County
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2026
CASE NO(S).: OLT-25-000424
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fredco Trading Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of an 11-storey mixed-use building and a 4-storey residential building
Reference Number: 24 234048 NNY 18 OZ
Property Address: 234 Sheppard Avenue West and 223 Harlandale Avenue
Municipality: City of Toronto
OLT Case No.: OLT-25-000424
OLT Lead Case No.: OLT-25-000424
OLT Case Name: Fredco Trading Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fredco Trading Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of an 11-storey mixed-use building and a 4-storey residential building
Reference Number: 24 234048 NNY 18 OZ
Property Address: 234 Sheppard Avenue West and 223 Harlandale Avenue
Municipality: City of Toronto
OLT Case No.: OLT-25-000425
OLT Lead Case No.: OLT-25-000424
Heard: March 5, 2026 by Video Hearing
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| Fredco Trading Inc. | I. Andres |
| City of Toronto | D. Elmadany |
MEMORANDUM OF ORAL DECISION DELIVERED BY j. inniS ON March 5, 2026 AND interim ORDER OF THE TRIBUNAL
INTRODUCTION
1These appeals by Fredco Trading Inc. (“Applicant”) pursuant to subsection 22(7) and 34(11) of the Planning Act (“Act”) are due to the City of Toronto’s (“City”) failure to make a decision on the Official Plan Amendment Application (“OPA”) and the Zoning By-law Amendment Application (“ZBA”) within the statutory timeframes of the Act. The Applications seeks to permit the redevelopment of the lands municipally known as 234 Sheppard Avenue West and 223 Harlandale Avenue.
2The Applications were deemed complete by the City on January 14, 2025, and proposed the development of two buildings, 11-storeys and four-storeys that consisted of 58 residential units, with approximately 138 squared metres(“m2”) of commercial space. The proposal included the connection of the two towers through a one-storey below grade parking structure, that would contain 15 residential parking spaces, with six visitor parking spaces.
THE PROPOSAL
3Since the filing of the original Applications, City staff issued a report dated May 20, 2025, identifying concerns with the proposal. Following the issuance of that report, the Applicant’s project team continued to work with City staff to address the matters raised. After discussion, the Applicant submitted a revised architectural Plan prepared by Options Architects, dated October 9, 2025.
4The Applicant’s planning evidence described a revised proposal involving redevelopment of the northern and southern parcels with two residential buildings of three and 11-storeys, connected by a shared one-level underground parking structure.
5The proposed 11-storey building would contain 46 residential units and approximately 97.6 m² of ground-floor commercial space, fronting Sheppard Avenue West. The commercial space would be accessible from the corner of Sheppard Avenue West and Senlac Road, while the residential lobby would be accessed from Senlac Road. The first floor would also include an indoor amenity space and a garbage room with access from Senlac Road. Additional outdoor amenity terraces are proposed on the 11th floor and mechanical penthouse levels. The building would incorporate stepbacks beginning at the seventh-storey and additional stepbacks at the rear upper levels. Glazing along the east elevation has been minimized and limited to small secondary windows above the seventh storey to reduce overlook impacts on the adjacent neighbourhood.
6The proposed three-storey building would contain approximately 12 residential units. The ground floor would include three residential units, a lobby area, and a garbage room. The primary entrance to the building is proposed from Harlandale Avenue at the corner of Harlandale Avenue and Senlac Road. The building would be separated from the 11-storey building by approximately 15 metres (“m”) and would be located approximately 7.5 m from the existing rear lot line of the Northern Parcel.
7Vehicular access to the shared underground garage is proposed from Senlac Road via a private access lane, which also accommodates pick-up and drop-off activity and loading. Bicycle parking is provided both at grade and within the underground garage.
8The proposal also contemplates public realm improvements, including accommodation for a future road widening along Sheppard Avenue West and adjustments to the sidewalk alignment along Senlac Road, which would be secured in part through a public access easement.
9The modifications to the proposal are summarized in the chart below:
10This matter has come before the Tribunal as a settlement for the Tribunal’s consideration. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. the uncontested opinion evidence of Michael Testaguzza, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn February 23, 2026 (marked as Exhibit 1);
ii. Participant Statement filed with the Tribunal by Mr. James McLean; and
iii. the Parties’ oral/written submissions in support of the settlement.
Decision and order
11The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Testaguzza reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties. Having regard to that evidence, the Tribunal concurs with the planning opinion of Mr. Testaguzza and finds that the proposed OPA and ZBA represent appropriate planning instruments to facilitate the revised proposal.
12The Tribunal finds that the proposed OPA introduces site-specific policies applicable to the southern parcel that permit a maximum gross floor area of approximately 2,700 m2 and a maximum building height of 11-storeys, and allow the building to extend into the 45-degree angular plane identified in the Sheppard–Lansing Secondary Plan, while removing the requirement for an opaque fence and landscaped strip along the rear property line. The amendment also proposes a site-specific policy applicable to the northern parcel to permit a below-grade garage for parking and servicing.
13The Tribunal is satisfied that the proposed amendments provide an appropriate planning framework to implement the revised proposal. Based on the planning opinion evidence of Mr. Testaguzza, the Tribunal finds that the proposal supports residential intensification and mixed-use development along Sheppard Avenue West, a designated corridor, while making efficient use of existing and planned municipal infrastructure and services. The proposal introduces additional residential density, including 58 apartment units, and contributes to a broader range and mix of housing options in the area, which is currently characterized predominantly by low-rise detached dwellings.
14The Tribunal also accepts the evidence that the proposal incorporates ground-floor commercial uses that animate the street frontage and support the development of a complete community along the corridor, while modest parking provisions and significant bicycle parking encourage the use of transit and active transportation. The Tribunal further finds that the revised proposal provides an appropriate transition to adjacent neighbourhood-designated lands through the reduction of the northern building to three storeys and the introduction of step-backs in the upper storeys of the southern building. In the Tribunal’s view, these elements support the conclusion that the proposal is consistent with the policy direction of the Provincial Planning Statement, 2024.
15The Tribunal further finds that the proposed Zoning By-law Amendment appropriately implements the policy framework established through the proposed Official Plan Amendment. The ZBA would bring the lands within the purview of City Zoning By-law 569-2013 and apply site-specific zoning standards that secure the building height, setbacks and step-backs associated with the revised proposal, restrict the Sheppard Avenue West frontage to mixed-use buildings, establish a maximum gross floor area consistent with the revised proposal, and permit a three-storey residential apartment building on the neighbourhood-designated lands.
16The Tribunal has also considered the Participant Statement submitted in this matter, which raised concerns regarding the proposed building height and potential overdevelopment of the site. The Tribunal is satisfied that the revised proposal and the planning evidence before it appropriately addresses these concerns.
17The Tribunal accepts the opinion evidence of Mr. Testaguzza as presented in his affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Planning Statement, 2024, conforms to the City’s Official Plan, and otherwise reflects principles of good land use planning.
18THE TRIBUNAL ORDERS THAT:
The appeals for an Official Plan Amendment and a Zoning By-law Amendment are allowed, in part, on an interim basis, and the Tribunal approves, in principle, the revised proposal for the lands municipally known as 234 Sheppard Avenue West and 223 Harlandale Avenue, in the City of Toronto (the “City”), substantially in accordance with the draft Official Plan Amendment in Attachment [1] and generally in accordance with the draft Zoning By-law Amendment in Attachment [2].
The Tribunal will withhold the issuance of its final Order until the following conditions have been satisfied to the satisfaction of the City of Toronto:
a. the final form and content of the draft Official Plan Amendment substantially in accordance with Attachment [1] is satisfactory to the Executive Director, Development Review and the City Solicitor;
b. the final form and content of the draft Zoning By-law Amendment in Attachment [2] shall be generally in accordance with the architectural plans prepared by Options Architects, dated October 9, 2025, and shall be in a form satisfactory to the Executive Director, Development Review and the City Solicitor;
c. the Owner has, at its sole cost and expense:
i. submitted a revised Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Director, Engineering Review;
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, 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;
iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;
iv. submitted an updated Transportation Impact Study or Addendum, and updated Parking and Loading Study or Addendum, to reflect revisions to site circulation, loading, parking and access for the development, to the satisfaction of the General Manager, Transportation Services;
v. submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that matters arising from such study be satisfactorily addressed, and secured if required; and
vi. submitted a revised Soil Volume Plan acceptable to, and to the satisfaction of, the Executive Director, Environment, Climate and Forestry and the Executive Director, Development Review;
If the Owner and the City do not submit the final draft of the Official Plan Amendment and Zoning By-law Amendment and provide confirmation that all other contingent pre-requisites to the issuance of the final Order set out in Paragraph 18.2 above have been satisfied, and do not request the issuance of the final Order within six (6) months of the date of issuance of this interim Order, the Owner 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 and content of the draft Official Plan Amendment and Zoning By-law Amendment and issuance of the final Order by the Tribunal.
The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and Zoning By-Law Amendment and the issuance of the Final Order.
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 Official Plan Amendment and Zoning By-law Amendment and the issuance of the Final Order.
“J. Innis”
j. inniS
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.
Attachment 1
Attachment 2