1322104 Ontario Inc. v. Toronto (City), 2026 CanLII 25173

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 17, 2026

CASE NO(S).: OLT-24-000609

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: 1322104 Ontario Inc.

Subject: Site Plan

Description: To permit development of 14 back-to-back, three (3)-bedroom townhouse units within a three (3)-storey built form

Reference Number: 24 124733 WET 03 SA

Property Address: 80 Thirtieth Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000609

OLT Lead Case No.: OLT-24-000609

OLT Case Name: 1322104 Ontario Inc. v. Toronto (City)

Heard: March 9, 2026 by video hearing

APPEARANCES:

Parties

Counsel

1322104 Ontario Inc.

G. Mutlu

City of Toronto

A. Ward

Metrolinx

A. Pilkington

DECISION DELIVERED BY J. INNNIS AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This matter is an appeal by 1322104 Ontario Inc. (known as “Dunpar”) regarding a non-decision by the City of Toronto (“City”) concerning a Site Plan Approval (“SPA”) to allow the redevelopment of lands known municipally as 80 Thirtieth Street, Toronto (“Site”). The Application seeks approval for the construction of a townhouse block consisting of 14 back-to-back townhouses.

BACKGROUND

2The proposed development was previously the subject of a zoning by-law amendment application that was appealed to the Tribunal when the City failed to make a decision within the prescribed timeframe within the Planning Act (“Act”). Following a two-day hearing on March 28 and 29, 2022, the Tribunal allowed the appeal in part, and approved an interim zoning framework for the development, subject to several post-approval conditions. A final Order was issued on April 17, 2025.

3The SPA application implementing the approved zoning framework was deemed complete by the City on April 3, 2024. Dunpar appealed the application to the Tribunal on June 5, 2024, due to the City’s failure to approve the application within the timeframe prescribed by the Act.

4The Site is located north of Elder Avenue and immediately south of the Metrolinx rail corridor in the Long Branch neighbourhood. Metrolinx is a Party to this proceeding given the proximity of the development to the railway corridor.

5Prior to the filing of the Issues List, Dunpar made two site plan resubmissions in 2025 in an effort to address outstanding technical comments. A Procedural Order and Issues List prepared by Dunpar, the City, and Metrolinx were filed with the Tribunal on consent and approved by an Order, dated November 21, 2025. The issues primarily relate to technical matters associated with the site plan agreement, drainage, and mitigation measures required to address the proximity of the Metrolinx rail corridor.

REVISIONS TO THE PROPSED DEVELOPMENT

6Following the identification of the issues in this proceeding, the Parties undertook further technical discussions and exchanges of materials in an effort to resolve the outstanding matters. Between late 2025 and early 2026, Dunpar submitted revised technical materials addressing the concerns raised by the City and Metrolinx, including revised Crash Wall Drawings dated January 21, 2026, and a revised Crash Wall Design Report dated January 29, 2026. These revisions included a reduction in the return crash wall along the west side of the property to approximately 6.2 metres (“m”), replacing the previously proposed 15.4 m return. These materials were reviewed by the technical experts for the City and Metrolinx, and were accepted by those Parties.

7Dunpar also worked with the City to finalize the conditions of approval associated with the SPA Application and the related Site Plan Agreement. The City confirmed acceptance of the final Notice of Approval Conditions (“NOAC”) on January 28, 2026.

8The NOAC includes both pre-approval and post-approval conditions. One of the post-approval conditions reflects a requirement arising from the earlier zoning proceeding that agreements of purchase and sale or lease include a noise warning clause advising prospective occupants that the site is located in proximity to nearby industrial operations where stationary noise may be audible at times.

9Through these revisions and the agreed conditions of approval, the Parties confirmed that all issues identified in the Issues List had been resolved.

10The proposed development continues to consist of a townhouse block containing 14 back-to-back townhouse units together with associated parking, including a one-storey parking structure located along the northerly portion of the site adjacent to the rail corridor. The revisions described above relate to technical and safety measures required due to the proximity of the Metrolinx rail corridor

11Disposition of the 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 Jim Levac, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn February 26, 2026 (marked as Exhibit 1); and

ii. the Parties’ oral/written submissions in support of the settlement.

Decision and order

12The Tribunal understands that the aforementioned sworn Affidavit evidence of Mr. Levac reflects revisions to the application before the Tribunal that were reached through the cooperative efforts of the Parties.

13The evidence demonstrates that the revised proposal appropriately responds to the technical concerns raised in this proceeding, including railway safety, noise and vibration mitigation, and the conditions required to secure the development through the Site Plan Agreement.

14The Tribunal finds that the revised proposed development represents a compact form of infill development on an underutilized site, within an established neighbourhood. The proposal contributes to the planned intensification of the area while making efficient use of existing municipal services and transportation infrastructure and introduces a built form and mix of uses that are compatible with the surrounding context. In doing so, the revised proposed development advances the orderly and efficient use of land within the urban area.

15The Tribunal is also satisfied that appropriate measures have been incorporated into the proposal to address the proximity of the Metrolinx rail corridor, including the revised crash wall design and related mitigation measures intended to address safety, noise, and vibration.

16Further, the evidence has confirmed that the necessary technical studies have been completed, peer reviewed, and accepted by the City and Metrolinx, and that the required warning clauses respecting nearby industrial operations will be secured through the site plan agreement.

17Therefore, the Tribunal accepts the opinion evidence of Mr. Levac as presented in his Affidavit and similarly finds that the subject application, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, complies with the requirements set out in section 114 of the City of Toronto Act, 2026, conforms to City’s Official Plan, and otherwise reflects principles of good land use planning.

INTERIM ORDER

18THE TRIBUNAL ORDERS THAT:

1. The site plan prepared by Infinity Architecture & Design dated June 13, 2025, is approved in principle, subject to the pre-approval conditions, as set out in Attachment 1 to this Order;

2. The Tribunal will withhold the issuance of its final Order until the conditions in Attachment 1 have been satisfied to the satisfaction of the City Solicitor;

3. If the Owner and the City do not provide confirmation that all conditions have been satisfied, and do not request the issuance of the final Order within four (4) 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 completion of outstanding conditions required for the issuance of the final Order by the Tribunal;

4. The Panel Member will remain seized for the purpose of issuing the Final Order;

5. 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 completion of conditions and issuance of the Final Order.

“J. Innis”

j. inniS

MEMBER

Ontario Land Tribunal

Website: 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.

Attachment 1 – Pre-Approval Conditions

LEGAL SERVICES

1. The owner shall enter into the City’s standard Site Plan Agreement, including registration of the Site Plan Agreement on title to the subject lands by the City at the owner’s expense.

COMMUNITY PLANNING

Landscaping

2. The owner shall submit a financial guarantee in the form of an irrevocable Letter of Credit or Certified Cheque, made payable to the Treasurer, City of Toronto, in the amount of $96,000.00. This is to guarantee the provision of landscape development works as detailed on the approved Site Plan and Landscape Plans, to the satisfaction of the Director, Development Review. Please contact Shuo Xue, Site Plan Technician, 416-394-5666, Shuo.Xue@toronto.ca.

TRANSPORTATION REVIEW

Signage and Pavement Markings

3. The owner shall submit a payment of $TBD in the form of a certified cheque for the implementation of the signs and pavement markings required as per the approved Conceptual Design and Pavement Marking for Improvements on Thirtieth Street plan, prepared by WSP, dated September 9, 2025.

ENGINEERING REVIEW

Facilities to Provide Access to and from the Land

4. Make satisfactory arrangements, including entering into a Municipal Infrastructure Agreement (MIA), with Development Review for all Work required within the City's ROW and provide financial security in the amount of $79,548.00, submit engineering and inspection fees in the amount of $4,494.46 and provide insurance, as required.

Please contact Ms. Yu Lay Aung at 416-395-6224 for copies of pertinent templates for the above items for the applicant's use. It is recommended that the applicant submit drafts of the Municipal Infrastructure Agreement, Irrevocable Letter of Credit and Insurance for review and acceptance prior to submitting final executed originals.

Groundwater Discharge

5. Submit an application to Toronto Water, Environmental Monitoring & Protection, for any short-term and/or any permanent dewatering system, and enter into an agreement and/or permit to discharge groundwater as required by the General Manager, Toronto Water.

URBAN FORESTRY

6. Permit Application and Fee: One (1) City-owned Street tree (Trees C1) is proposed for injury from the proposed development, and three (3) by-law regulated privately-owned subject site trees (Trees 2, 3, 4) are proposed for injury/removal to accommodate the development. Urban Forestry requires the submission of a complete “Application to Injure or Remove Trees” and associated application fees in the amount of $1703.00 (Current fees: $425.75 per City Street tree, $425.75 per private subject site tree, and $891.30 per private boundary/neighbour tree). Please refer to the Payment Instructions below. The applicant is advised that submission of an application does not guarantee that a permit will be issued and that fees are subject to change. As part of the review process, Urban Forestry will independently assess the condition of the trees and the reason for their proposed removal against the provisions of the applicable by-law. The applicant may be required to submit revised plans and Urban Forestry may be required to notify the community, (co-)owner(s) of boundary/neighbour trees, consult with the Ward Councillor, and/or report to Council. The applicant is advised that By-law regulated trees may not be injured or removed until a Permit to Injure or Destroy a Tree has been issued by Urban Forestry, a Building or Demolition Permit has been obtained, and the construction which warrants tree injury/removal has commenced. The applicant is advised that, prior to finalization of the Site Plan Control review process, Urban Forestry may require payment of a refundable Tree Protection Guarantee for injury of City-owned trees, a non-refundable Tree Loss Payment for removal of City-owned trees, a refundable Tree Planting Security Deposit to ensure the planting and survival of new City trees, and/or a cash-in-lieu payment for any required replacement trees that are not being provided. Final amounts and payment instructions will be provided upon issuance of Notice of Approval Conditions.

7. Tree Protection Guarantee Deposit: Prior to site plan approval, the owner shall submit to the Supervisor, Urban Forestry – Tree Protection & Plan Review, Etobicoke York District a Tree Protection Guarantee deposit in the amount of $6449.48, which represents the appraised value of City-owned Tree nos. C1 to be preserved with injury, and removal and replacement costs. The Tree Protection Guarantee deposit will be released by the City once all construction activities are complete and compliance with the approved Arborist Report & Tree Protection Plan, prepared by Green Print, dated April 28, 2024, and Tree Preservation Plan (TPP-1), prepared by Green Print, revised May 9, 2024, and all permit terms and conditions have been verified to the satisfaction of the General Manager of Parks, Forestry & Recreation.

8. Contractor's Agreement: The owner is advised that, prior to any tree work (e.g. root exploration, root/canopy pruning, injury, removal, or planting) by a private contractor on City-owned land, Urban Forestry – Tree Protection & Plan Review will require submission of a complete "Agreement for Arborists Retained by Private Property Owners to Undertake Work on City Trees" and supporting documents (Certificate of Insurance, Workplace Safety this work.