CORRECTION NOTICE
OLT CASE NO(S).: OLT-23-001176
DECISION ISSUE DATE(S): February 17, 2026
CORRECTION NOTICE ISSUE DATE: February 25, 2026
RE: Westchester Limited v. Toronto (City)
Correction to: the year of the first date, mentioned twice, in paragraph number 8 (from “2025” to “2024”). Note: Commas have now been added after “advised that” and the second mention of “December 2025”.
Originally:
Corrected to:
[8] The Appellant advised the Tribunal that a settlement with the City had been finalized and approved by City Council in December 2025. The Appellant further advised that since December 2025 the Appellant has been in discussions with the GTAA concerning their issues with the ZBA.The Appellant advised the Tribunal that an agreement on the GTAA issues had been completed in principle and that a full written agreement would be completed by February 13, 2026. […]
[8] The Appellant advised the Tribunal that a settlement with the City had been finalized and approved by City Council in December 2024. The Appellant further advised that, since December 2024, the Appellant has been in discussions with the GTAA concerning their issues with the ZBA.The Appellant advised the Tribunal that an agreement on the GTAA issues had been completed in principle and that a full written agreement would be completed by February 13, 2026. […]
“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.
ISSUE DATE:
February 17, 2026
CASE NO(S).:
OLT-23-001176
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Westchester Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of the site with six residential towers in four separate buildings
Reference Number:
22 207468 WET 07 OZ
Property Address:
33 Walsh Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-001176
OLT Lead Case No.:
OLT-23-001176
OLT Case Name:
Westchester Limited v. Toronto (“City”)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant:
Westchester Limited
Subject:
Site Plan
Description:
To permit the redevelopment of the site with six residential towers in four separate buildings
Reference Number:
22 207467 WET 07 SA
Property Address:
33 Walsh Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-001177
OLT Lead Case No.:
OLT-23-001176
Heard:
February 9, 2026 by video conference
APPEARANCES:
Parties
Counsel
Westchester Limited
C. Tanzola, N. Ast
City of Toronto Greater Toronto Airports Authority
J. Amey, M. LaFortune C. Barnett
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON FEBRUARY 9, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was a Case Management Conference (“CMC”) with respect to the appeals brought pursuant to s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act by Westchester Limited (“Appellant”) due to the failure of the City of Toronto (“City”) to make a decision within the statutory timelines on the Zoning By-law Amendment Application (“ZBA”) and the Site Plan Approval Application (“SPA”) . The purpose of the applications would permit the redevelopment of the lands municipally known as 33 Walsh Avenue (“Subject Lands”) with six residential towers in four separate buildings.
PREVIOUS HEARING EVENTS
2The first CMC was adjudicated on February 6, 2024, by a different Tribunal Member. At the first CMC, among other things, the Tribunal adjourned the SPA appeal sine die, granted Participant status to two individuals, and scheduled two hearing events: a second CMC, to be conducted on May 16, 2024; and a 15-day Merit Hearing, which was to commence on February 3, 2025.
3After the first CMC, the Parties requested that the Tribunal amend the hearing dates for the 15-day hearing event. The Tribunal approved the new hearing dates, and the Tribunal then scheduled a 13-day hearing event to begin on February 18, 2025.
4At the second CMC, the Panel Members, which were different from the first CMC, approved the Party request of the Greater Toronto Airports Authority and denied the Party status request of Salvatore Castiglione. Mr. Castiglione remained as a Participant to the matter.
5In October 2024, the Parties requested that the first witness exchange dates be held in abeyance and the Parties were in settlement discussions concerning the applications.
6Prior to the hearing event which had been set to begin on February 18, 2025, the Parties notified the Tribunal that a without-prejudice settlement offer would be presented at the upcoming February 2025 meeting of City Council. As the Parties were waiting for the directions from City Council after the settlement presentation, it was the request of the Parties to reschedule the 13-day Hearing to a later date in 2025.
7This Tribunal Member can confirm that, as of this CMC event, a hearing date concerning the appeals themselves was not rescheduled, due to the ongoing settlement discussions. The purpose of this CMC event was to have the Parties provide a status update as to the ongoing settlement discussions and to schedule either a further CMC event or to reschedule the full 13-day hearing event.
OPPORTUNITES FOR SETTLEMENT
8The Appellant advised the Tribunal that a settlement with the City had been finalized and approved by City Council in December 2025. The Appellant further advised that since December 2025 the Appellant has been in discussions with the GTAA concerning their issues with the ZBA. The Appellant advised the Tribunal that an agreement on the GTAA issues had been completed in principle and that a full written agreement would be completed by February 13, 2026. As a result of the settlement having been reached between all the Parties, it was the Appellant’s request to have the Tribunal schedule a further hearing event to hear the terms of the settlement and review the draft planning instrument.
FURTHER HEARING EVENT
9As such, the Tribunal has scheduled a further hearing event in order to review and adjudicate on the settlement and the draft planning instrument. The Parties are directed to send the settlement materials to the Tribunal no later than Tuesday, March 17, 2026, for the Tribunal’s review prior to the next hearing event. The settlement Hearing is scheduled to proceed by video on Tuesday, March 24, 2026 at 10 a.m.
10Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
11Parties 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
12Persons 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: 765-631-861.
13Individuals 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.
14As 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 AI was used to create or generate content.
ORDER
15The Tribunal Orders its directions above. The Member is not seized but may be spoken to, schedule permitting.
“S. deBoer”
S. DEBOER 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.