du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: February 24, 2026
CASE NO(S).: OLT-25-000904
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 4949 Bathurst GP Limited
Subject: By-law No.
Description: Zoning By-law Amendment for a 39-storey mixed-use building
Reference Number: 24 207996 NNY 18 OZ
Property Address: 4949 Bathurst Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000904
OLT Lead Case No.: OLT-25-000904
OLT Case Name: 4949 Bathurst GP Limited v. Toronto (City)
Heard: February 20, 2026
APPEARANCES:
Parties
Counsel
4949 Bathurst GP Limited (“Appellant”) Mark Flowers
City of Toronto (“City”) Michael Mahoney Ariel Lo-Wong
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON FEBRUARY 20, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a first Case Management Conference (“CMC”) in respect of the Appeal filed by 4949 Bathurst GP Limited pursuant to s. 34(19) of the Planning Act (“Act”) on the City’s passing of a Zoning By-law 1114-2025 (“ZBA”) with respect to the lands known as 4949 Bathurst Street (“Subject Lands”).
2The Appellant appealed the ZBA after City Council made changes to the applicant’s proposed amendment by enacting a ZBA inclusive of a reduction in height, density and residential GFA. The original application proposed a total gross floor area (“GFA”) of 37,072 square metres, consisting of 34,247 square metres of residential GFA 2,282 square metres of commercial/retain GFA, and 507 square metres of private daycare space. In the ZBA passed, the proposal has a total GFA of 27,192 square metres, consisting of 24,403 square metres of residential GFA 2,282 square metres of the commercial/retail GFA, and 507 square metres of private daycare space GFA, totalling 2789 square metres of non-res GFA.
3The Tribunal received and marked an Affidavit of Service as to the service of the Notice of this CMC, sworn by Olivia Morris dated January 12, 2026, as Exhibit 1.
REQUESTS FOR STATUS
4There were no requests for Party nor Participant status.
MEDIATION
5The Tribunal notes that information regarding Tribunal-led mediation may be obtained through the Case Coordinator.
PROCEDURAL ORDER AND HEARING DATES
6The Tribunal reviewed the draft of the Procedural Order provided by the Appellant for initial consideration, which, in the absence of an Issues List from the City and hearing dates, was not in a complete form.
7The Tribunal directed that a final draft of the Procedural Order and Issues List, populated with all dates in accordance with the hearing dates now provided, is to be delivered to the Tribunal for final review and approval on or before March 6, 2026.
8The Parties were agreeable to scheduling hearing dates without delay upon the expectation that the Procedural Order would be issued by the first week of March as indicated. The Tribunal canvassed availability and the anticipated length of hearing with counsel. The Tribunal provided the Parties with the scheduled dates provided herein, which are now set out below through this Notice.
9The Tribunal directs that a five-day hearing of the merits (“5-day Merit Hearing”) will commence on Monday, May 25, 2026, by video conference, at 10:00 am.
10Parties and/or Observers are asked to log in to the Hearing by video at least 15 minutes before it begins, to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
11Parties and/or Observers 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 the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free): 1 (888) 299-1889. The Access Code is as indicated in paragraph 10 above.
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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing 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.
15If the Parties resolve the issues, they are directed to contact the Case Coordinator to set a date for a settlement Hearing.
ORDERS
16THE TRIBUNAL ORDERS its directions as set out in this Decision.
17This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
18This Member is not seized.
19No further notice will be given.
“D. Chipman”
D. CHIPMAN
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.