Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 13, 2026
CASE NO(S).: OLT-25-001017
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Helberg Properties Limited, Peberg Corporation and 1001271409 Ontario Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 31-storey purpose built rental building
Reference Number: 25 209063 STE 11 OZ
Property Address: 38, 40 and 50 Park Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-001017
OLT Lead Case No: OLT-25-001017
OLT Case Name: Helberg Properties Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Helberg Properties Limited, Peberg Corporation and 1001271409 Ontario Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 31-storey purpose built rental building
Reference Number: 25 209063 STE 11 OZ
Property Address: 38, 40 and 50 Park Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-001018
OLT Lead Case No: OLT-25-001017
Heard: March 10, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Helberg Properties Limited, Peberg Corporation, and 1001271409 Ontario Limited
David Bronskill
City of Toronto
Rachel Godley Yelda Nuri
66 Collier Ratepayer Association
Ian Flett
The South Rosedale Residents Association
Michael Cara
Kalbinderpal Kang & Jeffrey Cowan
Michael Cook
Collier-Asquith Neighbourhood Association Inc.
Ashleigh Uiska*
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MARCH 10, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Helberg Properties Limited, Peberg Corporation, and 1001271409 Ontario Limited (“Appellants”) have filed appeals against the City of Toronto’s (“City”) failure to make a decision within the statutory time frames for the Appellants’ applications to permit the development of a 31-storey purpose-built rental building in respect of the property at 38-50 Park Road (“subject property”). The appeals were filed pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”).
2The Affidavit of Service for Notice on file was marked as Exhibit A.
PARTY AND PARTICIPANT REQUESTS
3There were four party status requests that were granted by the Tribunal by consent of the parties. These were: 66 Collier Ratepayer Association; Collier-Asquith Neighbourhood Association Inc.; South Rosedale Residents Association; and Kalbinderpal Kang & Jeffrey Cowan.
4Ten Participant status requests were granted by the Tribunal without objections: Alexandra Atiya; Anne Pepper; Anne Shaddick; Elah Feder; Eli Earles; Janet Weiler; Marlene Perry; Meghan Davidson Ladly; Patricia Softly; and Tammy Agueci.
DRAFT PROCEDURAL ORDER
5The draft Procedural Order (“PO”) with Issues List will be submitted before the next CMC, as requested by counsel. In the interim, counsel are to scope the issues and the Appellants’ counsel is to seek instructions on filing an Ontario Heritage Act application in respect of the subject property.
MEDIATION
6Counsel’s views were that it was premature to speak of mediation as the issues have yet to be ascertained or reviewed.
DISPOSITION
7The Tribunal will schedule a second CMC. There is no further Notice, and the Member is not seized.
8The Tribunal directs that the PO with the Issues List, be forwarded to the Case Coordinator by May 15, 2026.
CMC
9The second CMC is scheduled to proceed by video at 10 a.m. on Friday, May 22, 2026.
10Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
11Parties 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 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) 497-9391 or (Toll Free) 1-888-455-1389. The
access code is the same as indicated 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 CMC by video 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, having carriage of this Case.
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 that:
Party status is granted to 66 Collier Ratepayer Association; Collier-Asquith Neighbourhood Association Inc.; South Rosedale Residents Association; and Kalbinderpal Kang & Jeffrey Cowan.
Participant status is granted to: Alexandra Atiya; Anne Pepper; Anne Shaddick; Elah Feder; Eli Earles; Janet Weiler; Marlene Perry; Meghan Davidson Ladly; Patricia Softly; and Tammy Agueci.
The second Case Management Conference is scheduled as above; and
The Procedural Order and Issues List be filed by May 15, 2026.
“T.F. Ng”
T.F. NG
VICE CHAIR
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.