SG Berwick Ltd. v. Toronto (City), 2026 CanLII 25177

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 18, 2026

CASE NO(S).: OLT-25-001028

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: SG Berwick Ltd. c/o Stafford Homes Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of a 49-storey residential building

Reference Number: 25 191657 STE 12 OZ

Property Address: 29, 31, 41, 443, 45 Berwick Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-25-001028

OLT Lead Case No: OLT-25-001028

OLT Case Name: SG Berwick Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: SG Berwick Ltd. c/o Stafford Homes Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of a 49-storey residential building

Reference Number: 25 191649 STE 12 SA

Property Address: 29, 31, 41, 443, 45 Berwick Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-25-001030

OLT Lead Case No: OLT-25-001028

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

Applicant/Appellant: SG Berwick Ltd. c/o Stafford Homes Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of a 49-storey residential building

Reference Number: 25 191657 STE 12 OZ

Property Address: 29, 31, 41, 443, 45 Berwick Avenue

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-25-001029

OLT Lead Case No: OLT-25-001028

Heard: March 11, 2026 by video hearing

APPEARANCES:

Parties Counsel

SG Berwick Ltd. Jason Park Sarah Kagan

City of Toronto Marc Hardiejowski Michelle LaFortune (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON MARCH 11, 2026 AND ORDER OF THE TRIBUNAL

1This was the first Case Management Conference (“CMC”) with respect to appeals filed by SG Berwick Ltd. (“Appellant”) concerning non-decisions by the City of Toronto (“City”) on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment “(ZBA”) for the redevelopment of 29, 31, 41, 43, and 45 Berwick Avenue (“Subject Lands”), in the form of a 49-storey residential building.

2At present the Subject Lands contain single detached and semi-detached dwellings that would be demolished for redevelopment to proceed. The area around the Subject Lands is dense urban development to the north, low density residential to the west and south, and a TTC facility to the east. The OPA would amend the City of Toronto Official Plan by redesignating the lands from Neighbourhoods to Apartment Neighbourhoods and would add the Subject Lands to the Yonge and Eglinton Secondary Plan. The ZBA would amend Zoning By-law No. 569-2013 from Residential-R (d0.6)(x772), to a site specific Residential zone to amend the allowed setbacks, maximum density, and building height.

3The Affidavit of Service affirmed by Christopher Drew, that the requisite notice that the CMC was properly served was marked as Exhibit 1.

PARTICIPANT STATUS REQUEST

4This CMC was very well attended by members of the public and the Tribunal received 28 requests for Participant Status in advance of the CMC. The Tribunal informed those present at the CMC that if they were a member of one of the Residents Associations that were also requesting status at the CMC, that it was not necessary for them to also request status as an individual as their concerns would be raised by the Association. However, they were free to request status if they so chose. Participant status was granted to those who attended the CMC, confirmed their intent for status, and were not opposed by either the City or counsel for the Applicant/Appellant. While counsel for the Applicant/Appellant questioned a small number of potential participants on their address, status was not refused to any requestor. The list of Participants is as follows:

• Eglinton Park Residents Association
• Oriole Park Association
• South Eglinton Davisville Residents Association
• Richard MacFarlane
• Lynne Morrison
• Tina Fedson
• Ian Strulovitch
• Marc Potin
• Myla Moretti
• Tamar Sudai
• Ahmed El Bedawy
• Tae Wook Eum
• Yusuf Baykal Bozkurt
• Selina Terra
• Pantea Rad
• John Maddigan
• Andrew Vernon-Betts

SECOND CMC

5The Tribunal was informed that, given the timing of the Appeal, counsel for the City had not yet received instructions from City Council with respect to an Issues List, preparing a Procedural Order, or discussing mediation. A second CMC was requested for June 2026, at which point the City would be better positioned to discuss and produce the necessary documentation required to govern the required procedures leading up to and including the hearing.

6At the CMC, some members of the public requested Participant Status but had not completed the necessary paperwork. The Tribunal noted that such requests may be made at the second CMC, providing that the paperwork was completed in a timely manner and that they attend the second CMC in person to request status.

7The Tribunal scheduled the second CMC to commence on Monday, June 1, 2026, at 10 a.m.

8Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/656004293

Access code: 656-004-293

9Parties 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

10Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 656-004-293.

11Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

12As 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

13THE TRIBUNAL ORDERS that,

a. the Resident Associations and Individuals listed in paragraph 4 are hereby granted Participant Status;

b. that a second Case Management Conference is scheduled for Monday, June 1, 2026, at 10 a.m. by Video Hearing as set out above; and

c. the draft Procedural Order and Issues List are to be submitted to the Tribunal on or before Monday, May 25, 2026.

14The Member is not seized but may be contacted through the Case Coordinator should procedural natters arise.

“G.A. CROSER”

G.A. CROSER

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.