tribunal.

Issues List of the City of Toronto

NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

Planning Act

1. Do the proposed Official Plan and Zoning By-law Amendments have appropriate regard for the matters of provincial interest set out in Section 2 of the Planning Act?

2. Would the approval by the Tribunal of the proposed Official Plan and Zoning By-law Amendments have regard for any information and material received by City Council, in accordance with Subsection 2.1(2) of the Planning Act?

City of Toronto Official Plan

3. Is the proposed amendment to the Official Plan consistent with the general intent of the Official Plan, including the Sheppard East Corridor Secondary Plan and the Renew Sheppard East Secondary Plan?

4. Does the proposed Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including the policies related to:

a. Avenues: Reurbanizing Arterial Corridors (Policy 2.2.3);

b. Healthy Neighbourhoods (Section 2.3.1);

c. Bringing the City Together, Transportation (Policies 2.4.1, 2.4.2, 2.4.3);

d. Public Realm (Policies 3.1.1.1, 3.1.1.2, 3.1.1.3, 3.1.1.6, 3.1.1.15, 3.1.1.16, 3.1.1.18,

3.1.1.19, 3.1.1.20 and 3.1.1.21);

e. Public realm – Higher-Order Transit.3.1.2.2 and 3.1.1.3

f. Built Form (Section 3.1.3, and 3.1.4);

g. Housing (Section 3.2.1);

h. Building New Neighbourhoods (3.3 1a and g), 3.3 2b) and 3.3.1.3)

i. Parks and Open Spaces (Section 3.2.3);

j. Mixed Use Areas (Section 4.5); and

k. Implementation (Sections 5.1.2, 5.2, 5.3.1, 5.3.2, 5.6)?

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5. Does the proposed Zoning By-law Amendment conform with the policies of the Sheppard East Corridor Secondary Plan being Chapter 6, Section 9 of the Official Plan, including the policies related to: Section 2 (Goals and Objectives), Section 3 (Land Use), Policies 4.1,

4.2.B – Bessarion Node, 4.3, and 4.4?

6. Does the proposed Zoning By-law Amendment conform with the policies of the Renew Sheppard East Secondary Plan being Chapter 6, Section 51 of the Official Plan, including the policies related to: Land Use, Transit Station Character Area, Retail, Parks, Streetscape, Public Realm and Higher Order Pedestrian Zones, Mid-Block Connections, Privately Owned Publicly Accessible Open Spaces, Built Form, and Mobility?

Land Use

7. Do the proposed Official Plan and Zoning By-law Amendments provide for an appropriate range of housing options?

Built Form, Site Organization and Public Realm

8. Does the proposal support the Higher Order Pedestrian Zones and the Mid-Block Connections identified on Map 51-5: Public Realm Plan, of Renew Sheppard East Secondary Plan?

9. Does the proposed development support the establishment of the Sheppard Promenade as a green commercial street with an enhanced streetscape and does it implement the Renew Sheppard East Secondary Plan's livable, sustainable and prosperous vision?

10. Does the proposal promote a fine-grain network of continuous paths of travel in all seasons with an appropriate width to serve existing and anticipated pedestrian volumes to and from transit stations?

11. Does the proposal conform with the Official Plan policy to consolidate and minimize driveways and curb cuts across the public sidewalks to improve the safety and attractiveness of the public realm?

12. Does the proposed development fit appropriately within the existing and planned built form context, with regard to its setbacks, stepbacks, scale, tower height, separation distances, base building and streetwall heights, in conformity with applicable policies and consistent with relevant design guidelines?

13. Does the proposed building massing minimize negative impacts on the public realm, including shadow and wind impacts on adjacent streets, parks, open spaces and outdoor amenity spaces?

14. Does the proposed building provide tower floor plates to achieve a slim, compact tower that maximizes sky views from the public realm and minimize shadow profile on the adjacent public realm and park?

15. Should the building siting and massing be modified to mitigate uncomfortable wind conditions along the adjacent sidewalks and park as well as building entrances and rooftop outdoor amenity areas?

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16. Should the rooftop outdoor amenity space be relocated or redesigned to enhance overall quality and thermal comfort, ensuring it meets the needs of residents of all ages and abilities throughout the year—with wind conditions that support comfortable sitting in spring, summer, and fall, and standing in winter?

17. Should the base building and tower massing be modified to limit shadow and create a comfortable thermal condition at pedestrian level, by increasing the base building setbacks and stepbacks; reducing the height of the base building adjacent to the public park; reducing the floorplate size of Tower B; and locating Tower B further away from the public park?

18. Should the height of the base building be reduced to ensure a consistent streetwall and human-scale relationship with adjacent public streets?

19. Does the proposed development have appropriate regard for, and meet the intent and purpose of, the applicable City of Toronto Guidelines, particularly:

a) Tall Building Design Guidelines;

b) Growing Up: Planning for Children in New Vertical Communities; and

c) Pet Friendly Design Guidelines for High Density Communities?

Urban Forestry

20. Does the proposal satisfy the Toronto Green Standard requirements for tree planting areas, soil volume, and on-site landscaping that is drought-tolerant, native, and non-invasive?

Transportation

21. If parking is provided in the development, should the Zoning By-law Amendment include an accessible parking rate? If so, what is the appropriate rate?

22. Is the proposed pick-up and drop-off facility appropriate?

23. Should site access be consolidated into one location?

24. Is the proposed Transportation Demand Management strategy adequate to support the additional growth represented by the proposal?

Servicing

25. Has it been demonstrated that there are adequate municipal services in place to support the proposed development? Is there adequate sanitary, storm and water capacity available to allow for adequate water pressure, and appropriate stormwater and groundwater management?

Public Interest and Good Planning

26. Do the proposed Official Plan and Zoning By-law Amendments provide for good planning and good urban design and are they in the public interest?

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Conditions

27. If the appeal is allowed in whole or in part, should the Tribunal's Order be withheld until the following conditions are satisfied, and the Tribunal has received confirmation from the City Solicitor that:

a) the final form and content of the proposed Official Plan Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b) the final form and content of the proposed Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

c) the Owner has at its sole cost and expense:

i. submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. if the Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services shows that any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development are required, then the owner shall secure the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure in a financially secured agreement, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii. submitted a revised Travel Demand Management Plan, acceptable to the Executive Director, Development Review and the General Manger, Transportation Services and the travel demand management measures have been secured or implemented in a manner satisfactory to the City;

iv. submitted a revised Travel Demand Management Plan, acceptable to the Executive Director, Development Review and the General Manager, Transportation Services and the travel demand management measures have been secured or implemented in a manner satisfactory to the City;

v. submitted an updated Wind Tunnel Study and the wind mitigation measures have been secured in the zoning by-law and site plan to the satisfaction of the Executive Director, Development Review;

vi. submitted Toronto Green Standard Checklist and Statistics and has complied with the Toronto Green Standard Tier 1 Performance Standards to the satisfaction of the Executive Director, Development Review; and

vii. satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry memorandum dated December 18, 2024, to the satisfaction of the Executive Director, Environment, Climate and Forestry;

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d) the Owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e) the Owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the Lands at similar rents and other related matters, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor; and

City Council has approved the Rental Housing Demolition Application No. RH 23 179263 NNY 17 in accordance with Chapter 667 of the City of Toronto Act, 2006, pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of the fifteen (15) existing rental dwelling units at 690-720 Sheppard Avenue East 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?

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ATTACHMENT 4 ORDER OF EVIDENCE

1. Burbank Heights Development Inc.

2. City of Toronto

3. Burbank Heights Development Inc. (Reply)

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ATTACHMENT 5

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so).

Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of

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reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert's duty.

A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a statement of the participant's position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

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