Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2026
CASE NO.: OLT-25-000315
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: First Ontario Street Ltd. Subject: Application to amend the Zoning By-law – Refusal of application Description: To permit the development of a 33-storey mixed use building and to retain and incorporate existing heritage building Reference Number: 24-111770 ZA Property Address: 37 Ontario Street and 3 Ontario Lane Municipality/UT: St. Catharines/Niagara OLT Case No: OLT-25-000315 OLT Lead Case No: OLT-25-000315 OLT Case Name: First Ontario Street Ltd. v. St. Catharines (City)
Heard: February 17, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| First Ontario Street Ltd. | Tom Hanrahan, Evan Alderman |
| City of St. Catherines | Callum Shedden |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON FEBRUARY 17, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
Link to Order
1UPON APPEAL brought by First Ontario Street Ltd. pursuant to s. 34(11) of the Planning Act for the refusal by the City of St. Catharines of an application for a Zoning By-law Amendment for the properties municipally known as 37 Ontario Street and 3 Ontario Lane.
2The proposed development is for a mixed-use building with a maximum permitted building height of 29 storeys. The Masonic Temple Building is an existing on-site heritage resource that will be conserved and integrated into the proposed development.
3The Tribunal had been advised by the Parties First Ontario Street Ltd. and the City that a full uncontested settlement had been reached on consent through Tribunal-led Mediation for the Subject site.
4Subsequently, during the CMC on July 21, 2025 and prior to the Settlement Hearing, the Tribunal had previously granted Participant Status to:
- James and Liz Fleming
- Robert Crawford
5During the Settlement Hearing, the Tribunal did not accept additional written submissions from James and Liz Fleming dated February 10, 2026, based on the objection of the Parties and their respective submissions including case law in Butler’s Gardens Development Inc. v Niagara-on-the-Lake 2024 CanLII 38845 (ON LT), whereby the Member denied the additional materials in that case, noting that Section 17 of the Ontario Land Tribunal Act “puts a statutory limit on non-Party (i.e., Participant) participation, insofar as it permits only written ‘submissions’ (i.e. not evidence)”. Therefore, the Tribunal finds that it is not lay opinion evidence and finds an issue of procedural fairness for the Parties due to its late submission.
6The Tribunal has been advised by First Ontario Street Ltd. and the City (the Parties) that a full uncontested settlement has been reached, on consent through Tribunal-led Mediation for the Subject site. The Tribunal has received and considered a comprehensive Affidavit, sworn on February 10, 2026, by Jenna Thibault, a Registered Professional Planner and full member of the Canadian Institute of Planners (Marked as Exhibit 2).
7The Tribunal has accepted the uncontroverted) expert land use planning opinion evidence of Jenna Thibault, and submissions of counsel for the Parties, specifically:
[a] The Settlement Proposal has regard for the matters of Provincial interest under Section 2 of the Planning Act. The Settlement Proposal has regard to several significant subsections, such as the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest, the orderly development of safe and healthy communities including the adequate provision of a full range of housing, including affordable housing, adequate provision of employment opportunities, the protection of the financial and economic well-being of the Province and its municipalities, the appropriate location of growth and development, the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians, the promotion of built form that is well-designed, encourages a sense of place, provides for public spaces that are of high quality, safe, accessible, attractive and vibrant;
[b] the Settlement Proposal is consistent with the Provincial Planning Statement 2024 (PPS 2024) in that it provides a mix of housing options, provides for a compact, high-density mixed-use built form on an underutilized downtown site, directs growth and residential intensification to a serviced settlement area, supports the objectives for Large and growing Municipalities which includes the City by contributing towards density targets for designated growth areas which the PPS 2024 identifies as 50 residents and jobs per gross hectare, provides new residential units together with commercial space in a built form and scale of development that is suitable for a strategic growth area, utilizes existing water and wastewater and transportation infrastructure, conserves and rehabilitates a cultural heritage attribute (the Masonic Temple Building) as part of the mixed-use development;
[c] the Settlement Proposal conforms to the Niagara Region Official Plan (NOP), which assists in achieving the Region’s 2051 population forecast and supports the City’s role as the largest municipality in the Region in terms of population by providing 308 new residential units consisting of a mix of unit types, is located within the Delineated Built-Up Area and the Downtown St. Catherines Urban Growth Centre, a strategic growth area, contributes to the establishment of complete communities by introducing a diverse range of uses and residential unit sizes, allows the design to incorporate the Masonic Temple Building conserving this cultural heritage resource, meets the policy objectives for the Downtown St. Catharines Urban Growth Centre, which is a priority area for high-density residential, mixed-use development, supports the pertinent housing policies by providing a range and mix of housing options in a slender high-rise form on an underutilized site, facilitating residential intensification in the Downtown district, it supports economic prosperity, satisfies the urban design policies, and promotes a massing strategy and design which integrates a cultural heritage resource into the building’s podium to promote conservation and rehabilitation as there is an intention to improve the inside condition of the Masonic Temple Building so it can support non-residential space rather than remain vacant;
[d] The Settlement Proposal conforms to the City of St. Catherines Official Plan, 2018 (Garden City Plan), which the Subject Lands are located within – an area that is intended to be a catalyst area for growth and attract and accommodate the highest concentration, mix, and range of uses and activity, it provides a more compact built form that supports a high density of development that enhances the downtown’s existing built environment and introduces a more integrated mix of uses, activity, and functions, it has been designed with a servicing strategy that will not negatively impact the existing sewer system capacity, is aligned with the current development trends and future planned context for the City’s Downtown area, supports housing diversity in the downtown, It conforms with the City OP’s cultural heritage direction to preserve, conserve, enhance, and integrate cultural heritage features, It represents an appropriate scale of infill development in a location that is close to municipal transit infrastructure, existing community facilities including parks and trails, and can be adequately serviced by municipal servicing infrastructure, it enhances the public realm along Ontario Street through a human-scaled, four-storey podium with active uses at grade, and the Development/Redevelopment policies regarding built form, height, massing, transition, and mitigation of impacts are addressed through the building’s setbacks, podium form, tower stepbacks at the rear and east side, underground parking and supporting technical studies demonstrating mitigation of potential impacts; the City OP urban design policies and the City’s Downtown Urban Design Guidelines are adequately addressed in the supporting Urban Design Brief, it conforms to the policies for the Commercial Core land use designation, which imposes no maximum height or density limit and supports the mix of uses proposed, and it conforms to the applicable Downtown District policy framework;
[e] In regard to the ZBA, it provides appropriate zoning permissions to implement the Settlement Proposal, reflects the intended built form for the City’s Downtown District and Urban Growth Centre, and represents an efficient and desirable use of the Subject Lands. The proposed ZBA, including the increased building height, conforms to the City OP and the planned context for growth and intensification of the City’s Urban Growth Centre.
[f] In addition, the Affidavit of Jenna Thibault, including her expert testimony, addressed the Participant issues or concerns within their respective statements.
8The Tribunal finds that the requested ZBA, as revised by the settlement agreement, meets the required legislative tests, represents good planning and is in the public interest, has regard for matters of Provincial interest pursuant to Section 2 of the Planning Act, is consistent with the PPS 2024 and conforms to the NOP and City OP.
ORDER
THE TRIBUNAL ORDERS:
that the appeal is allowed and By-law No. 2013-283 is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the City clerk of St. Catherines to assign a number to this By-law for record-keeping purposes;
that the Tribunal may be spoken to in the event that a matter should arise in connection with the implementation of this Order.
“Eric S. Crowe”
ERIC S. CROWE 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.
Attachment 1