ISSUE DATE:

January 6, 2026

CASE NO.:

OLT-25-000668

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

Applicant/Appellant

5799 Yonge Street Limited Partnership

Subject:

Zoning By-law

Description:

to permit the expansion of the permitted non-residential uses and allow additional non-residential uses above the second storey

Reference Number:

25 134322 NNY 18 OZ

Property Address:

5799-5915 Yonge Street and 46 and 47 Averill Crescent

Municipality/UT:

Toronto

OLT Case No:

OLT-25-000668

OLT Case Name:

5799 Yonge Street Limited Partnership v. Toronto (City)

BEFORE:

A. Sauve

Monday, the 5th

MEMBER

day of January, 2026

THE TRIBUNAL ORDERS that 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, which is scheduled to commence on January 22, 2026. The Tribunal has set aside 2 days for the hearing.

1

“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.

2

Schedule “A”

3

PROCEDURAL ORDER

Purpose of the Procedural Order:

Case management conferences are scheduled by the Tribunal to organize the hearing. This sample procedural order is provided to identify who may participate in the hearing, the issues in dispute, and the matters that are required to be carried out before the hearing. The attachment to this sample procedural order explains the meaning of a number of terms in the sample procedural order, such as a party or a participant.

The Tribunal recommends that the appellant, municipality, the applicant (if applicable), or those who wish to seek party status in this proceeding, meet, remotely if necessary, to discuss this sample procedural order before the date of the case management conference and try to identify the issues and process they want the Tribunal to order following the conference. The Tribunal will hear submissions on the content of this sample procedural order at the case management conference and issue a procedural order at a later date.

If you are not represented by a lawyer, you should prepare by reviewing the Tribunal’s Video Hearings Guide, and the Tribunal’s Rules of Practice and Procedure (“Rules”), particularly Rule 20, which are available on the Tribunal’s website.

ISSUE DATE: [X] CASE NO.: OLT-25-000668

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

Applicant/Appellant:

5799 Yonge Street Limited Partnership

Subject:

Zoning By-law

Description:

To permit the expansion of the permitted non-residential uses and

allow additional non-residential uses above the second storey

Reference Number:

25 134322 NNY 18 OZ

Property Address:

5799-5915 Yonge Street and 46 and 47 Averill Crescent

Municipality/UT:

Toronto/Toronto

OLT Case No.:

OLT-25-000668

OLT Case Name:

5799 Yonge Street Limited Partnership v. Toronto (City)

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 begin on Thursday, January 22, 2026 at 10:00 a.m. by video hearing.

3. The length of the hearing is two (2) 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 identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this 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. 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 should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who 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.

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

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including any revised plans, reports, and studies, to the other parties on or before December 22, 2025. The Applicant acknowledges that any revisions to the plans or the introduction of any new or revised reports after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

10. 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 and the order in which they will be called. This list must be delivered on or before December 22, 2025 and in accordance with paragraph 14 below. A party who intends to call an expert witness must include a copy of the witness’ curriculum vitae and 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 December 29, 2025.

11. On or before January 15, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 14 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless permitted by the Tribunal.

12. On or before January 15, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 14 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

13. The parties shall cooperate to prepare a Joint Document Book which shall be shared with the Tribunal’s case coordinator in accordance with paragraph 14 below on or before January 20, 2026.

14. All filings shall be submitted electronically. 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.

15. 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/is not] seized. So orders the Tribunal.

BEFORE:

Name of Member: Date:

TRIBUNAL REGISTRAR

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 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.

ATTACHMENT 1

SUMMARY OF DATES

DATE

EVENT

December 22, 2025

Last date to provide copies of revised proposal, including all revised plans, reports, and studies (if any)

December 22, 2025

Exchange of witness lists (names, disciplines and order to be called)

January 15, 2026

Exchange of participant statements

January 15, 2026

Exchange of visual evidence (if any)

January 20, 2026

Joint document book filed with the Tribunal

January 22, 2026

Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

1. 5799 Yonge Street Limited Partnership

Michael Foderick and Jonathan Nehmetallah McCarthy Tétrault LLP

Suite 5300, TD Bank Tower

Box 48, 66 Wellington Street West Toronto, ON M5K 1E6

Email: mfoderick@mccarthy.ca and jnehmetallah@mccarthy.ca

Tel: (416) 601-8300

2. City of Toronto

Ray Kallio Metro Hall

55 John Street, 26th Floor Toronto, ON M5V 3C6

Email: ray.kallio@toronto.ca

Tel: (416) 392-8047

PARTICIPANTS:

ATTACHMENT 3 ISSUES LIST

5799 YONGE STREET LIMITED PARTNERSHIP

1. Are the revisions made by City Council that scope the Zoning By-law Amendment approval to only the phase one portion of the subject property and removing certain as- of-right uses from future phases of the property, appropriately justified from a land use planning perspective?

CITY OF TORONTO:

1. [X]

ATTACHMENT 4 ORDER OF EVIDENCE

IN CHIEF:

1. 5799 Yonge Street Limited Partnership

2. City of Toronto

REPLY:

1. 5799 Yonge Street Limited Partnership