Laing Sears Holdings Inc. v. Toronto (City), 2026 CanLII 30971

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

April 2, 2026

CASE NO.:

OLT-23-000424

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

Applicant/Appellant:

Laing Sears Holdings Inc.

Subject:

Official Plan Amendment

Description:

To permit development of two 7-storey residential buildings consisting of total 227 residential units

Property Address:

46, 46R, 48, 50, 52 and 52R Laing Street

Municipality/UT:

Toronto

Municipal File No.:

22 242126 STE 14 OZ

OLT Case No.:

OLT-23-000424

OLT Lead Case No.:

OLT-23-000424

OLT Case Name:

Laing Sears Holdings Inc. v. Toronto (City)

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

Applicant/Appellant:

Laing Sears Holdings Inc.

Subject:

Zoning By-law Amendment

Description:

To permit development of two 7-storey residential buildings consisting of total 227 residential units

Property Address:

46, 46R, 48, 50, 52 and 52R Laing Street

Municipality/UT:

Toronto

Municipal File No.:

22 242126 STE 14 OZ

OLT Case No.:

OLT-23-000425

OLT Lead Case No.:

OLT-23-000424

OLT Case Name:

Laing Sears Holdings Inc. v. Toronto (City)

BEFORE:

K.R. ANDREWS

Thursday, the 2nd

MEMBER

day of April, 2026

AMENDING ORDER

THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on June 17, 2024;

AND THE TRIBUNAL having received expert opinion evidence in the area of land use planning in support of a settlement between the parties;

AND THE TRIBUNAL having determined that the appeals under subsections 22(7) and 34(11) of the Planning Act should be allowed, in part, by way of an Interim Decision issued on June 27, 2024;

AND THE TRIBUNAL having been advised by the parties that the conditions to the issuance of a Final Order have now been satisfied;

THE TRIBUNAL ORDERS that:

1. The above-noted appeal pursuant to subsection 22(7) of the Planning Act is allowed, in part, and the City of Toronto Official Plan is hereby amended in the manner set out in Attachment “1” to this Final Order.
2. The above-noted appeal pursuant to subsection 34(11) of the Planning Act is allowed, in part, and the City of Toronto Zoning By-law 569-2013, as amended, is hereby amended in the manner set out in Attachment “2” to this Final Order.
3. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the by-laws included in Attachments “1” and “2” to this Final Order for record keeping purposes.

“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”

Amendment to the City of Toronto Official Plan

Authority: Ontario Land Tribunal Decision and Order issued on June 27, 2024 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-23-000424

CITY OF TORONTO

Bill XXX

BY-LAW ### (OLT)

To adopt Official Plan Amendment 892 for the City of Toronto respecting the lands known municipally in the year 2025, as 46, 46R, 48, 50, 52 and 52R Laing Street

Whereas authority is given to the Ontario Land Tribunal, under the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and

The Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal as follows:

1. The attached Amendment No. 892 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

Pursuant to Ontario Land Tribunal Decision and Order issued on June 27, 2024 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-23-000424.

City of Toronto By-law No. ~~-20~ (OLT)

AMENDMENT NO. 892 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2025 AS

46, 46R, 48, 50, 52 AND 52R LAING STREET

The Official Plan of the City of Toronto is amended as follows:

1. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 928 for lands known municipally in 2025 as 46, 46R, 48, 50, 52 and 52R Laing Street, as follows:

2. 46, 46R, 48, 50, 52 and 52R Laing Street

a) A mid-rise apartment building is permitted to a maximum height of 7 storeys.

2. Chapter 7, Map 32, Site and Area Specific Policies, is amended by adding the lands known municipally in 2025 as 46, 46R, 48, 50, 52 and 52R Laing Street, as shown on the map above, as Site and Area Specific Policy 928.

ATTACHMENT “2”

Amendment to Zoning By-law 569-2013

Authority: Ontario Land Tribunal Decision and Order issued on June 27, 2024 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-23-000424

CITY OF TORONTO

BY-LAW [Clerks to insert By-law number]

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 46, 46R, 48, 50, 52 and 52R Laing Street.

Whereas the Ontario Land Tribunal, by its Decision and Order issued on June 27, 2024 and its Order issued on [date], in respect of Tribunal File OLT-23-000424, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 46, 46R, 48, 50, 52 and 52R Laing Street; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, Chapter 800 Definitions.

3. Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines from a zone label of R (d 1.0) (x449) and R (x124) to a zone label of R (d 1.0) (x227) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by amending and replacing Article 900.2.10 Exception Number 449 and Exception Number 124 so that it reads:

(227) Exception R 227)

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:

Site Specific Provisions:

A. On lands municipally known as 46, 46R, 48, 50, 52 and 52R Laing Street, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (P) below;

B. Despite regulations 10.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 77.28 metres and the elevation of the highest point of the building or structure;

C. Despite regulation 10.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law number];

D. Despite regulations 10.5.40.10(2) to (4) and (B) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:

i. equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 5.0 metres;

ii. structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 5.0 metres;

iii. architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 3.0 metres;

iv. building maintenance units and window washing equipment, by a maximum of 3.0 metres;

v. planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.0 metres;

vi. antennae, flagpoles and satellite dishes, by a maximum of 5.0 metres; and

vii. trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;

E. Regulation 10.10.40.30(1) with respect to building depth does not apply;

F. Despite regulation 10.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 14,000.0 square metres;

G. Amenity space must be provided at the following rate:

i. at least 2.0 square metres for each dwelling unit as indoor amenity space;

ii. at least 2.0 square metres of outdoor amenity space for each dwelling unit of which a minimum of 40.0 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and

iii. no portion of the outdoor component may be a green roof;

H. Despite clause 10.10.40.70 and regulation 10.10.40.80(1), the required minimum building setbacks and separation of main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];

I. Despite Clause 10.5.40.60 and (H) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

i. decks, porches, and balconies, by a maximum of 1.5 metres;

ii. canopies and awnings, by a maximum of 2.0 metres;

iii. cladding and solar energy equipment and panels added to the exterior surface of the main wall of a building, to a maximum of 1.0 metres;

iv. exterior stairs, access ramps and elevating devices, by a maximum of 2.0 metres;

v. architectural features, such as dormers, eaves, pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.0 metres;

vi. lightwells, window projections, including bay windows and box windows, by a maximum of 1.5 metres;

vii. air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 3.0 metres; and

J. Regulations 10.5.100.1(4) and (5) with respect to driveway width and driveway access for apartment buildings do not apply;

K. Despite regulation 10.5.50.10(4), landscaping shall be provided as follows:

i. A minimum of 30% of the area of the lot for landscaping;

ii. A minimum of 5% of the area of the lot must be soft landscaping;

L. Despite regulation 220.5.10.1(2) a minimum of one (1) Type "G" loading space shall be provided on the lot;

M. Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

i. No minimum parking spaces for residential occupant and non-residential uses;

ii. A minimum of three (3) residential visitor parking spaces are required; and

iii. A minimum of two (2) accessible parking spaces are required;

N. Despite regulation 200.15.1(1), the minimum dimensions for an accessible parking space is:

i. Length of 5.6 metres;

ii. Width of 3.4 metres; and

iii. Vertical clearance of 2.1 metres;

O. If parking spaces are provided within a stacked parking configuration, they may be obstructed on one or two sides in accordance with regulation 200.5.1.10(2)(D), provided that the space is not adjacent to an accessible parking space;

P. A minimum of two (2) bicycle maintenance facilities are required;

Prevailing By-laws and Prevailing Sections: (None apply)

5. Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.

Ontario Land Tribunal Decision and Order issued on June 27, 2024 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-23-000424