Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 24, 2026

CASE NO.: OLT-25-000904

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 4949 Bathurst GP Limited

Subject: By-law No. 1114-2025

Description: Zoning By-law Amendment for a 39-storey mixed-use building

Reference Number: 24 207996 NNY OZ

Property Address: 4949 Bathurst Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000904

OLT Lead Case No.: OLT-25-000904

OLT Case Name: 4949 Bathurst GP Limited v. Toronto (City)

BEFORE:

VICE-CHAIR Jean-Pierre Blais

Tuesday, the 24th day of March, 2026

THE TRIBUNAL ORDERS that, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on May 25th 2026. The Tribunal has set aside 5 days for the hearing.

“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.

Schedule A

PROCEDURAL ORDER

The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

1. The video hearing will begin on May 25, 2026 at 10:00 A.M. No further notice shall be required.

2. The length of the hearing will be approximately 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

3. The parties and participants (see Attachment “4” for the meaning of these terms) identified at the Case Management Conference are listed in Attachment “1” to this Order.

4. The issues for the hearing are set out in the Issues List attached as Attachment “2” to this Order. There will be no changes to this List unless the Tribunal permits, and a party who asks for changes may have costs awarded against it, except if the Issues List is modified on consent of the parties, through mediation or pursuant to a settlement between the parties.

5. The order of evidence for the hearing is listed in Attachment “3” to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

6. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

7. Any person who intends to participate in the hearing, including parties, counsel, and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

8. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they are intended to be called. This list must be delivered on or before March 24, 2026, in accordance with paragraph 21 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area(s) of expertise in which the witness is proposed to be qualified.

9. Expert witnesses in the same field shall have a meeting on or before March 30, 2026, to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, a Statement of Agreed Facts and Issues shall be filed with the OLT case coordinator on or before April 2, 2026.

10. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 12. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

11. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s anticipated evidence as in paragraph 13. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

12. On or before April 10, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator in accordance with paragraph 21 below.

13. On or before April 10, 2026, a participant shall provide copies of their written participant statement to the other parties and the OLT case coordinator in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. Parties may provide to all other parties and the OLT case coordinator a written response to any written evidence on or before May 1, 2026, in accordance with paragraph 21 below.

15. On or before April 20, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before May 11, 2026, the parties shall provide copies of their visual evidence to all of the other parties and the OLT case coordinator in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before May 11, 2026.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

19. A party who provides a witness’ written evidence or expert witness statement to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days prior to the hearing that the written evidence is not part of their record.

20. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 15, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

21. All filings shall be electronic and, if requested by the Tribunal, also in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7.

22. The Tribunal may conduct mediation on consent of the Parties.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Vice Chair is not seized. So Orders the Tribunal.

SUMMARY OF DATES

DATE	EVENT
March 24, 2026	Parties to exchange lists of witnesses (names, disciplines, CVs and intended order to be called)
March 30, 2026	Meetings of Expert Witnesses
April 2, 2026	Parties to file Statements of Agreed Facts and Issues
April 10, 2026	Exchange of Witness Statements, summonsed witness outlines, Expert Reports and Participant Statements
May 1, 2026	Exchange of Reply Witness Statements
April 20, 2026	Parties to advise OLT if all scheduled hearing days are required
May 11, 2026	Exchange of visual evidence
May 11, 2026	Joint Document Book to be filed
May 15, 2026	Parties to file hearing plan
May 25, 2026	Hearing commences

Attachment 1

LIST OF PARTIES / PARTICIPANTS

Parties

1. 4949 Bathurst GP Limited

Mark Flowers Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1 Email: markf@davieshowe.com Tel: 416-263-4513

2. City of Toronto

Michael Mahoney and Ariel Lo-Wong City of Toronto, Legal Services Division Metro Hall, 26th Floor 55 John Street Toronto, ON M5V 3C6 Email: michael.mahoney@toronto.ca / ariel.lo-wong@toronto.ca Tel: 416-392-4846 / 416-338-6966

Participants

N/A

Attachment 2

ISSUES LIST

The identification of an issue on this list does not mean that all parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

Issues List of 4949 Bathurst GP Limited

1. Should By-law No. 1114-2025 be amended to permit the following, as proposed by the applicant in its Zoning By-law Amendment application, as revised in May 2025 (the “Application”), and would such amendments have regard for matters of provincial interest under section 2 of the Planning Act, be consistent with the Provincial Planning Statement 2024 (“PPS 2024”) and conform with the City of Toronto Official Plan (“City OP”):

(a) a maximum building height of 39 storeys and 131.45 metres;

(b) a maximum height of 7 metres for permitted projections associated with equipment used for the functional operation of the building, including a mechanical penthouse;

(c) a maximum total gross floor area of 37,575 square metres;

(d) a maximum residential gross floor area of 34,700 square metres;

(e) a maximum non-residential gross floor area of 2,875 square metres;

(f) no minimum non-residential gross floor area (excluding day nursery);

(g) residential use portions of the building to be located on the same storey as non-residential use portions of the building;

(h) outdoor amenity space to include outdoor amenity space used for a day nursery;

(i) minimum building setbacks;

(j) maximum horizontal projections of: (i) 3 metres for decks, porches and balconies; (ii) 1.5 metres for cladding added to the exterior surface of the main wall of a building; (iii) 1.5 metres for window projections, including bay windows and box windows; and (iv) 1.5 metres for dormers;

(k) no minimum soft landscaping strip along the east property line;

(l) a minimum number of residential visitor parking spaces of 2 + 0.05 parking spaces per dwelling unit;

(m) no minimum number of residential parking spaces or commercial parking spaces; and

(n) a minimum width of 0.38 metres for bicycle parking spaces?

2. Were City Council’s revisions to the draft zoning by-law amendment that had been proposed by the applicant in the Application required in order to ensure that the zoning by-law amendment would have regard for matters of provincial interest under section 2 of the Planning Act, be consistent with the PPS 2024 and/or conform with the City OP?

3. What relevance, if any, does Official Plan Amendment 778 have in this proceeding?

Issues List of the City of Toronto

Through the Appellant’s Issues List, the Appellant put forward issues with respect to its appeal of the By-law 1114-2025 enacted by City Council on October 9, 2025 (the “By-law”).

City staff provided reasons in its report dated August 29, 2025 as to why it recommended approval of the Zoning By-law Amendment and enactment of the By-law.

In so doing, City staff considered the Appellant’s application for the proposed development, in particular, the May 2025 resubmission of the application to the City (the “May 2025 Proposal”).

In consideration of the May 2025 Proposal, which the Appellant is seeking an order from the Tribunal to permit, the City had the following issues with respect to the May 2025 Proposal:

PROVINCIAL STATUTORY & POLICY REQUIREMENTS

1. Does the proposed Zoning By-law Amendment have regard for the matters of provincial interest set out in Section 2 of the Planning Act, including clauses (h) (p), (q) and (r)?

2. Would a decision by the Tribunal to approve the proposed Zoning By-law Amendment have appropriate regard for the decision of City Council in accordance with Section 2.1 of the Planning Act?

3. Is the May 2025 Proposal consistent with the Provincial Planning Statement (2024), including the following policies:

(a) Policy 2.2.1.b.2 and

(b) Policy 3.9.1.a) – Public spaces, recreation, parks and trails?

CITY OF TORONTO OFFICIAL PLAN

4. Does the proposed Zoning By-law Amendment for the May 2025 Proposal conform with the City of Toronto Official Plan?

5. Does the May 2025 Proposal conform with Section 2.2 of the Official Plan (Structuring Growth in the City), specifically, 8(b)(i)–(v)?

6. Does the May 2025 Proposal have regard for Section 2.2.3 of the Official Plan (Avenues) as amended by Official Plan Amendment 778, including Policies 3, 4(a) and (c), and 7(a, b, c, d) and as informed by the associated explanatory text and sidebars addressing active ground-floor uses, Mixed Use Areas specifications, appropriate scale and built form, transition to adjacent Neighbourhoods, and public realm improvements?

7. Does the May 2025 Proposal conform with Section 2.3.1, including Sections 2.3.1.3, 2.3.1.4, 2.3.1.5(b), 2.3.1.6, 2.3.1.7(a), and 2.3.1.10 of the Official Plan (Healthy Neighbourhoods), and have regard to Section 2.3.1 as amended by Official Plan Amendment 778, including Policy 2.3.1.4?

8. Does the May 2025 Proposal conform with Section 3.1.1 of the Official Plan (The Public Realm), including Policies 2(b, c, d), 6(a)–(e), 13(a) and (c), and Policy 14, relating to the pedestrian environment?

9. Does the May 2025 Proposal conform with Section 3.1.3 of the Official Plan (Built Form), including Policies 1(a), (b) and (f), 5(a), 6, 9(a), 10(a)–(d) and (f), 11 and 13, regarding appropriate site organization, massing and scale, transition to adjacent areas, access to sunlight and sky view, amenity space, and a comfortable and safe pedestrian environment?

10. Does the May 2025 Proposal conform with Section 3.1.4 of the Official Plan (Built Form – Building Types (Tall Buildings)), including Policies 10(a)–(d) and 11, relating to safe and comfortable pedestrian environments?

11. Does the May 2025 Proposal conform with Section 4.5 of the Official Plan (Mixed Use Areas), including Policies 2(c)–(f), (i), (j) and (m), relating to compatibility with surrounding areas, massing and transition, sunlight, comfortable wind conditions, and servicing?

12. Is the May 2025 Proposal daycare location appropriate and functional having regard to:

(a) Section 3.1.1 of the Official Plan (The Public Realm), including Policy 2;

(b) Section 3.1.3 of the Official Plan (Built Form), including Policy 1(f); and

(c) Policy 4.5.2(c) and (f) of the Official Plan (Mixed Use Areas)?

CITY OF TORONTO OFFICIAL PLAN GUIDELINES

13. Does the May 2025 Proposal have appropriate regard for the following City guidelines, as required by Official Plan policies including Sections 3.1.1, 3.1.3 and 3.1.4, including:

(a) Tall Building Design Guidelines;

(b) Growing Up: Planning for Children in New Vertical Communities; and

(c) Pet Friendly Design Guidelines?

SITE-SPECIFIC ISSUES

Height, Massing, Transition and Setbacks

14. Is the May 2025 Proposal height and massing appropriate for the subject lands?

15. Does the May 2025 Proposal appropriately fit within the existing and planned context of the surrounding area and provide an appropriate transition in scale and intensity to adjacent areas?

16. Are the May 2025 Proposal building setbacks sufficient to achieve an appropriate built form and public realm condition?

Shadow Impacts

17. Does the May 2025 Proposal create acceptable shadow impacts, particularly on adjacent properties and the public realm?

Wind

18. Does the May 2025 Proposal provide a comfortable and safe public realm, including acceptable wind conditions for pedestrians?

19. Will the May 2025 Proposal provide comfortable wind conditions for shared amenity spaces?

Soil Volume and Street Trees

20. Does the May 2025 Proposal provide adequate opportunities for tree planting and sufficient soil volume?

Frontage and Right-of-Way on Bathurst Street

21. Are increased setbacks required to accommodate street trees and the planned right-of-way?

Bikeway and Right-of-Way Protection

22. Does the May 2025 Proposal appropriately protect for the planned right-of-way elements in accordance with Section 2.2.3 of the Official Plan (Avenues), including Policy 7; and Section 3.1.1 of the Official Plan (The Public Realm). In particular, does the May 2025 Proposal provide appropriate/adequate space for the:

(a) required 2.0 m bikeway;

(b) TTC queue jump lane; and

(c) TTC bus platform?

Conditions for Final Approval

23. In the event the May 2025 Proposal is approved, in whole or in part, should the Tribunal’s Order be withheld until the following conditions are satisfied:

a. The final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review, or their delegates;

b. The Owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Review Report, Hydrogeological Assessment Report, Servicing Report, Groundwater Summary Form, Foundation Drainage Summary Form, Hydrological Review Summary Form and Associated engineering plans (i.e. Servicing Plan, Grading Plan, Storm Tributary Plan, Sanitary Tributary Plan, Plan & Profiles) (the "Engineering Reports"), to determine the stormwater runoff, sanitary flow and water supply demand resulting from this Development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the May 2025 Proposal 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, or constructing new infrastructure, identified in the 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, and if necessary, in consultation with the General Manager, Toronto Water;

iii. made arrangements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development of the Site, according to the revised Functional Servicing and Stormwater Management Report accepted by the Director, Engineering Review;

iv. ensured that the 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;

v. submitted a revised Transportation Impact Study and associated Transportation Demand Management Strategy/Plan, to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services, or their delegates;

vi. submitted a revised Pedestrian Level Wind Study or Wind Tunnel Study, including the identification of any required mitigation measures to be implemented and secured through the zoning by-law process to resolve wind safety exceedances and to improve pedestrian comfort, to the satisfaction of the Executive Director, Development Review. The City of Toronto's Wind Terms of Reference require a Wind Tunnel Study for buildings higher than 60 metres. A revised wind study using the appropriate technique (based on the final building height) is required and appropriate mitigation measures, having regard to the built form, will be secured.

vii. submitted an updated Sun/Shadow Study to the satisfaction of the Executive Director, Development Review;

viii. submitted a revised Arborist Report, Tree Preservation Plan, Soil Volume Plan, Public Utilities Plans, Landscape Plan demonstrating sufficient soil volume for tree growth and Landscape Sections to the satisfaction of the Executive Director of Environment, Climate and Forestry; and

ix. made revisions to meet the Toronto Green Standard requirements, current as at the time of zoning application, if applicable, to the satisfaction of the Executive Director, Development Review?

Attachment 3

Order of Evidence

1. 4949 Bathurst GP Limited

2. City of Toronto

3. Reply of 4949 Bathurst GP Limited (If any)

Attachment 4

meaning of terms used in the procedural order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.