Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 23, 2026
CASE NO(S).: OLT-25-000868
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 125 The Queensway Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: to facilitate mixed-use development complex
Reference Number: 25 127266 WET 03 OZ
Property Address: 125 The Queensway
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-25-000868
OLT Case Name: 125 The Queensway Inc. v. Toronto (City)
Heard: February 26, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
125 The Queensway Inc.
David Bronskill
City of Toronto
Cameron McKeich Amrit Sandhu
Toronto Wholesale Produce Association
Katarzyna Silwa Max Reedijk
Ontario Food Terminal
Luisa Ritacca Zachary Rosen
MEMORANDUM OF ORAL DECISION DELIVERED BY YASNA FAGHANI ON FEBRUARY 26, 2026 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. 125 The Queensway Inc. (“Applicant”) has filed an appeal against the City of Toronto’s (“City”) failure to make a decision regarding an application pursuant to s. 22(7) of the Planning Act. The property is municipally known as 125 the Queensway in the City (“Subject Property”).
2The application under appeal relates to the development of a mixed-use centre consisting of a mid-rise building and six high-rise mixed-use towers and a park.
AFFIDAVIT OF SERVICE
3The Tribunal received the Affidavit of Service sworn by Renata Riberiro dated February 4, 2026, and marked as Exhibit 1. There were no issues with the service of the Notice for the CMC, and as such, no further notice is required.
PARTY REQUESTS
4The Tribunal received Party Status Requests from the Toronto Wholesale Produce Association and the Ontario Food Terminal Board.
5Counsel for the Toronto Wholesale Produce Association explained that her client is a non-share capital corporation that represents and advocates for the collective interests of the produce wholesalers operating at the Ontario Food Terminal. She explained that the Ontario Food Terminal is the immediate adjacent neighbour of the Subject Property. The operations of the Ontario Food Terminal which include high volume of traffic, noise, continuous running of HVAC systems, air conditioning and amongst a list of other operational requirements will cause significant land use compatibility considerations. She noted that the impacts from the operations may negatively impact future residents of the proposed development and intern the complaints from the residents could constrain the operations of the Ontario Food Terminal and undermine its viability.
6Counsel submitted that her client has a direct interest in the appeal and can assist the Tribunal by ensuring land use compatibility issues are addressed. Counsel further added that her client intends to call expert witnesses in the area of land use planning, noise, vibration and transportation amongst others. She advised the Tribunal that she would work with Counsel for the Ontario Food Terminal to scope issues.
7Counsel for the Ontario Food Terminal Board submitted that her client owns and operates the Ontario Food Terminal which is the largest fresh food facility in Canada. She explained that the Ontario Food Terminal is a critical market-place for farmers, produces and retail food owners in the industry. Because of the proximity of the Ontario Food Terminal as the abutting owner, it has a direct interest in the appeal. She acknowledged that her client’s interest to be involved in the proceedings is not meant to delay the proceedings nor duplicate issues that are presented. She intends to work with counsel for the Toronto Wholesale Produce Association to offer the most helpful evidence and also have a chance to present experts and voices from within the Ontario Food Terminal Board. Her client also wants a chance to participate in any settlement or mediation efforts.
8Neither the Applicant nor the City objected to the Party Status Requests. Having heard all of the submissions, the Tribunal granted Party Status to the Toronto Wholesale Produce Association and the Ontario Food Terminal Board. The Tribunal finds that both the requestors have key interests in this appeal and acknowledges that counsels advised they will work together to scope issues. With that said, the Tribunal finds that the evidence which will be presented will be necessary to enable the Tribunal to adjudicate the appeals effectively and completely.
MEDIATION
9The Tribunal canvassed the Parties’ interest in a Tribunal-led mediation. Counsel for the Applicant advised that mediation is a potential consideration for this appeal. However, it was premature at this stage. He advised that time is required to discuss and streamline issues now that Party Status has been granted to those seeking status.
10He requested a further CMC in June 2026 to allow time for discussions to take place between the parties. At the second CMC, the Parties would be in a better position to advise the Tribunal regarding mediation/settlement and the necessity of Hearing dates. Counsel for the City was agreeable to said approach.
FURTHER CMC
11The Tribunal agreed to schedule a second CMC on Monday June 29, 2026. The Tribunal directed the parties to work with each other and submit a draft Procedural Order (PO) and Issues List (IL) by Monday, June 22, 2026. The Tribunal requested Counsel for the Applicant to submit the PO and IL.
12Parties 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
13Parties 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
14Persons 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 into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
15Individuals 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 hearing by video 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.
16As 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
17The Tribunal Orders that:
a. Party Status is granted to the Toronto Wholesale Produce Association and the Ontario Food Terminal Board;
b. The draft Procedural Order and Issues List are to be submitted by Monday June 22, 2026;
c. The second Case Management Conference is scheduled to commence by Video Hearing on Monday, June 29, 2026 at 10 a.m.; and
d. The Tribunal may be spoken to in the event of any issue arising from this Order.
18There is no further notice required, and the Member is not seized.
“Yasna Faghani”
Yasna Faghani
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.