Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 16, 2026
CASE NO(S).: OLT-22-002710
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Markee Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 15 residential and mixed-use buildings
Reference Number: 21 169802 NNY 17 OZ
Property Address: 3377 Bayview Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002710
OLT Lead Case No: OLT-22-002710
OLT Case Name: Markee Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Markee Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 15 residential and mixed-use buildings
Reference Number: 21 169802 NNY 17 OZ
Property Address: 3377 Bayview Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002713
OLT Lead Case No: OLT-22-002710
BEFORE:
MICHAEL KRALJEVIC CHAIR
Thursday, the 16th day of April, 2026
THIS IS A MATTER of appeals filed by Markee Developments Inc, pursuant to subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, concerning Official Plan Amendment and Zoning By-Law Amendment (collectively, the "applications") to permit the development of 15 residential and mixed-use buildings in the City of Toronto ("City"). The applications were not decided upon by the City within the statutory timelines, and the applications were subsequently appealed in March 2022.
AND WHEREAS THE TRIBUNAL, on appeal by Markee Developments Inc, issued its decision on August 11, 2023 (the "Decision").
AND WHEREAS Markee Developments Inc filed a request for review ("Request"), pursuant to s. 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal's Rules of Practice and Procedure ("Rules"), that sought to review and reconsider the Decision;
AND WHEREAS THE CHAIR, after having reviewed the Request, determined that the high threshold of a convincing and compelling case for review under Rule 25.8 has been met to warrant the exercise of his discretion under Rule 25.6(c)(ii) to vary the planning instruments arising from the Tribunal's August 11, 2023 Decision for the reasons set out in his letter of disposition, dated April 15, 2026.
ACCORDINGLY, THE TRIBUNAL HEREBY ORDERS that:
- The approval in principle of the planning instruments addressed in the Decision, issued on August 11, 2023, is hereby varied to include the underlined text as follows:
a. [26] THE TRIBUNAL ORDERS that the appeal is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph 27 below, and the Official Plan Amendment and Zoning By-law Amendment are hereby approved in principle, in keeping with the Revised Proposal and architectural plans in Exhibit "E" of the Affidavit of Emma West dated March 18, 2026.
- All of which are ordered pursuant to the Chair's authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal's Rules of Practice and Procedure.
"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.