Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 26, 2026
CASE NO.: OLT-22-002946
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2034055 Ontario Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed-use development (residential and commercial) Reference Number: 12 131809 STE 30 OZ Property Address: 309 Cherry St. (northern portion of the Site -“Phase 1 Lands”) Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002946 Legacy Case No.: PL141264 OLT Lead Case No.: OLT-22-002946 Legacy Lead Case No.: PL141264 OLT Case Name: 2034055 Ontario Limited 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: 2034055 Ontario Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed-use development (residential and commercial) Reference Number: 16 271912 STE 30 OZ Property Address: 309 Cherry St. (northern portion of the Site -“Phase 1 Lands”) Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002947 Legacy Case No.: PL170634 OLT Lead Case No.: OLT-22-002946 Legacy Lead Case No.: PL141264
BEFORE: SHARYN VINCENT VICE-CHAIR Thursday, the 26th day of March, 2026
THIS MATTER, in respect of the lands at 65 Ookwemin Street (formerly 309 Cherry Street) in the City of Toronto, having come for a written settlement hearing on February 5, 2025 before the Ontario Land Tribunal (“Tribunal”); and
THE TRIBUNAL having been advised by the Parties that the full uncontested settlement with the City had been reached, and further modified in July 2025 to address and eliminate any conflict with instrument flight procedures associated with Billy Bishop Airport; and
AND THE TRIBUNAL having reviewed and considered the affidavit filed in support of the modifications, through which the settlement incorporates revised massing and redeployment of the height of the various proposed buildings in order to address concerns of Ports Toronto, and further to be consistent with the modifications to certain policies made necessary with the approval of Official Plan Amendment 409, pertaining to step backs from Ookwemin Street (formerly Cherry Street), subsurface encumbrances within public streets, tall building setbacks along Villiers and Centre Streets, setbacks and heights along Ookwemin Street and the maximum base building heights along Commissioners Road;
THE TRIBUNAL finds that this proposed re-urbanization in a Regeneration Area within the Downtown Central Waterfront, delivering a mix of uses including new public amenities conforms with and will implement city-wide policies and the City of Toronto Official Plan and Central Waterfront Secondary Plan, as amended, and represents good planning.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT
The appeals by the Appellants in OLT-22-002109 (formerly PL030514) and OLT-22 002946 are allowed, in part;
The draft Site and Area Specific Policy attached hereto as Attachment 1 is approved in principle;
The draft Zoning By-law Amendment attached hereto as Attachment 2 is approved in principle;
The Tribunal shall withhold the issuance of its Final Order respecting Attachments 1 and 2 until such time as the Tribunal has been advised by the Solicitor for the City of Toronto that the conditions set out in Attachment 3 to this Interim Order have been satisfied.
No costs are awarded to any party in respect of this Interim Order.
The Tribunal may be spoken to concerning any issues arising from the implementation of this Interim Order or prior to the issuance of its Final Order.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN REGISTRAR 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.
Attachment 1
City of Toronto By-law ###-2025(OLT)
AMENDMENT XXX TO THE OFFICIAL PLAN FOR THE FORMER CITY OF TORONTO
Lands generally bounded by Cherry Street, Villiers Street and Commissioners Street, municipally known in the year 2025, as 65 Ookwemin Street (known previously as 309 Cherry Street).
Section 19.46: Central Waterfront Secondary Plan of the Official Plan of the former City of Toronto is amended as follows:
SCHEDULE C, PORT LANDS AREA SPECIFIC POLICY is amended by adding Section 16.0 “Site and Area Specific Policies”.
SCHEDULE C, PORT LANDS ARE SPECIFIC POLICY is amended by adding Policy 16.1, as follows:
16.1 65 Ookwemin Street
This Site-Specific Policy applies to the lands shown on Map 1, herein referred to as 309 Cherry Street.
16.1.1 Where residential uses are permitted, affordable rental housing will be provided as a minimum of 5.5% of the total residential gross floor area and maintained as affordable rental housing for a period of 99 years;
16.1.2 Affordable rental housing means housing where the total monthly shelter cost (gross monthly rent including utilities – heat, hydro, hot water and water) is at or below the lesser of one times the average City of Toronto rent, by unit type (number of bedrooms), as reported annually by the Canada Mortgage and Housing Corporation, or 30% of the before tax monthly income of renter households in the City of Toronto as follows.
i. Studio units: one-person households at or below the 50th percentile income;
ii. One-bedroom units: one-person households at or below the 60th percentile income;
iii. Two-bedroom units: two-person households at or below the 60th percentile income; and
iv. Three-bedroom units: three-person households at or below the 60th percentile income.
Map 1
Attachment 2
Attachment 3
CONDITIONS OF FINAL APPROVAL
The Zoning By-law Amendment is in a final form satisfactory to the Executive Director, Development Review and the owner which shall include the Holding conditions referenced in Attachment 1;
Confirmation that any OPA 409 relief required by the May 2024 Settlement Proposal has been approved and is in force and effect;
Submission of a Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the site, to the satisfaction of the Senior Manager, Heritage Planning;
Execution of a Heritage Easement Agreement with the City for the site in accordance with the required Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and
The owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, to the satisfaction of the Executive Director, Development Review.