Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 10, 2026
CASE NO.: OLT-21-001365
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: NJS Sherbourne Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the Subject Property with a 45-storey residential tower
Reference Number: 21 189632 STE 13 OZ
Property Address: 383 & 387 Sherbourne Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001365
OLT Lead Case No.: OLT-21-001365
OLT Case Name: NJS Sherbourne Inc. v. Toronto (City)
BEFORE:
SHARYN VINCENT VICE-CHAIR
Friday, the 10th day of April, 2026
THIS MATTER having come on for a written hearing on September 20, 2023 before the Ontario Land Tribunal (the “Tribunal”), and the Tribunal in its Decision issued October 6, 2023 (the “Decision”) having withheld its Final Order pending confirmation from the City Solicitor for the City of Toronto that the pre-requisite matters noted in the penultimate paragraph of the Decision have been satisfied;
AND THE TRIBUNAL having been notified by counsel for the City of Toronto that the matters noted in the penultimate paragraph of the Decision have been satisfied and that all parties have provided their consent for the Tribunal to issue its Final Order;
THE TRIBUNAL ORDERS that the appeal is allowed and By-law 569-2013 is hereby amended as set out in Schedule A of this Order. The Tribunal authorizes the municipal clerk for the City of Toronto to format, as may be necessary, and assign a number to this by-law 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.
SCHEDULE A
Authority: Ontario Land Tribunal Order issued on [Clerks to insert date] in file OLT-21-0013656
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 383-387 Sherbourne Street.
Whereas the Owner of the lands in the year 2025 appealed a proposed zoning by-law amendment to the Ontario Land Tribunal pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
Whereas the Ontario Land Tribunal, but its Decision issued on October 6, 2023, determined to amend Zoning By-law 569-2013 of the City of Toronto, as amended, with respect to lands known municipally as 383 and 387 Sherbourne Street;
The Ontario Land Tribunal orders:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
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.
Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines from a zone label of R (d2.0) (x970) to a zone label of R (d2.0) (x 173) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 173 so that it reads:
(173) Exception R (173)
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 383-387 Sherbourne 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 (U) below;
(B) Despite regulation 10.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Vertical Datum 1928, Pre-1978 Adjustment (CGVD1928:Pre-1978Adj) of 101.3 meres and the elevation of the highest point of the building or structure;
(C) For purpose of this exception, height means the vertical distance between the established grade and the highest point of the building or structure, subject to permitted projections;
(D) 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];
(E) Despite regulations 10.5.40.10 (2), 10.10.40.10(10)(A) and (D) 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 7.5 metres;
(ii) parapets, and elements and structures associated with a green roof, by a maximum of 3.0 metres;
(iii) building maintenance units and window washing equipment, by a maximum of 2.4 metres;
(iv) planters, landscaping features, guard rails, and divider screens on a terrace, by a maximum of 2.0 metres;
(v) antennae and telecommunication equipment, by a maximum of 3.0 metres; and
(vi) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;
(F) Regulation 10.10.40.30 (1)(A) with respect to the permitted maximum building depth for an apartment building shall not apply.
(G) Despite regulation 10.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 22,300 square metres, of which:
(i) the permitted maximum gross floor area for the residential uses in the Existing Building or “Building B” is 1,580 square metres; and
(ii) the permitted maximum gross floor area for the residential uses in “Building A” is 18,800;
(H) Despite regulation 10.10.40.50(1), amenity space must be provided in the following rates for each dwelling unit in “Building A”:
(i) at least 2.4 square metres of indoor amenity space; and
(ii) a minimum of 1.5 square metres of outdoor amenity space;
(I) Regulation 10.5.50.10(4) with respect to landscaping for an apartment building does not apply;
(J) Regulation 10.5.50.10(5) with respect to landscaping requirement for an apartment building abutting another residential lot shall not apply;
(K) Despite regulations 10.5.40.70(1) and 10.10.40.70 (2) and (3), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(L) Despite regulation 600.10.10(1)(A), buildings with a height greater than 36.0 metres shall maintain a minimum building setback at the distance shown on Diagram 3 attached to this By-law
(M) Despite clause 600.10.10 (1) (D) (E), and (K) and (L) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) air shafts, steps and handrails, by a maximum of 3.0 metres;
(ii) canopies and awnings, by a maximum of 2.5 metres;
(iii) exterior stairs, access ramps and elevating devices, by a maximum of 3.0 metres;
(iv) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 0.6 metres;
(v) window projections, including bay windows and box windows, by a maximum of 0.6 metres;
(vi) eaves, by a maximum of 0.6 metres;
(vii) dormers, by a maximum of 2.0 metres;
(viii) antennae, vents, and pipes, by a maximum of 0.3 metres; and
(ix) despite (i), (ii) and (vii), encroachments for air shafts, steps, handrails, canopies, awnings and dormers shall not be permitted on the south façade of the building.
(N) Despite regulation 600.10.10 (1)(F), building elements which are permitted to encroach into the building setback as per clause (M) above are permitted to penetrate a required angular plane.
(O) The provision of dwelling units is subject to the following:
(i) a minimum of 15 percent of the total number of dwelling units must have two or more bedrooms;
(ii) a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;
(iii) an additional 15 percent of the total number of dwelling units must have two and three bedrooms, or must be dwelling units that can be converted to two and three bedroom dwelling units through the use of accessible or adaptable design measures;
(iv) if the calculation of the number of required dwelling units with two or three bedrooms results in a number with a fraction, the number shall be rounded down to the nearest whole number;
(v) for the purpose of this exception, if the calculation of required dwelling units in (N)(i), (ii), and (iii) above result in a number with a fraction, the number is rounded down to the nearest whole number; and
(vi) the calculation of dwelling units in (O), shall not include any dwelling units that are being provided for the purposes of rental replacement.
(P) Despite regulation 200.5.10.1(1) and table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) a minimum of 6 residential occupant parking spaces; and
(ii) a minimum of 2 residential visitor parking spaces.
(Q) Despite regulation 200.15.1(4) the location of accessible parking spaces shall not apply;
(R) Despite regulation 200.15.1 (1) (B), the Accessible Parking Space shall have a minimum width of 3.4 metres;
(S) Despite regulation 200.15.10.10 (1)(C), accessible vehicle parking spaces must be provided and maintained on the lands in accordance with the following minimum requirements:
(i) 5 of the 8 parking spaces shall be accessible parking spaces;
(T) Despite clause 220.5.10.1.(2), one Type ‘G’ loading space must be provided and maintained on the lot;
Prevailing By-laws and Prevailing Sections:
(A) These premises must comply with Exception 900.11.10(970), unless there is a conflict with the Site Specific Provisions above, in which case the Site Specific Provisions prevail;
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.
Temporary Uses:
(A) None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a temporary sales office on the lot, used exclusively for the initial sale of dwelling units proposed on the same lot, on the lands to which this By-law applies for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.
Ontario Land Tribunal Order issued on [Clerks to insert date] in File OLT-21-0013656