# Ontario Land Tribunal
# Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** February 26, 2026
**CASE NO(S).:** OLT-25-000830
**PROCEEDING COMMENCED UNDER** section 22(7) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Applicant/Appellant:** HOF 2914 Sheppard Ave LP
**Subject:** Request to amend the Official Plan – Failure to adopt the requested amendment
**Description:** To permit redevelopment for a 50-storey mixed use building within a Protected Major Transit Station Area
**Reference Number:** 25 147607 ESC 22 OZ
**Property Address:** 2912-2926 Sheppard Avenue East
**Municipality/UT:** Toronto/Toronto
**OLT Case No.:** OLT-25-000830
**OLT Lead Case No.:** OLT-25-000830
**OLT Case Name:** HOF 2914 Sheppard Ave LP v. Toronto (City)
**PROCEEDING COMMENCED UNDER** section 34(11) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Applicant/Appellant:** HOF 2914 Sheppard Ave LP
**Subject:** Application to amend the Zoning By-law – Refusal or neglect to make a decision
**Reference Number:** To permit redevelopment for a 50-storey mixed use building within a Protected Major Transit Station Area
**Property Address:** 2912-2926 Sheppard Avenue East
**Municipality/UT:** Toronto/Toronto
**OLT Case No.:** OLT-25-000831
**OLT Lead Case No.:** OLT-25-000830
**BEFORE:**
P. Tomilin
Thursday, the 26th,
MEMBER
day of February, 2026
THE TRIBUNAL ORDERS that further to the Decision issued on February 12, 2026, 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 October 20, 2026. The Tribunal has set aside 9 day(s) for the hearing.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
Ontario Land Tribunal
Website: [www.olt.gov.on.ca](http://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 A
# Ontario Land Tribunal
# Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** February 26, 2026
**CASE NO(S).:** OLT-25-000830
**PROCEEDING COMMENCED UNDER** section 22(7) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Applicant/Appellant:** HOF 2914 Sheppard Ave LP
**Subject:** Request to amend the Official Plan – Failure to adopt the requested amendment
**Description:** To permit redevelopment for a 50-storey mixed use building within a Protected Major Transit Station Area
**Reference Number:** 25 147607 ESC 22 OZ
**Property Address:** 2912-2926 Sheppard Avenue East
**Municipality/UT:** Toronto/Toronto
**OLT Case No.:** OLT-25-000830
**OLT Lead Case No.:** OLT-25-000830
**OLT Case Name:** HOF 2914 Sheppard Ave LP v. Toronto (City)
**PROCEEDING COMMENCED UNDER** section 34(11) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Applicant/Appellant:** HOF 2914 Sheppard Ave LP
**Subject:** Application to amend the Zoning By-law – Refusal or neglect to make a decision
**Reference Number:** To permit redevelopment for a 50-storey mixed use building within a Protected Major Transit Station Area
**Property Address:** 2912-2926 Sheppard Avenue East
**Municipality/UT:** Toronto/Toronto
**OLT Case No.:** OLT-25-000831
**OLT Lead Case No.:** OLT-25-000830
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 a.m. through the following video link:
[https://meet.goto.com/558205565](https://meet.goto.com/558205565)
Access code: 558-205-565
Parties and 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 [https://global.gotomeeting.com/install](https://global.gotomeeting.com/install) or a web application is available: [https://app.gotomeeting.com/home.html](https://app.gotomeeting.com/home.html)
Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1989. The access code is 558-205-565
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 generally found in Attachment 1.
4. The parties and participants identified at the Case Management Conference are set out in Attachment 2.
5. The issues are set out in the Issues List attached as Attachment 3. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. 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 shall be as 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 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 Hearing Guide](https://olt.gov.on.ca/guides-videos/), 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 all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties on or before July 7, 2026, and in accordance with paragraph 23 below. The applicant acknowledges that any revisions to the proposal 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, 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 on or before August 7, 2026 and in accordance with paragraph 22 below. 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 must be made within 10 days following the exchange of witness lists and shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other parties.
11. Expert witnesses in the same field shall have at least one meeting before the hearing to resolve or reduce the issues for the hearing. The experts shall prepare a list of agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the parties and the Tribunal on or before August 21, 2026.
12. 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 Acknowledgement of Expert Duty Form previously provided as in Section 9. Copies of this must be provided as in paragraph 13 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.
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 paragraph 14 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 14 below.
14. On or before September 4, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT Case Coordinator and in accordance with paragraph 22 below.
15. On or before September 4, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
16. On or before September 18, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
17. On or before October 9, 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. 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 22 below.
19. The parties shall cooperate to prepare a Joint Document Book on or before October 9, 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.
20. 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.
21. 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.
22. The parties shall prepare and file a preliminary [hearing plan](https://olt.gov.on.ca/hearing-events/hearing-plan/) with the Tribunal on or before October 13, 2026, with a proposed schedule for the hearing that identifies, as 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 “Hearing Plan”). 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 throughout the hearing.
23. All filings 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, should it request same. 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](https://olt.gov.on.ca/guides-videos/). Section 23 applies regardless if the hearing event is in-person or electronic.
24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness as permitted by Section 9. The Tribunal’s Rule 17 applies to such requests.
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.
ATTACHMENT 1
SUMMARY OF KEY DATES
EVENT
DATE
Revised proposal, revised plans, drawings, proposed instruments, updated supporting documents and reports
July 7, 2026
Participant Statements
September 4, 2026
Witness List
August 7, 2026
Expert’s Meeting
August 21, 2026
Agreed Statement of Facts
August 21, 2026
(Expert) Witness Statement / Outline of Evidence
September 4, 2026
Visual Evidence
October 9, 2026
Confirmation re Hearing Dates
September 18, 2026
Reply Witness Statements
September 18, 2026
Joint Document Book
October 9, 2026
Hearing Plan
October 13, 2026
Hearing Commences
October 20, 2026
ATTACHMENT 2
LIST OF PARTIES AND PARTICIPANTS
A. PARTIES
1.
HOF 2914 Sheppard Ave LP
Rodney Gill
Goodmans LLP
Suite 3400
333 Bay Street West
Toronto, ON M5H 2S7
Email: [rgill@goodmans.ca](mailto:rgill@goodmans.ca)
Tel: (416) 597-4136
2.
City of Toronto
Kasia Czajkowski
City of Toronto Legal Services
Planning & Administrative Tribunal Law
Metro Hall
55 John Street, 26th Floor
Toronto, ON M5V 3C6
Email: [kasia.czajkowski@toronto.ca](mailto:kasia.czajkowski@toronto.ca)
Tel: (416) 338-5725
B. PATICIPANTS
1.
Margareta Cruceanu
303-2721 Victoria Park Avenue
Scarborough, ON M1T 3N6
Email: [mcruceanu1@gmail.com](mailto:mcruceanu1@gmail.com)
Tel: (647) 893-4056
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, within the jurisdiction of, or otherwise appropriate, to adjudicate. The identification of an issues on this list by a party indicates that party’s intent to lead evidence or argue that the issues 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.
City of Toronto’s Issues List
2912-2926 Sheppard Avenue East
OLT File No: OLT-25-000830
[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)
1. Do the proposed Official Plan and Zoning By-law Amendments have appropriate regard for the matters of provincial interests as set out in [Section 2](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html#sec2_smooth) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), including subsections 2(h), (i), (j), (p), and (r)?
Provincial Planning Statement (2024)
2. Are the Official Plan Amendment, Zoning By-law Amendment, and proposed development consistent with the Provincial Planning Statement (2024) as required by [Section 3(5)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html#sec3subsec5_smooth) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), including policies 2.2, 2.3.1, 2.4.1, and 6.1.5?
City of Toronto Official Plan
3. Is the proposed Official Plan Amendment consistent with the general intent of the Official Plan?
4. Does the proposed Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including the following:
a) Avenues (Section 2.2.3);
b) Healthy Neighbourhoods (Section 2.3.1);
c) Public Realm (Section 3.1.1);
d) Built Form (Sections 3.1.3 and 3.1.4); and
e) Mixed Use Areas (Section 4.5).
ConsumersNext Secondary Plan
5. Do the proposed Official Plan and Zoning By-law Amendments conform with the policies of the ConsumersNext Secondary Plan?
City of Toronto Guidelines
6. Does the proposed development meet the intent and purpose of The Tall Building Design Guidelines?
7. Does the proposal meet the requirements of the Toronto Green Standard?
8. Does the proposal meet the intent and purpose of the Growing Up: Planning for Children in New Vertical Communities?
Site-Specific Issues
Built Form, Height, Massing and Density
9. Is the site organization and built form of the proposed development appropriate, and more specifically:
i. Are the proposed building configuration/orientation, height, tower floorplate size and massing appropriate?
ii. Are the proposed setbacks, step backs and separation distances appropriate?
iii. Does the proposal provide an appropriate transition to surrounding land uses and built forms?
iv. Are the shadow impacts from the proposed development acceptable?
v. Are the wind impacts from the proposed development acceptable?
Non-Residential Uses
10. Does the proposed development increase the existing non-residential gross floor area, including area used for community services and facilities, as per the ConsumersNext Secondary Plan?
Public Interest and Good Planning
11. 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?
Conditions
12. If the proposed development is approved 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 form and content of the Official Plan Amendment and Zoning By-law Amendment is satisfactory to the Executive Director, Development Review Division, the Chief Planner and Executive Director, City Planning Division, and the City Solicitor;
b. The Owner has submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
c. The Owner has secured the design and provision of 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 Chief Engineer and Executive Director, Engineering and Construction Services 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 Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
d. The Owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services, and that such matters arising from such study, be secured if required;
e. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City, for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services;
f. The Owner has submitted both a Noise Impact Study and a Compatibility/Mitigation Study, to be peer reviewed by third party consultants, to the satisfaction of the Executive Director, Development Review;
g. The Owner has submitted a Pedestrian Level Wind Study, as well as a Sun/Shadow Study, to the satisfaction of the Executive Director, Development Review; and
h. The Owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review, and the Chief Planner and Executive Director, City Planning.
ATTACHMENT 4
ORDER OF EVIDENCE
1. HOF 2914 Sheppard Ave LP
2. City of Toronto
3. In reply, if any, HOF 2914 Sheppard Ave LP
ATTACHMENT 5
Attachment to Procedural Order
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](https://olt.gov.on.ca/legislation-and-rules/) 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.
minicounsel