Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 20, 2026
CASE NO.: OLT-25-000184
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Applicant/Appellant: 1212763 Ontario Limited & 1212765 Ontario Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To facilitate the redevelopment of rental apartments on 1601 and 1603 Bathurst Street.
Reference Number: 19 211934 STE 12 OZ
Property Address: 1601 and 1603 Bathurst Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000184
OLT Lead Case No.: OLT-25-000184
OLT Case Name: 1212765 Ontario Limited & 1212763 Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Applicant/Appellant: 1212763 Ontario Limited & 1212765 Ontario Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the redevelopment of rental apartments on 1601 and 1603 Bathurst Street.
Reference Number: 19 211943 STE 12 SA
Property Address: 1601 and 1603 Bathurst Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000185
OLT Lead Case No: OLT-25-000184
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A., as amended
Applicant/Appellant: 1212763 Ontario Limited & 1212765 Ontario Limited
Subject: Failure to make a decision on the site plan application
Description: To facilitate the redevelopment of rental apartments on 1601 and 1603 Bathurst Street.
Reference Number: 19 211934 STE 12 OZ
Property Address: 1601 and 1603 Bathurst Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000186
OLT Lead Case No: OLT-25-000184
BEFORE:
S. DIXON MEMBER
Friday, the 20th day of February, 2026
THESE MATTERS having come before the Tribunal by way of written hearing;
AND THE TRIBUNAL having been advised by all Parties to this matter that the Parties have agreed, in principle, on a revised official plan amendment and a revised zoning by-law amendment (together, “Revised Instruments”) for the lands known municipally as 1601 and 1603 Bathurst Street in the City of Toronto;
AND THE TRIBUNAL having been further advised by the Parties to this matter that the Parties have agreed, in principle, on a revised development proposal as generally depicted on plans prepared by KIRKOR Architects and Planners, dated October 3, 2025 (“Revised Proposal”);
AND THE TRIBUNAL being in receipt of and having reviewed and considered the uncontested opinion evidence contained in the Affidavit of Jane McFarlane, sworn on February 9, 2026;
AND THE TRIBUNAL hereby recognising Ms. McFarlane – a Registered Professional Planner with over 16 years of professional land use planning experience – as being qualified to provide the Tribunal with expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL recognising that the Revised Instruments are contained in Exhibit “L” and Exhibit “M” to the Affidavit of Ms. McFarlane and are attached to this Interim Order as Attachments 1 and 2, respectively;
AND THE TRIBUNAL recognising that the Revised Proposal is contained in Exhibit “E” to the Affidavit of Ms. McFarlane;
AND WHEREAS Ms. McFarlane’s affidavit confirms for the Tribunal that the Revised Instruments:
Have regard for the matters of provincial interest as set out in s. 2 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
Are consistent with the Provincial Planning Statement, 2024;
Conform with the goals, objectives and policy direction of the Official Plan for the City of Toronto;
Will facilitate the provision of desirable rental housing in a transit-supportive and compact built form on an underutilised site while protecting and enhancing on-site and adjacent natural heritage features;
Constitute good planning; and
Are in the public interest;
THE TRIBUNAL ORDERS that:
The appeals by 1212763 Ontario Limited and 1212765 Ontario Limited, pursuant to sections 22(7) and 34(11) of the Planning Act are allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of the pre-requisite matters identified in paragraph 3, below;
The Official Plan Amendment set out in Attachment 1 to this Interim Order and the Zoning By-law Amendment set out in Attachment 2 to this Interim Order are approved in principle, on an interim basis, contingent upon confirmation, satisfaction or receipt of the pre-requisite matters identified in paragraph 3, below;
The Tribunal will withhold the issuance of its Final Order contingent upon confirmation from the City Solicitor that:
a. The final form and content of the Official Plan Amendment and Zoning By-law Amendment are satisfactory to the Executive Director, Development Review, and the City Solicitor, in consultation with other appropriate Divisions of the City;
b. The Owner has, at its sole cost and expense:
i. submitted a revised Functional Services and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Director, Engineering Review, Development Review, in consultation with the General Manager, Toronto Water;
ii. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Director, Engineering Review, Development Review and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Director, Engineering Review, Development Review and the General Manager, Toronto Water unless otherwise secured through a holding provision in the Zoning By-law;
iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending Zoning By-law or that any required changes have been made to the proposed amending Zoning By-law to the satisfaction of the Executive Director, Development Review, Director, Engineering Review, Development Review and the City Solicitor, including the use of a Holding ("H") symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;
iv. addressed all outstanding issues raised by Development Engineering in the memo dated May 21, 2024, as they relate to the Zoning By-law Amendment application to the satisfaction of the Director, Engineering Review, Development Review; and
v. conducted a survey with the existing tenants at 1603 Bathurst Street to engage tenants in the appropriate identification of improvements and/or renovations to the existing building and amenities to the satisfaction of the Executive Director, Development Review;
c. City Council has approved the Rental Housing Demolition Application (22 148358 STE 12 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 nine existing rental dwelling units at 1601 Bathurst Street, 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 nine rental housing units, including the same number of units, bedroom type and size and with similar rents; and
ii. an acceptable Tenant Assistance Plan addressing the right for existing tenants to return to a replacement rental unit.
That the appeal of the Site Plan Control Application pursuant to s. 114(15) of the City of Toronto Act (Tribunal Case No. OLT-25-000186) is adjourned sine die.
If the Parties do not submit the final drafts of the Revised Instruments and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph 3, above, have been satisfied, and do not request issuance of the Final Order by Friday, August 21, 2026, the Appellant and the City shall provide a written status report to the Tribunal by that date as to the timing of the expected confirmation and submission of the final form of the Revised Instruments and issuance of the Final Order by the Tribunal;
The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the Revised Instruments, the satisfaction of the contingent prerequisites, and the issuance of the Final Order.
“Matthew D.J. Bryan”
MATHEW 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