Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 13, 2026

CASE NO.: OLT-22-002465 (formerly PL130592)

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

Appellants: Multiple Appellants

Subject: By-law No. 569-2013

Municipality: City of Toronto

OLT Case No.: OLT-22-002465

Legacy Case No.: PL130592

OLT Lead Case No.: OLT-22-002465

Legacy Lead Case No.: PL130592

OLT Case Name: Bahardoust v. Toronto (City)

BEFORE:

C. HARDY

Friday, the 13th

VICE-CHAIR

day of February, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on December 22, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing for Appeal 247, which is scheduled to commence on June 16, 2026. The Tribunal has set aside seven (7) days for the hearing

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN

REGISTRAR

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.

SCHEDULE “A”

Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca

ISSUE DATE: CASE NO.: OLT-22-002465 (PL130592)

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

Appellant(s): Multiple Appellants

Subject: Site-Specific Appeal 247 to By-law No. 569-2013

Property Address: 3875 Keele Street Municipality: City of Toronto

OLT Case No.: OLT-22-002465

Legacy Case No.: PL130592

OLT Lead Case No.: OLT-22-002465

Legacy Lead Case No.: PL130592

OLT Case Name: Bahardoust v. Toronto (City)

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 hearing will commence on Tuesday, June 16, 2026 at 10:00 a.m. and will be conducted by videoconference at the following link: https://meet.goto.com/370987861. Access code: 370-987-861.

Persons 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 or (toll-free) +1-888-455-1389. The access code is: 370-987-861.

3. The length of the hearing will be seven (7) 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 generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. 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 is set out 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. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal and Parties. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. If the hearing is to proceed electronically, 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 (https://olt.gov.on.ca/guides/).

Requirements Before the Hearing

9. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered no later than Monday, March 2, 2026. 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 Monday, March 16, 2026.

10. Expert witnesses in the same discipline(s) shall have at least one meeting before Friday, April 3, 2026 to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal no later than Friday, April 10, 2026 if agreement is reached.

11. 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, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 14. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same time as the delivery of expert witness statements, as in Section 14.

12. On or before Friday, May 1, 2026, a witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

13. 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 Section 14.

14. On or before Friday, May 1, 2026 the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

15. On or before Friday, May 15, 2026 the Parties may provide to all other Parties a written response to any written evidence.

16. On or before Friday, May 22, 2026 the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

17. On or before Friday, May 29, 2026 the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, and all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.

19. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

20. On or before Friday, June 5, 2026, the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

21. The Parties shall prepare a Joint Document Book on or before Friday, June 5, 2026 and which, if requested by the Tribunal, one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 22.

22. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable, if requested by the Tribunal. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide. Section 22 applies regardless if the hearing event is in-person or electronic.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 8. The Tribunal’s Rule 17 applies to such requests.

24. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

25. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member ) Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
Monday, March 2, 2026	Exchange of witness lists (names, disciplines and order to be called)
Monday, March 16, 2026	Last date to challenge identification of expert witness
Friday, April 3, 2026	Experts meeting prior to this date
Friday, April 10, 2026	Agreed Statement of Facts
Friday, May 1, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Friday, May 15, 2026	Exchange of Reply Witness Statements (if any)
Friday, May 22, 2026	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
Friday, May 29, 2026	Exchange of visual evidence (if any)
Friday, June 5, 2026	Final Work Plan filed with the Tribunal
Friday, June 5, 2026	Finalize Joint Document Book
June 16, 2026	Hearing commences (7 hearing days)

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES

1) City of Toronto

Counsel

Gabe Szobel Email: gabe.szobel@toronto.ca Tel: 416-338-1889

Marc Hardiejowski Email: Marc.Hardiejowski@toronto.ca Tel: 416-392-4960

Amrit Sandhu Email: Amrit.Sandhu@toronto.ca Tel: 416-338-1617

Ariel Lo-Wong Email: Ariel.Lo-Wong@toronto.ca Tel: 416-338-6966

City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 Fax: 416-397-5624

2) Brovi Investments Limited

Counsel

Patrick J. Harrington Aird & Berlis LLP Brookfield Place 181 Bay St., Suite 1800 Toronto, ON, M5J 2T9 E-mail: pharrington@airdberlis.com Tel.: 416.865.3424

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 and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

Brovi Investments Limited

For Lands Known Municipally as 3875 Keele Street:

1. Is it appropriate to split-zone the subject property?

2. Does the proposed Employment [E] zoning for a portion of subject site carry forward the permissions provided under the site’s Industrial [MC] zoning pursuant to North York General Zoning By-law 7625?

3. Should the subject lands have site-specific permission for a self-storage use? If so, what are the appropriate zoning regulations to govern such permission?

ATTACHMENT 4

ORDER OF EVIDENCE

1. Brovi Investments Limited

2. City of Toronto

3. Brovi Investments Limited., in reply (if any)

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

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. If an unincorporated group wishes to become a Party, 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 authorization 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, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement that sets out their position on the appeal and issues of the proceeding, together with an explanation of their reasons in support of their position to the Tribunal in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party 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 intends to present as evidence at the hearing.

Witness Statements:

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 the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (1) name and address, (2) an executed acknowledgement of experts duty form and expert’s qualifications, (3) a list of the issues the expert will address, (4) their expert’s opinions on these issues, the reasons that support their opinions and their conclusions; and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

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.