Nikali Holding Corp. v. Toronto (City), 2026 CanLII 3351

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 12, 2026

CASE NO(S).: OLT-24-001144 OLT-24-001145

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Nikali Holding Corp.

Subject: Proposed Official Plan Amendment

Description: To permit the development of a 6-storey mixed use building

Reference Number: 18 127133 NNY 23 OZ

Property Address: 202 Sheppard Avenue W

Municipality/UT: City of Toronto

OLT Case No.: OLT-24-001144

OLT Lead Case No.: OLT-24-001144

OLT Case Name: Nikali Holding Corp. v. Toronto (City)

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

Applicant/Appellant: Nikali Holding Corp.

Subject: Proposed Zoning By-Law Amendment

Description: To permit the development of a 6-Storey mixed use building

Reference Number: 18 127133 NNY 23 OZ

Property Address: 202 Sheppard Avenue W

Municipality/UT: City of Toronto

OLT Case No.: OLT-24-001145

OLT Lead Case No.: OLT-24-001144

Heard: November 5, 2025 by Video-Hearing

APPEARANCES:

Parties	Counsel
Nikali Holdings Corp.	Max Laskin
City of Toronto	Ray Kallio

DECISION DELIVERED BY Yasna Faghani AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant seeks to develop a 6 storey building consisting of a medical office on the second floor, 17 dwelling units on floors three to six and a small retail space at grade level on a site located at 202 Sheppard Avenue West in the City of Toronto (“Subject Property”). As a result, the Applicant filed an Official Plan Amendment (“OPA”) under s.17 (24) of the Planning Act (“Act”) and Zoning By-Law Amendment (“ZBA”) under s.34(19) of the Act.

2On November 5, 2025, the Tribunal held its first hearing event in the appeal, which was intended to be a Case Management Conference (“CMC”). In advance of the CMC, the Parties advised the Tribunal that they had reached a settlement and filed settlement materials, including Minutes of Settlement. The Parties also advised that it was their intent to present a settlement proposal to the Tribunal at the CMC.

PROCEDURAL MATTERS AND STATUS REQUESTS

3The Tribunal confirmed with the Parties that there were no issues with service of Notice of the CMC and, as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Olivia Morris, sworn on September 24, 2025, which was marked as Exhibit 1.

4Prior to the CMC, the Tribunal did not receive any requests for Party or Participant status. In response to the Tribunal’s inquiry, there were no other persons or entities present at the CMC requesting Party or Participant status.

5Having addressed all the preliminary matters, the Tribunal decided to convert the CMC into a hearing to consider the Settlement.

DECISION

6The Tribunal confirms that it received, reviewed and considered the uncontested opinion evidence of Andrew C. Dales, Registered Professional Planner, as tendered orally as well as contained in the comprehensive affidavit, sworn November 2, 2025 (marked as Exhibit 2 with all exhibits attached thereto). He was qualified by the Tribunal to provide expert opinion evidence in the area of land use planning.

7The Tribunal heard the history of the proposed development from the initial development to what is now before the Tribunal, and as counsel for the Parties confirmed, has been supported by the City Council in May 2025. The Tribunal also heard the history with respect to the various council resolutions relating to Sheppard Lansing Secondary Plan and proposed modifications of the City’s Mid-Rise Guidelines regarding rear angular plans.

8The Tribunal understands that the aforementioned sworn affidavit evidence of Andrew C. Dales reflects cooperative efforts of the Parties to resolve the matter.

9The Tribunal acknowledges that the focus of the efforts centred around the stepping at the rear of the building, which was initially designed to align with an angular plan, which was subsequently eliminated and replaced with a simplified approach in light of the new 2024 guidelines for Midrise Buildings relating to rear transitions. In addition, there was modifications to the overall height of the building and as well as the use of the second floor (either to accommodate office use or residential uses).

10The Tribunal having accepted the uncontroverted opinion evidence of Andrew C. Dales as presented, finds that the subject applications have regard to those applicable matters of Provincial interest found in s. 2 of the Planning Act; are consistent with the Provincial Planning Statement, 2024; conform to the City of Toronto Official Plan City and the Sheppard Lansing Secondary Plan, and have regard for the City’s Mid-Rise Guidelines; and that the subject Applications otherwise reflect principles of good land use planning.

ORDER

11THE TRIBUNAL ORDERS THAT:

a. The appeal by Nikali Holdings Corp. is allowed in part, on an interim basis.

b. The Draft Official Plan for the City of Toronto set out in Attachment 1 to this interim Order is hereby approved in principle.

c. The Zoning By-Law Amendment set out in Attachment 2 to this Interim order is hereby approved in principle.

d. The Tribunal’s final order is withheld until such time as it is advised in writing by the City of Toronto Solicitor that the proposed official plan amendment and zoning by-law amendment are in final form satisfactory to the City of Toronto Solicitor and the Executive Director, Development Review Division and the Applicant.

e. If the Parties do not provide confirmation that the contingent pre-requisite to the issuance of the Final Order set out in the paragraph d has been satisfied, and do not request the issuance of the Final Order by Thursday, February 5, 2026, then the Parties shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and issuance of the Final Order by the Tribunal; and,

f. The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine additional timelines and deadline for the satisfaction of the contingent pre-requisite, or the issuance of the Final Order.

12The Member will remain seized for the purposes of approving the final Official Plan Amendment and the Zoning By-law Amendment and the issuance of the Final Order.

13Tribunal may be spoken to if there are difficulties in satisfying the above condition for the issuance of the Tribunal's Final Order.

“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.

ATTACHMENT 1

CITY OF TORONTO BY LAW 043-2024

To adopt Official Plan Amendment 701 to the Official Plan for the City of Toronto respecting the land municipally known in the year 2024 as 202 Sheppard Avenue West.

Whereas the Ontario Land Tribunal, by its Decision issued on [date] and its Order issued on [date], in respect of Tribunal File [-], upon hearing an appeal under Section 17(24) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 043-2024, as amended, with respect to the lands municipally known in the year 2024 as 202 Sheppard Avenue West; and

The Ontario Land Tribunal Orders that:

The attached Amendment 701 to the Official Plan is adopted pursuant to the Planning Act, as amended.

City of Toronto By-law 1043-2024

AMENDMENT 701 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS 202 SHEPPARD AVENUE WEST

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

Chapter 6, Key Map 35, Sheppard Lansing Secondary Plan, as amended, by adding the following subsection to Section 7, Site and Area Specific Policies:
Lands located on the north side of Sheppard Avenue West, municipally known as 202 Sheppard Avenue West:

i) A maximum density of 3.67 times the lot area. The policies of Section 2.2 do not apply.

ii) Part of the building will project into a 45 degree angular plane measured from a height of 10.5 metres at the minimum required 7.5 metre rear yard setback. The policies of Section 3.6.3 do not apply.

iii) A lot frontage of less than 30 metres. The policies of Section 3.2 do not apply.

Map 37-5, Sheppard Lansing Secondary Plan, Site and Area Specific Policies is amended to add the land municipally known in 2024 as 202 Sheppard Avenue West as Site and Area Specific Policy Area Number 4.

ATTCHEMENT 2

CITY OF TORONTO BY-LAW 1044-2024

To amend Zoning By-law 569-2013, as amended, with respect to lands municipally known in the year 2024 as 202 Sheppard Avenue West.

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and,

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 same meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.1, and applying the following zone label to these lands: CR 3.67 (c0.8; r3.67) SS2 as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying the following Policy Area label to these lands, and applying no value.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Section 995.20.1, and applying the following height and storey label to these lands: HT 21.3, ST 6, as shown on Diagram 4 attached to this By-law.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Section 995.30.1, and applying the following lot coverage label to these lands: 67, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.1 Exception Number (945) so that it reads: CR (x945)

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 202 Sheppard Avenue West, if the requirements of this By-law 1044-2024 are complied with, a building or structure may be constructed, used or enlarged in compliance with regulations (B) to (R) below;

(B) The maximum number of dwelling units permitted on the lot is 24;

(D) Despite regulations 40.10.40.10 (2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 5 of By-law 1044-2024;

(E) Despite regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 5 of By-law 1044-2024;

(F) Despite regulations 40.5.40.10 (3) to (8), and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 5 of By-law 1044-2024 as follows:

(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, by a maximum of 3.5 metres, if the element is no closer than 2.7 metres from the interior face of any main wall;

(ii) enclosed stairwells, roof access, trellises and pergolas, maintenance equipment storage, elevator shafts, chimneys, vents, and 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 3.5 metres, if the element or structure is no closer than 4.5 metres from the interior face of any main wall; and

(iii) railings, landscaping elements, and structures associated with a green roof, by a maximum of 1.8 metres, if the structures are no closer than 4.5 metres from the interior face of any main wall.

(G) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 1,730 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 1,730 square metres;

(ii) the permitted maximum gross floor area for non-residential uses is 370 square metres, which must be located on the second storey of the building;

(H) If the number of number of dwelling units is 20 units or greater, the amenity space requirements in regulation 40.10.40.50(1) apply.

(I) Despite regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 5 of By-law 1044-2024;

(J) Despite regulations 40.5.40.60(2), and (J) above, canopies may encroach into the required minimum building setbacks up to 2.0 metres.

(K) Despite regulation 40.10.50.10(1), a minimum of 76 square metres of landscaping must be provided on the lot;

(L) Despite regulation 40.10.50.10 (2), a 1.8 metre privacy fence will be erected along the rear lot line and side lot lines;

(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) a minimum of 3 residential visitor parking spaces; and

(ii) a minimum of 5 parking spaces for the non-residential uses;

(N) Despite regulations 200.15.1 (1) and (3), accessible parking spaces must comply with the following provisions:

(i) an accessible parking space must have the following minimum dimensions:

(a) length of 5.6 metres;

(b) width of 3.4 metres; and

(ii) A 1.5 metre wide accessible barrier-free aisle or path is required along the entire length of one side of an accessible parking space, and such aisle or path may be shared by 2 accessible parking spaces;

(O) Despite regulation 200.15.1(4), accessible parking spaces must be the parking spaces closest to a barrier free,

(i) entrance to a building;

(ii) passenger elevator that provides access to the first storey of the building; and

(iii) the shortest route from the required entrances in (i) and (ii);

(P) Despite regulation 200.5.1(3), the minimum width for a two-way driveway shall be 3 metres for the portion of the driveway from the building frontage to the rear parking area which includes a traffic warning signal posted at the rear of the building;

(Q) Despite regulations 230.5.10.1(1), (3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimums:

(i) 17 "long-term" bicycle parking spaces for residential uses;

2 "short-term" bicycle parking spaces for residential uses;